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New York Court Holds that DMCA Safe Harbor is Available for State Claims Involving Pre-1972 Sound Recordings This aspect means of the decision means only that the DMCA safe harbor may be available to Grooveshark for state law copyright claims.  The parties will have to continue discovery to determine whether Grooveshark qualifies.  Note: most copyright claims, including all sound recordings created on or after February 15, 1972, are preempted by federal law and may not be brought in state courts. To learn more about copyright protection for sound recordings, see Mark H. Jaffe’s article “Defusing the Time Bomb Once Again: Determining  Authorship in a Sound Recording,” published by the Journal of the Copyright Society of the USA: Defusing the Time Bomb Once Again For informational purposes only.   Not legal advice.]]]]> ]]>

Road to Nowhere

In Liminae: The Road to Nowhere

It takes us about six hours to drive to the rural state jail (that’s owned by two judges) the Feds contracted with to hold our client. Accused of computer crimes, he can’t effectively review evidence in jail – there’s no practical access to computers in the gulag. They’ve seized all his assets claiming they’re the ill-gotten gains of crimes the government can’t identify, and their computer forensics – if you can call them that – have no scientific basis and are full of basic errors and typos. In my decade as a federal criminal defense lawyer doing computer cases across the country, I’ve never come across a case where the government was so completely off.

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Guilty Until Proven Innocent

A defendant’s view from the trenches of federal criminal court This post is originally published to Substack. You can read and follow us there.

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