The Disruptive Communications Project runs an important and interesting piece about “jurisprudence-shoping”— by Georgetown adjunct professor Matt Schruers.
His point is that copyright law and its’ far reaching remedies “are so attractive that they attract plaintiffs from other areas of the law”. This leads to legal migration, where all sorts of legal conflicts are dealt with under laws written with a totally different purpose.
For instance copyright law is being used to silence people who ought to be protected by freedom of speech.
For me, the Nadia Plesner case springs to mind. This artist was sued under copyright law by the luxury brand Louis Vuitton for depicting an undernourished African child holding a designer handbag in her painting Darfurnica.