A Legal Blog by Aaron | Sanders, PLLC


If Goliath Goes After David in a Copyright Case, Does it Matter that David Is a Cheater?

Rick is an experienced Nashville intellectual-property litigator and an erstwhile part-time professor at Vanderbilt University Law School whose writing and teaching focuses on copyright issues but whose law practice involves a wide variety of IP-related disputes.

How Far Should a Publisher Go to Stop Cheating in a Massively Multiplayer Game?

How I wish I had time to play computer games. Heck, how I wish my children had time to play them (other than Minecraft, of course, which remains very popular with my younger child), because then I could play computer games with them. The other day, I wondered out loud to my elder child whether she’d like a Nintendo “Switch,” and she sort of shrugged. Between homework, orchestras, role-playing games, horror films, bad movies and death metal, who had time for computer games, Dad? I was a little crushed, but I take her point.

But, hey, there’s always the law of computer games. And, hey, this case involves the Digital Millennium Copyright Act (DMCA), one of my favorite laws. And, hey, this case also involves a David slinging back at Goliath, which looks like about 90% of my practice.

But first, some sympathy for Goliath. The computer game in question is Fortnite by Epic Games (that’s your plaintiff). It’s a massive, multiplayer shoot-em-up. Imagine dozens of players dropped in a terrain, each trying to pick each other off with interesting guns, explosives, etc., with the last one standing…

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Throwing Back the Throwbacks on Is it Fair Use?

Rick is an experienced Nashville intellectual-property litigator and an erstwhile part-time professor at Vanderbilt University Law School whose writing and teaching focuses on copyright issues but whose law practice involves a wide variety of IP-related disputes.

When History Really Just Commercial Nostalgia?

Last week I wrote about a copyright lawsuit involving the Baltimore Ravens, and in so doing, managed also to mention the San Francisco 49ers*. They both won their respective games and will now meet in the Super Bowl. In the future, I will charge for this sort of thing.

* Because I digressed into the history of the Ravens, who kind of used to be the Cleveland Browns, who used to be in the rival All-American Football League, until it folded and the Browns were invited into the NFL, along with … the 49ers. It’s not very a very direct connection, but I never let directness or the lack thereof interfere with my discussions about professional football, which I discuss with the sort of passion reserved only for kids who were always about 20 pounds too light and a half-step too slow to have a reasonable chance at ever starting.

I also mentioned, in connection with said copyright lawsuit, that a recent decision in that lawsuit (only the latest of many) yielded not one but two separate fair-use rulings.* And that both of these rulings were worthy of inclusion in Is it Fair Use?,…

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