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News aggregators – Link, don’t replace, your sources

By one account, Bill O’Reilly’s news website includes long quotations from other news organizations, including the mainstream news organizations he often criticizes. That practice suggests a question: How much can a news...more

Libel by tweet. #Beware.

Everything is terse on Twitter. Even alleged libels. Like the Courtney Love case: $430K settlement over a single tweet. Now like music producer Dr. Luke’s case against lawyer Mark Geragos. Dr. Luke (real name Lukasz Gottwald)...more

5/10/2017  /  Lady Gaga , Libel , Twitter

Mobile targeting: A ‘secret weapon’ for good or ill?

It’s an advertiser’s dream — the ability to target customers through their mobile devices, right to down to where they are and what they are doing. But can such precisely targeted messages become a recipient’s nightmare?...more

Creative Commons in Operation – Applying non-commercial and derivative work provisions

As Creative Commons licenses are more widely used, questions are developing about how to use them, and how they apply in particular situations. This column addresses some of these emerging CC interpretations....more

Keyword ads — Only infringing if they’re confusing

Neighbors can be helpful. Our Canadian neighbors may have just helped U.S. trademark owners who wonder about the legality of use of their trademarks in Google AdWords ads, and other search-engine keyword ads....more

When good copyright laws go bad: Indictment lays out porn ‘trolling’ scheme

What happens when you use legitimate means to achieve despicable ends? In the case of two attorneys at the center of a high-profile copyright enforcement scheme involving pornographic movies, you end up on the receiving end...more

Trump libel win based on Trump libel loss

President-elect Donald Trump just won a libel case against a critic — for the very same reason that real estate developer Donald Trump lost a libel case against a critic, more than 30 years ago. And yes, the precedent of...more

Trademark Office warns about deceptive trademark-related solicitations

The recent focus on fake news should remind trademark owners of the special care they need to take with communications about their trademark applications....more

Copyright Office changes procedures for DMCA agent designations

If users ever post anything on a website you operate, you need to protect yourself from any copyright infringement they commit. And a new rule just enacted by the Copyright Office imposes a few new hoops and hurdles for that...more

How to combat the risks of impersonation emails, imitative domains

Amid the headlines and legitimate concern about massive data breaches, we too often overlook the danger of targeted fraudulent emails, and imitative domain names and websites....more

Securing assent: The Internet twist of electronic contracts

If any area of the law could be shielded from the all-consuming influence of the Internet, it ought to be the age-old law of contracts. Nothing about the Internet changes basic elements of contract law, like requirements of...more

Beyoncé’s copyright case was destined for dismissal

For an entertaining education in how to analyze copyrightable similarity, you can’t do much better than U.S. District Cout Judge Jed S. Rakoff’s decision in Fulks v. Knowles-Carter (which you may wish to think of as Fulks v....more

The serious security vulnerabilities of mobile devices

If you have wondered about security threats to your mobile device, a recent report of the National Institute of Standards and Technology may answer some of your questions — and increase your fears. The report,...more

In Pegasus-related copyright suit, judge sidelines as art critic

The analysis in an art copyright case can sound like a class discussion in Art Appreciation 101. Take the case of Croak v. Saatchi & Saatchi, which could also be called Pegasus I v. Pegasus II....more

9/20/2016  /  Copyright , Motion to Dismiss , Pegasus , Toyota

FTC sets new standard for mobile app location tracking – indirectly

If you have wondered how users' physical locations can be tracked when they use mobile devices, a new white paper explains the process. It's actually an FTC complaint, and thus a white paper only indirectly. But...more

Higher ed faces ADA challenges over accessibility of university websites

Websites are vitally important to institutions of higher education for a variety of reasons. They serve as a real-time brochure for prospective students, provide important academic and administrative resources to students and...more

Political campaigns face copyright and robocall liabilities

Though it seems to come as a surprise to many of them, politicians — even presidential candidates — have to live with the same intellectual property and communications laws that bedevil the rest of us....more

Do you have privacy rights on social media?

True or False: Your privacy rights are diminished in social media. Most people would probably say this is true, and there are certainly court decisions asserting that people give up privacy interests once they post otherwise...more

Trade secrets law in the Internet age

How do you maintain a trade secret in the Internet age? As in the punch line to an old joke, “VERY CAREFULLY.”...more

Is everyone’s website illegal?

Your website consists of visible text and graphics, geared to the sighted reader. Its terms and conditions include legal disclaimers and limitations of liability, which, it explains, apply unless they are specifically...more

Electronic marketing’s Internet twist: Use e-mail, not faxes or texts

The name of the CAN-SPAM Act scares some people. They think it severely regulates, or maybe even prohibits, e-mail marketing. In a somewhat surprising twist of Internet law, however, e-mail marketing is less heavily regulated...more

Rapper rumble leads to legal rumble over use of tweet

If you have any remaining doubts that even tiny tweets can lead to major litigation, consider the “Ri-Ri’s Rumble” case. The case has everything: rappers, Rihanna, an eruption at a nightclub and the threat (or maybe...more

Is the Internet expanding privacy expectations?

Is the Internet invading privacy, or expanding privacy? The conventional wisdom is that the Internet is eviscerating privacy. But in some ways a heightened focus on privacy in the digital era may be creating new and greater...more

Will the Zippo sliding scale for Internet jurisdiction slide into oblivion?

Though Internet communications seem to occur in a mystical electronic ether (which we once called cyberspace), authors of Internet messages can be held accountable for them in that very traditional physical place known as a...more

Agencies’ experts make privacy regulation a serious threat

Now it is the time to get smart about privacy and technology, because your government regulators are smart and savvy in those areas. No, that’s not a misprint. Though government regulators are often far behind on the...more

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