Thursday, February 20, 2025

Blacklock’s Aspirational Appeal Advancing

 A close up of a logo

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I’ve written earlier about the Blacklock’s appeal. The Attorney General has filed its Respondent’s memorandum on January 20, 2025. It makes all the essential points.

CIPPIC has now filed its Intervener’s memorandum on February 19, 2025, which covers a lot of ground in its allotted 20 pages. Once again, I am delighted to see myself cited as an authority.

For readers’ convenience, here once again is Blacklock’s “bombastic” Appellant’s memorandum filed on December 2, 2024.

IMHO:

  • What the Government did was clearly fair dealing and did not infringe copyright.
  • CIPPC is right that “entering a valid and licitly obtained password to access password-protected content does not “circumvent” a TPM”.
  • CIPPIC is right that TPMs do not trump fair dealing as a matter of law.

HPK*

* with a reminder, as always, that none of this is legal advice