Lance Koonce

Lance Koonce

Davis Wright Tremaine LLP

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Making the Creative Commons Smarter

Two weeks ago at the terrific inaugural RightsTech Summit, a wide range of very knowledgeable people came together to discuss the current state of digital rights management, and more importantly, the direction that new...more

8/12/2016 - Blockchain Copyright Creative Commons License Digital Assets Metadata Popular

[Event] Blockchain Beyond: How Distributed Ledgers Will Transform Media, Entertainment, Advertising, e-Commerce, the loT and More...

Over the past two years, lightning has struck the financial industry in the form of a new technology: the blockchain. The industry has both been disrupted as well as energized by this technology, which has been called the...more

5/16/2016 - Bitcoin Blockchain Cryptocurrency Events Financial Services Industry Popular

The Wild, Distributed World: Get Ready for Radical Infrastructure Changes, From Blockchains to the Interplanetary File System to...

Every so often—and more frequently now than ever before—we are treated to a deluge of media stories telling us why some new technology will change our lives. Recently, the thundering drumbeat of technology topics has included...more

5/16/2016 - Bitcoin Blockchain Internet of Things Transparency

Copyright’s “Double Spend” Problem: Digital First Sales

For those interested in the evolution of digital currencies, I highly recommend Steven Levy’s “E-Money (It’s What I Want)” article from Wired way back in December 1994. It’s a great read, and presages many current...more

4/29/2016 - Bitcoin Blockchain Copyright Infringement Cryptocurrency Digital Downloads First Sale Doctrine Popular The Copyright Act Virtual Currency Young Lawyers

Ninth Circuit Retcons Its “Dancing Baby” Fair Use Decision and Creates More Confusion

Apparently, George Lucas is not the only party in California who can edit his own work after release in order to change aspects he does not like. While perhaps not as culturally significant as changing Star Wars: A New Hope...more

3/23/2016 - Copyright Infringement DMCA Fair Use Good Faith Internet Service Providers (ISPs) Online Videos Standing Takedown Notices Universal

Could a Blockchain-Based Registry Ever Replace the Copyright Office?

Blockchain technology opens up the possibility for a provider to offer an immutable registry of transactions, held on a decentralized network of computers. While financial applications continue to dominate the blockchain...more

3/16/2016 - Blockchain Copyright Office Copyright Ownership Copyright Registration Digital Data Popular

Another Page in the Google Books Saga: Appeals Court Blesses Mass Digitization Project as Fair Use

Those of us of a certain age (read: old) still recall standing in line at the bank of copy machines in the school library, quarters in hand, waiting to copy a few pages of a key piece of research found in the stacks. Those...more

2/22/2016 - Copyright Infringement Digital Media Fair Use Google Google Books Popular Putative Class Actions The Copyright Act

The Dancing Baby Grooves to Mixed Victory in the 9th Circuit: Court Holds that DMCA Takedown Notices Require Consideration of Fair...

Behind the scenes of the Internet’s current swirl of memes, mashups and other viral content is a massive system of takedown notices and counternotices passing back and forth between content owners, web hosts and users,...more

2/19/2016 - Copyright Infringement Digital Media DMCA Fair Use Takedown Notices The Copyright Act Universal YouTube

Another Page in the Google Books Saga: Appeals Court Blesses Mass Digitization Project as Fair Use

Those of us of a certain age (read: old) still recall standing in line at the bank of copy machines in the school library, quarters in hand, waiting to copy a few pages of a key piece of research found in the stacks. Those...more

10/21/2015 - Authors Authors Guild Copyright Copyright Infringement Copyright Litigation Digital Media Fair Use Google Google Books Hackers Libraries Piracy

The Dancing Baby Grooves to Mixed Victory in the Ninth Circuit: Court Holds That DMCA Takedown Notices Require Consideration of...

Behind the scenes of the Internet’s current swirl of memes, mash-ups, and other viral content is a massive system of takedown notices and counter-notices passing back and forth between content owners, web hosts, and users,...more

9/16/2015 - Copyright Copyright Infringement Copyright Litigation Corporate Counsel DMCA Fair Use Good Faith Music Industry Online Videos Takedown Notices The Copyright Act Universal Young Lawyers YouTube

Wake-Up Call: Second Circuit Declares NSA’s Mass Telephone Surveillance Program Illegal; Defers Injunction While Congress Ponders...

Whatever your opinion of Edward Snowden, the shockwaves from his leaks of classified material continue to roil all three branches of the federal government. The latest wave broke last week when the United States Court of...more

5/13/2015 - ACLU ACLU v Clapper Appeals Data Collection Metadata NSA Patriot Act Surveillance Telecommunications

The Big Picture: Aereo Held to Violate Public Performance Right

In a 6-3 decision written by Justice Breyer, the Supreme Court today ruled that Aereo’s internet television service infringes broadcasters’ exclusive rights to publicly perform their works. Despite the potentially broad...more

6/26/2014 - ABC ABC v Aereo Aereo Broadcasting Cable Television Providers Copyright Copyright Infringement Public Performance Rights SCOTUS The Copyright Act

How Much Of The Virtual World Does Google Already Own?

For many of us, the term virtual reality conjures images from popular culture, such as the gleaming techno-world in the Tron films or the hyper-realistic environment in The Matrix and its sequels. Or it may make us think of...more

5/28/2014 - Google Internet Virtual Goods

What’s in a Structure? Google Loses Bid to Have Java Interfaces Deemed Unprotectable, as Federal Circuit Reaffirms Copyright...

The intersection of copyright and patent law is of great interest to anyone who seeks to develop or use creative works that are also functional, in particular developers of software, which by its very nature is functional. In...more

5/19/2014 - Copyright Copyright Infringement Google Java Oracle Oracle v Google Patent Infringement Patent Litigation Patents

Should Have Stayed on The Farm(ville): Class Action Plaintiffs' ECPA Claims Put Out to Pasture

Ah, to be a class action plaintiff these days. One day you’re up, plowing through the Northern District of California on expansive theories of injury, the next you’re down, upended like a top-heavy apple cart by a failure to...more

5/16/2014 - Class Action Data Protection ECPA Facebook Farms Privacy Policy Zynga

Part III: Has Congress Spoken and Does It Really Matter? The Wyndham Worldwide Case and the Expanding Power of the FTC to Police...

In the first and second parts of this series, we provided a summary of the District Court of New Jersey’s recent decision in FTC v. Wyndham Worldwide Corp. and then focused on whether the FTC has given “fair notice” to...more

4/18/2014 - Data Protection FTC Jurisdiction Wyndham

Part II: Fair Notice or No Notice? The Wyndham Worldwide Case and the Expanding Power of the FTC to Police Data Security

In our first blog in this series, we provided a summary of the District Court of New Jersey’s recent decision in FTC v. Wyndham Worldwide Corp., in which Judge Salas confirmed the FTC’s authority to bring enforcement actions...more

4/14/2014 - Data Protection FDA FTC Jurisdiction Wyndham

Part I: The Elephant Emerges From the Mousehole: The Wyndham Worldwide Case and the Expanding Power of the FTC to Police Data...

In support of its motion to dismiss the FTC’s complaint alleging data security deficiencies in violation of Section 5 of the FTC Act, Wyndham Worldwide Corporation cited the Supreme Court’s opinion in Whitman v. American...more

4/10/2014 - Corporate Counsel Cybersecurity Data Protection FTC Trucking Industry Wyndham

Social Networking for Jerks: FTC Goes After Site for Scraping Facebook Content

In the 1979 Carl Reiner film The Jerk, a new phonebook is delivered and Steve Martin, playing the title character, rejoices that “I'm somebody now! Millions of people look at this book every day! This is the kind of...more

4/8/2014 - Data Mining Facebook FTC Lanham Act Social Networks Unfair or Deceptive Trade Practices Wyndham

SCOTUS Clears District Court Jam Over Test for Standing in False Advertising Cases

Printing has not been this interesting since Dwight Schrute and Jim Halpert bickered over paper sales and Michael Scott told off-color jokes in “The Office.” Last week, the U.S. Supreme Court stepped into the laser...more

4/7/2014 - Advertising AT&T False Advertising Lanham Act Lexmark Manufacturers SCOTUS Standing

The Curious Case of Sherlock Holmes’ Copyright

When last we saw Benedict Cumberbatch as Sherlock Holmes, in the second season of the BBC series “Sherlock” in 2012, Holmes had apparently died in a fall from a hospital roof in an episode entitled “The Reichenbach Fall.” The...more

1/3/2014 - Copyright Copyright Infringement

The Twelve Days of Surveillance

It seems like a new revelation about mass surveillance by the U.S. government and our allies occurs on an almost daily basis, each one more astounding than the last. Don’t be surprised if those jingling bells you hear on your...more

12/23/2013 - Address Book Cell Phones Edward Snowden Free Speech Google Metadata National Security NSA Patriot Act Pornography Surveillance

It's Not Just the NSA: Your Keyboard Knows Who You Are, Too

In 1891, Arthur Conan-Doyle wrote a Sherlock Holmes short story entitled “A Case of Identity”. In it, he solves a mystery in part by determining that several different letters were all typed on the same typewriter: "It...more

11/25/2013 - Metadata NSA Surveillance

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