@nmetzinger @benteg
Also Experte ist zu viel. Ein AStA (nicht unser) hatte da mal eine gute Übersicht, ich will schon seit Jahren mal eine machen(soon™). Kann die (meines Wissens) Standardwerke empfehlen:
- Morgenroth „Hochschulstudienrecht und Hochschulprüfungsrecht“
- Fischer/Jeremias/Dieterich „Prüfungsrecht“
tl;dr zur Kopie ist: Kopie muss immer möglich sein (Fragen, Antworten und Anmerkungen/Korrektur), die Form darf die Aufsicht entscheiden. Kosten dürfen maximal die Selbstkosten sein und auch nur, wenn dies in einer Gebührenordnung steht. Im Zweifel darf man abschreiben und muss dafür solange Zeit bekommen, wie man braucht. Copyright ist kein Argument. Alternativ per Mail als DSGVO-Anfrage stellen, dann muss die Uni eine maschinenlesbare Kopie inklusive Antworten, Fragen und Korrektur digital weiterleiten.
Hier die Info der HU Berlin
https://media.frag-den-staat.de/files/foi/927057/anhang2-vermerk-kopien-pruefungsarbeiten-gutachten-2023-07-12.pdf
Ein guter #AStA hat so eine Seite hier
https://asta-swf.de/pruefungsrecht-und-klausureinsicht/
Der #FZS hat auch Infos:
https://www.fzs.de/wp-content/uploads/2024/07/PruefungsrechtA5_3mm.pdf
Aber bitte beachten #IAmNotALawyer

I have a not-hypothetical #IntellectualProperty question for any #Lawyers or well-informed #IAmNotALawyer types who might be out there.

We have a concert poster from a star-studded benefit many years ago. And it's been signed by many of the musicians who performed at it. Now we are donating it to a non-profit that is collecting an archive of materials from the period.

So I took the poster to the art supply store to get a high-quality scan (my flatbed is only 8.5" x 14") and they balked at first because the poster is copyrighted by default. But then a lot of discussion ensued as to whether the signatures make it a derivative work.

In the end we're going with the plan that they'll scan it but not release the scan to me until we get a letter from the org we're donating it to saying we can make one digital copy for our own personal archives. I may slip in a line about making one print as well.

And I'm probably also going to take it to Kinkos and do a self-service scan because when I push the button I assume the liability.

Leaving aside any debates about copyright itself, I'm wondering if the signatures do in fact turn it into a derivative work.

#News out of #Nintendo's #patent #lawsuit against #PocketPair, alleging the #GameMechanics of #Palworld are too similar to #Pokemon.

We now know the main #patents, all filed in #Japan earlier this year after PalWorld's release...

(Reminder that #IAmNotALawyer)

No. 7493117 involves #collision and #pathfinding, and seems to be mostly related to trainer battles and entering battle by throwing one Pokemon at another. It's not clear to me how this is novel or unique enough for a lawsuit.

No. 7528390 involves player characters mounting creatures and riding them around. As Pokemon is far from the only, first, or even a game with this mechanic for more than a few years, I don't see how they can claim this.

No. 7545191 is the #PokeBall thing, which #PalBalls are very similar to, so much I was surprised they did that at the game's release (#Bugsnax at least used a non-spherical trap), but again, I'm not sure how this is unique or innovative enough for a lawsuit.

#Gaming #GameDev

@qkslvrwolf Close, but not quite enough. Congress would need to make a constitutional amendment eliminating presidential immunity. I've said it before and I'll say it again: I doubt Biden would ever do what that would require. He'd probably resign instead, or at least find a way to be declared temporarily unfit. Acting President Harris, then, on the other hand... #ThisIsNotAdvocatingAnything #IAmNotALawyer

@nullagent

#IAmNotALawyer

But I see an instant challenge to this one. Seems the language quoted would make it impossible for an individual person to bail themselves out more than three times per year.

An edge case, maybe, but I doubt any law can stand that says you can't post bail for yourself so long as the judge has permitted it.

Last one:

28 CFR § (36 subpart C) 36.301 Eligibility criteria.
(a) General. A public accommodation shall not impose or apply eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, or accommodations…

Keep reading! Basically it’s good to know that the onus isn’t on you to get #accessibility

✅it
#IAmNotALawyer

If "corporations are people", any attempt to ban explicitly TikTok violates the Equal Protection clause.

Frankly, the same goes for tax breaks and incentives. #IAmNotALawyer

I don’t understand how Apple are able to allow developers to sell their apps at different prices within the EU. That sounds like price discrimination to me, which is banned in the EU. Can anyone clarify? #IAmNotALawyer

See here: https://mastodon.social/@stroughtonsmith/109995602506345698

@mattontech To complicate things, the US Copyright office recently came to a different conclusion, and their conclusion is inconsistent with their earlier rulings about the copyrightability of non-legal-entities (ie Gorillas that get ahold of cameras). #IAmNotALawyer
@mattontech That is a deeply nuanced topic. It is my belief (and belief of lawyers that I talk to) that AI content can be copyrighted, but not by the AI itself. That is, the copyright defaults back to a human, probably the prompter. In that case, it is consistent with what Gorsuch says because the liability for the content defaults back to the entity providing the inputs to the AI system. #IAmNotALawyer