America’s legacy of unparalleled copyright protections and free market orientation has cultivated…
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“Blanket Licensing” – a Collectivist, Bureaucratic, One-Size-Fits-All Deprivation of Property Rights Proposal

America’s legacy of unparalleled copyright protections and free market orientation has cultivated a music industry unrivaled in today’s world or throughout human history.

From the first days of the phonograph, through the jazz age, through the rock era, through disco, through country, through hip-hop and every other popular musical iteration since its advent, it’s not by accident that we lead the world in the same manner in which we lead in such industries as cinema and television programming.  We can thank our nation’s emphasis on strong copyright protections.

Unfortunately, that reality doesn’t deter some activists from periodically advocating a more collectivist, top-down governmental reordering of the music industry in a way that would deprive artists and creators of their…[more]

July 06, 2020 • 02:32 PM

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Jester's CourtroomLegal tales stranger than stranger than fiction: Ridiculous and sometimes funny lawsuits plaguing our courts.
Home Jester's Courtroom A Real Lawsuit from the Virtual World
A Real Lawsuit from the Virtual World Print
Thursday, August 26 2010

A federal judge is allowing a negligence lawsuit to proceed against the publishers of an online virtual-world video game after the plaintiff alleged that he became psychologically dependent and addicted to playing Lineage II.
In a complaint filed on his own behalf, plaintiff Craig Smallwood of Hawaii sought unspecified monetary damages against NCSoft and NCInteractive, Inc., the maker and publisher of Lineager II, because of what Smallwood claimed to be the addictive nature of the game. Smallwood alleges that he became so addicted he was "unable to function independently in usual daily activities such as getting up, bathing or communicating with family and friends."
According to court documents, Smallwood claims he played Lineage II for over 20,000 hours from 2004 through 2009 and that he "experienced great feelings of euphoria and satisfaction from persistent play."  Smallwood further contends that defendants were aware of plaintiff's psychological addiction because of his continued play and never gave him any notice or warning of the danger.   Smallwood charges that defendants "acted negligently in failing to warn or instruct plaintiff and other players of Lineage II of its dangerous and defective characteristics, and of the safe and proper method of using the game."
Earlier this month, U.S. District Judge Alan Kay ruled that: "In light of plaintiff’s allegations, the court finds that plaintiff has stated a claim for both negligence and gross negligence.” In the same ruling, Judge Kay dismissed most of Smallwood's other counts, namely for misrepresentation/deceit, unfair and deceptive trade practices, intentional infliction of emotional distress and punitive damages.

Question of the Week   
John Adams, then-delegate to the Continental Congress and signatory to the Declaration of Independence, said this “… will be the most memorable in the history of America …” with regard to which historic day?
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Quote of the Day   
"Never before has a speech extolling America's virtues and the marvels or the nation's heroes played to such poor -- and completely dishonest -- reviews.At Mount Rushmore on Friday night, President Trump gave a speech that was very tough on the woke Left, while largely celebrating America -- its Founders, its ideals and freedom, its capacity for self-renewal, its astonishing variety of geniuses, adventurers…[more]
—Rich Lowry, National Review Editor
— Rich Lowry, National Review Editor
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