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Mark Jaffe, 5 Bridges Law

@markjkings

Lawyer representing creatives in California and New York Copyright. Trademarks. Helping artists get their copyrights back. Asterisks everywhere. https://5bridgeslaw.com/ More links: https://linktr.ee/markj5bridgeslaw

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Latest posts by Mark Jaffe, 5 Bridges Law @markjkings

I quote-posted the right account but the wrong decision because I mixed up all the decisions finding that ICE is abusing constitutional rights. Here's the correct one:
bsky.app/profile/kyle...

05.03.2026 16:20 ๐Ÿ‘ 0 ๐Ÿ” 0 ๐Ÿ’ฌ 0 ๐Ÿ“Œ 0

From the opinion:
"This isnโ€™t how things are supposed to work in America.
Unquestionably, the laws of human decency condemn such villainy."
(Judge is a Trump appointee, for what it's worth. Brooklyn born.)

05.03.2026 16:17 ๐Ÿ‘ 1 ๐Ÿ” 0 ๐Ÿ’ฌ 1 ๐Ÿ“Œ 0

ICE agents, after learning they had the wrong guy and that this guy was authorized to work in the US, continued to detain him and have removal proceedings agains him.

05.03.2026 16:17 ๐Ÿ‘ 3 ๐Ÿ” 1 ๐Ÿ’ฌ 1 ๐Ÿ“Œ 0

I am back in D.C. to hear from cruel Kristi Noem on why she is complicit in the chaos happening at DHS, vote on a War Powers Resolution to rein Donald Trump in, and vote against a DHS funding bill that does nothing to address the reckless actions weโ€™re seeing from ICE.

The work continues.

04.03.2026 16:25 ๐Ÿ‘ 8086 ๐Ÿ” 1190 ๐Ÿ’ฌ 657 ๐Ÿ“Œ 70

Undergrated comment

03.03.2026 18:57 ๐Ÿ‘ 0 ๐Ÿ” 0 ๐Ÿ’ฌ 0 ๐Ÿ“Œ 0

To recap, Salt N Pepa shought a declaration that their termination notices were valid so that the sound recording copyrights would revert to them under 17 USC 203. But the district court held they couldn't exercise the termination right because they never owned the copyright.

03.03.2026 16:22 ๐Ÿ‘ 0 ๐Ÿ” 0 ๐Ÿ’ฌ 0 ๐Ÿ“Œ 0
Preview
Salt N Pepa notice appeal Form C

Salt N Pepa have appealed the decision against them in James v. UMG, as expected.

Interesting that the lawyer on this appeal is new. Richard Busch, best known for his victory in the Blurred Lines trial, filed the appeal on their behalf.
www.documentcloud.org/documents/27...

03.03.2026 16:22 ๐Ÿ‘ 0 ๐Ÿ” 0 ๐Ÿ’ฌ 1 ๐Ÿ“Œ 0

You can't possibly think this is a good point.

03.03.2026 15:08 ๐Ÿ‘ 5 ๐Ÿ” 0 ๐Ÿ’ฌ 0 ๐Ÿ“Œ 0

It's interesting that filing an amicus brief supporting the interpretation of birthright citizenship that has existed for over a century is a point for partisanship, but setting up a farm system for exclusively conservative judges is not

03.03.2026 13:48 ๐Ÿ‘ 269 ๐Ÿ” 51 ๐Ÿ’ฌ 4 ๐Ÿ“Œ 1
Post image Post image

'UNIMAGINABLE CRUELTY': Judge Gary Brown, a Trump appointeee from NY, thrashes DHS' treatment of a man who came to the US at 9 as an abuse/neglect victim, has no criminal record and became a college grad.

"The laws of decency condemn such villainy." storage.courtlistener.com/recap/gov.us...

03.03.2026 14:46 ๐Ÿ‘ 6452 ๐Ÿ” 2405 ๐Ÿ’ฌ 85 ๐Ÿ“Œ 132
SUPREME COURT OF THE UNITED STATES
No. 25A914
NICOLE MALLIOTAKIS, ET AL. v. MICHAEL WILLIAMS, ET AL.
ON APPLICATION FOR STAY
No. 25A915
PETER KOSINSKI, ET AL. v. MICHAEL WILLIAMS, ET AL.
ON APPLICATION FOR STAY
[March 2, 2026]
The applications for
stay presented
to
JUSTICE
SOTOMAYOR and by her referred to the Court are granted.
The January 21, 2026 order entered by the Supreme Court of the State of New York, New York County, Index No. 164002/2025, is stayed pending the disposition of the appeal in the New York state courts and disposition of a petition for a writ of certiorari in this Court, if such a writ is timely sought. Should certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the issuance of the mandate of this Court.

SUPREME COURT OF THE UNITED STATES No. 25A914 NICOLE MALLIOTAKIS, ET AL. v. MICHAEL WILLIAMS, ET AL. ON APPLICATION FOR STAY No. 25A915 PETER KOSINSKI, ET AL. v. MICHAEL WILLIAMS, ET AL. ON APPLICATION FOR STAY [March 2, 2026] The applications for stay presented to JUSTICE SOTOMAYOR and by her referred to the Court are granted. The January 21, 2026 order entered by the Supreme Court of the State of New York, New York County, Index No. 164002/2025, is stayed pending the disposition of the appeal in the New York state courts and disposition of a petition for a writ of certiorari in this Court, if such a writ is timely sought. Should certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the issuance of the mandate of this Court.

JUSTICE SOTOMAYOR, with whom JUSTICE KAGAN and
JUSTICE JACKSON join, dissenting from grant of stay.
The Court's 101-word unexplained order can be summarized in just 7: "Rules for thee, but not for me." Time and again, this Court has said that federal courts have limited jurisdiction. Time and again, this Court has said that federal courts should not interfere with state-court litigation.
Time and again, this Court has said that federal courts should not meddle with state election laws ahead of an elec-tion. Today, the Court says: except for this one, except for this one, and except for this one. Ignoring every limit on federal courts' authority, the Court takes the unprecedented step of staying a state trial court's decision in a re-districting dispute on matters of state law without giving the State's highest court a chance to act. Because that order violates basic principles of jurisdiction, federalism, and equity, I respectfully dissent.

JUSTICE SOTOMAYOR, with whom JUSTICE KAGAN and JUSTICE JACKSON join, dissenting from grant of stay. The Court's 101-word unexplained order can be summarized in just 7: "Rules for thee, but not for me." Time and again, this Court has said that federal courts have limited jurisdiction. Time and again, this Court has said that federal courts should not interfere with state-court litigation. Time and again, this Court has said that federal courts should not meddle with state election laws ahead of an elec-tion. Today, the Court says: except for this one, except for this one, and except for this one. Ignoring every limit on federal courts' authority, the Court takes the unprecedented step of staying a state trial court's decision in a re-districting dispute on matters of state law without giving the State's highest court a chance to act. Because that order violates basic principles of jurisdiction, federalism, and equity, I respectfully dissent.

BREAKING: SCOTUS blocks New York state court redistricting order, over the strong dissent of the Democratic appointees.

02.03.2026 23:20 ๐Ÿ‘ 1852 ๐Ÿ” 738 ๐Ÿ’ฌ 63 ๐Ÿ“Œ 221

So a copyright infringement can sound like a plagiarism dispute, because sometimes weโ€™re asking similar questions. But theyโ€™re necessarily different, and copyright lawyers usually avoid that term (except when weโ€™re citing Sheldon v. MGM). 17/17
(as with all my threads, asterisks everywhere)

02.03.2026 21:33 ๐Ÿ‘ 0 ๐Ÿ” 0 ๐Ÿ’ฌ 0 ๐Ÿ“Œ 0

Additionally, the similarities in the works are often used as evidence of copying. The theory is that these works are so similar in material ways for a jury to reasonably to infer itโ€™s from copying. Thatโ€™s often called โ€œstriking similarityโ€. 16/17

02.03.2026 21:33 ๐Ÿ‘ 0 ๐Ÿ” 0 ๐Ÿ’ฌ 1 ๐Ÿ“Œ 0

Plaintiff will try to introduce circumstantial evidence that their work was copied. In lawsuits where someone claims a movie infringed their screenplay, that evidence is often something like โ€œI showed my screenplay to someone else who must have given it to defendantsโ€ 15/17

02.03.2026 21:33 ๐Ÿ‘ 0 ๐Ÿ” 0 ๐Ÿ’ฌ 1 ๐Ÿ“Œ 0

Because actual copying must be proved, sometimes a key issue is whether the alleged infringer had access to plaintiffโ€™s work. After all, if defendant never saw or heard plaintiffโ€™s book/screenplay/song, they couldnโ€™t have copied it. 14/17

02.03.2026 21:33 ๐Ÿ‘ 0 ๐Ÿ” 0 ๐Ÿ’ฌ 1 ๐Ÿ“Œ 0

To prove copyright infringement, a plaintiff must prove that the defendant copied original expression from plaintiffโ€™s work. It must be โ€œactual copying.โ€ If it was independently created, thereโ€™s no infringement. 13/17

02.03.2026 21:33 ๐Ÿ‘ 0 ๐Ÿ” 0 ๐Ÿ’ฌ 1 ๐Ÿ“Œ 0

Another reason itโ€™s tempting to discuss plagiarism when weโ€™re discussing copyright infringement cases is that sometimes it seems like a plagiarism issue. 12/17

02.03.2026 21:33 ๐Ÿ‘ 0 ๐Ÿ” 0 ๐Ÿ’ฌ 1 ๐Ÿ“Œ 0

The principle in that decision is important. If someone is infringing, then โ€œbut this how much of the work I didnโ€™t useโ€ isnโ€™t a defense. *
11/

02.03.2026 21:33 ๐Ÿ‘ 0 ๐Ÿ” 0 ๐Ÿ’ฌ 1 ๐Ÿ“Œ 0

One reason weโ€™ll see the p-word arise in copyright law regardless: itโ€™s the chosen language in a court decision thatโ€™s often cited: โ€œno plagiarist can excuse the wrong by showing how much of his work he did not pirateโ€. Sheldon v. Metro-Goldwyn Pictures Corp., 81 F.2d 49, 56 (2d Cir. 1936)
10/17

02.03.2026 21:33 ๐Ÿ‘ 0 ๐Ÿ” 0 ๐Ÿ’ฌ 1 ๐Ÿ“Œ 0

On the other hand, someone uploading an entire movie to YouTube without the authorization of the studio, thatโ€™s probably copyright infringement. And probably not plagiarism because the infringer isnโ€™t holding themselves out as the movieโ€™s director. 9/17

02.03.2026 21:33 ๐Ÿ‘ 0 ๐Ÿ” 0 ๐Ÿ’ฌ 1 ๐Ÿ“Œ 0

So, if a college student pays someone else to write their paper for them, it probably meets the universityโ€™s definition of plagiarism. Itโ€™s probably not copyright infringement because the person who wrote it likely consented to the plagiaristโ€™s use. 8/17

02.03.2026 21:33 ๐Ÿ‘ 0 ๐Ÿ” 0 ๐Ÿ’ฌ 1 ๐Ÿ“Œ 0

Notice that Oxfordโ€™s definition of โ€œplagiarismโ€ says โ€œwith or without consent of the original authorโ€. Copyright infringement, by contrast, means use of anotherโ€™s work without authorization. No infringement if thereโ€™s consent. 7/17

02.03.2026 21:33 ๐Ÿ‘ 0 ๐Ÿ” 0 ๐Ÿ’ฌ 1 ๐Ÿ“Œ 0

Also, someone might be plagiarizing if they pass someone else's ideas as their own without giving credit can be plagiarism. Itโ€™s not copyright infringement because copyright doesnโ€™t protect ideas. 6/17

02.03.2026 21:33 ๐Ÿ‘ 0 ๐Ÿ” 0 ๐Ÿ’ฌ 1 ๐Ÿ“Œ 0

In many ways, plagiarism sweeps more broadly than copyright infringement. If someone submits Shakespeare sonnets as their own, thatโ€™s plagiarism. Itโ€™s not copyright infringement because those works are in the public domain. 5/17

02.03.2026 21:33 ๐Ÿ‘ 0 ๐Ÿ” 0 ๐Ÿ’ฌ 1 ๐Ÿ“Œ 0

Oxford Universityโ€™s definition is โ€œPresenting work or ideas from another source as your own, with or without consent of the original author, by incorporating it into your work without full acknowledgement.โ€ 4/17

02.03.2026 21:33 ๐Ÿ‘ 0 ๐Ÿ” 0 ๐Ÿ’ฌ 1 ๐Ÿ“Œ 0

Merriam-Websterโ€™s definition of โ€œplagiarizeโ€ is โ€œto steal and pass off (the ideas or words of another) as one's own : use (another's production) without crediting the sourceโ€. 3/17

02.03.2026 21:33 ๐Ÿ‘ 0 ๐Ÿ” 0 ๐Ÿ’ฌ 1 ๐Ÿ“Œ 0

โ€œPlagiarismโ€ is not a term with legal significance in copyright law. It doesnโ€™t appear in the Copyright Act. The Copyright Office Compendium is nearly 1400 pages and it doesnโ€™t use term even once. 2/17

02.03.2026 21:33 ๐Ÿ‘ 0 ๐Ÿ” 0 ๐Ÿ’ฌ 1 ๐Ÿ“Œ 0

A few words about plagiarism and copyright infringement. The quick answer is that they are different concepts, and that we should usually avoid the term โ€œplagiarizingโ€ when discussing copyright infringement. But itโ€™s helpful to understand the difference, and why weโ€™re tempted to use that term. 1/17

02.03.2026 21:33 ๐Ÿ‘ 1 ๐Ÿ” 0 ๐Ÿ’ฌ 1 ๐Ÿ“Œ 0

what was that part about they're being all finished up in a few months?

02.03.2026 19:10 ๐Ÿ‘ 0 ๐Ÿ” 0 ๐Ÿ’ฌ 0 ๐Ÿ“Œ 0

1. Good thing he's asking the internet instead of his advisors and legal counsel, just like a sharp president should do.

2. I thought he was convinced that he could force tariffs through other laws so why is he pushing this?

27.02.2026 23:24 ๐Ÿ‘ 1 ๐Ÿ” 0 ๐Ÿ’ฌ 0 ๐Ÿ“Œ 0