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John T. Mitchell

John T. Mitchell

Recent Articles

Four Days in November: Reflections From the Gut

John T. Mitchell
November 07, 2008 04:11

Morning of November 5, 2008, I reluctantly crawl out of bed, extend checkout time long enough to get breakfast, and contemplate the 3-hour drive back from Hampton, Virginia to my home in Maryland. I emerge from the Holiday Inn elevator to receive the well trained – and rote – greeting from the 5 hot...

Owner of Legal Software Can Sell on eBay

John T. Mitchell
May 22, 2008 04:39

For a long time now, owners of lawfully made copies of software have been subjected to baseless claims that software is “licensed, not sold,” and therefore the right the Copyright Act gives to owners of lawfully made copies to sell them is trumped by the license. A seller of lawfully...

Observations on Professor Patry’s making available observations

John T. Mitchell
April 07, 2008 19:44

Excellent observations by Professor William Patry, in The Patry Copyright Blog: The recent making available cases commenting on the three recent cases ruling in one way or another on the “making available” theory of liability for infringement of the exclusive right of distribution without actually m...

Gray Market Piracy? Come on!

John T. Mitchell
January 07, 2008 04:51

I nearly fell out of my chair when I read CRM News: Strategy: Is Your Supply Chain Going Gray? Frustrated that the Supreme Court has made is so that “Copyright lawyers won’t save you” because the Copyright Act makes it clear that copyrights do not extend to control over...

Law Journal Succumbs to Doublespeak on Intenet Deregulation v. Regulation

John T. Mitchell
October 19, 2007 20:41

The article by Shannon P. Duffy appeasing in Law.com’s 3rd Circuit Upholds FCC’s Deregulation of High-Speed Internet Access succumbs to the regulation/de-regulation doublespeak pressed by the Internet regulators. I would have hoped a law rag would have been sharp enough to avoid such...