COMMONWEALTH OF MASSACHUSETTS v. BUSA | Docket No. 1101cr005277 | Boston Muni. Ct. Centr. Div. May 21, 2012 | The Cyberlaw Clinic prepared this amicus brief (pdf) on behalf of the Digital Media Law Project in a case that involved a prosecution under Massachusetts’s anti-counterfeiting law, M.G.L. ch. 266 § 147 (“Section 147”). Section 147 punishes one who willfully “manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses with intent to sell or distribute any item or services bearing or identified by a counterfeit mark,” and it defines “counterfeit mark” to include “any unauthorized freproduction or copy of intellectual property.” The brief argued that Section 147’s definition of counterfeit mark — with no requirement that the mark be likely to cause confusion — criminalizes speech protected by the First Amendment and is thus unconstitutional.
Check out the @cyberlawclinic's own @NCPtarmigan and our friend and collaborator Finale Doshi-Velez from @hseas, writing in the @washingtonpost about artificial intelligence and accountability washingtonpost.com/outlook/ai…
Check out the newly-redesigned website from @EdDebtJustice, featuring valuable resources about the Project on Predatory Student Lending and its litigation and advocacy efforts predatorystudentlending.org
Haven't gotten enough of #FairUseWeek? Neither have we. Keep the fair use fun rolling with the Cyberlaw Guide to Protest Art: Copyright Part 2 - Fair Use medium.com/@cyberlawclini… pic.twitter.com/qRLBmJ1Vv4
Are you an activist artist? Wondering whether you can use someone else’s trademark in your work? The Cyberlaw Guide to Protest Art can help! #ArtLawActivism medium.com/@cyberlawclini… pic.twitter.com/84eZOmFr3D