Farewell, Big Dog

We said goodbye to our Big Dog Shy in late January 2016.  We were lucky enough to adopt Shy as a rescue dog in July 2010.  Our 9-year-old male Vizsla, Flash, died prematurely from cancer.  I looked at all of the Vizsla rescue websites on the West Coast, hoping to find an adoptable dog the same age as Flash.  I found Shy on the Utah Idaho Vizsla Rescue website.

Friends of ours from Eastern Washington fostered Shy at the time.  When they came to Western Washington from their home in Ephrata for a dog show, we arranged to take Shy for a weekend trial – and ended up keeping him from then on.  Surprise, surprise.

Shy was very loving and wanted nothing more than to cuddle up with you on the couch.  He was also extremely anxious.  Shy’s previous owners apparently put him out in the back yard and didn’t let him back in the house.  When Shy first came to live with us, it was difficult to coax him off of his bed to go outside.  It was also a challenge to get him to drink enough water.  Eventually, he learned that if he went outside to pee, he could usually come right back in, especially in bad weather.  

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No Such Thing as Unintentionally Giving Up a Copyright Termination Right

Albert Brumley wrote the gospel song, “I’ll Fly Away,” in the late 1920’s.  The music publishing company he sold his song to registered the copyright in 1932.  Albert later purchased the music publishing company that bought his song, regaining ownership of the song.  Albert’s sons, Robert and William, became the owners of both the copyright to the song and the music publishing company by buying the company from Albert and his wife, Goldie, in 1975.  Albert died in 1977.  In May 1979, Goldie signed an agreement assigning all rights to obtain renewals of works composed by Albert to Brumley & Sons.  Robert bought out William’s interest in the company and became the sole owner in 1986.  Goldie died in 1988.

Robert’s four other siblings (excluding William) served Robert with a copyright grant termination notice in 2008.  The siblings later filed a lawsuit against Robert and Brumley & Sons to obtain a declaration that their termination notice was effective.  Robert argued that Goldie relinquished any terminating rights by making the 1979 assignment to Robert and William.  The district court ruled in the siblings’ favor on the termination right.  On appeal, the case was returned to the district court for a new trial on the work made for hire issue.  The district court again ruled in the siblings’ favor on the termination issue.  The Sixth Circuit Court of Appeals affirmed.  The work made for hire question was not an issue in the second appeal.

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Circuit Split on Video Privacy Protection for Smart Device Free App Users

Alexander Yershov sued Gannett, owner of USA Today, for Video Privacy Protection Act (VPPA) violations.  Yershov alleged that the USA Today Mobile App he downloaded and installed on his Android device collected and sent his personally identifiable information (PII) to Adobe, a third party, without Yershov’s consent.

The district court ruled that Gannett disclosed Yershov’s PII to Adobe, but that Yershov was not a consumer protected by the VPPA.  The First Circuit Court of Appeals held that Gannett distributed Yershov’s PII and that Yershov was a consumer under the VPPA, reversing the district court’s dismissal of the complaint.  There is now a circuit split on this issue.  My post Users of Free Video Apps Can Forget About Video Privacy Protection discusses the Eleventh Circuit’s ruling that the smartphone video app user was not entitled to VPPA protection.

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