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The Interview: Cyber Attacks and The First Amendment

The fallout from a massive cyber attack on Sony in November escalated tremendously this week. After exposing embarrassing emails and confidential company information, stealing the screenplay for an upcoming James Bond movie,...more

Litigation Alert: California Superior Court Finds Use of Likeness of Former Panamanian Dictator Manuel Noriega in Video Game...

Manuel Noriega v. Activision Blizzard, Inc., No. BC 551747 (Cal Super. Ct. filed October 27, 2014) - In recent years, federal and state courts have wrestled with how to assess right of publicity claims in the video...more

Holy Non-Infringement, Batman!

Fortres Grand Corporation v. Warner Bros. Entertainment Inc. - The U.S Court of Appeals for the Seventh Circuit affirmed the dismissal of a trademark infringement claim, finding that a real computer software product...more

Per Second Circuit: Full Text Searchable Database Is Fair Use

Authors Guild, Inc., et al. v. HathiTrust, et al. - The U.S. Court of Appeals for the Second Circuit, affirming a district court summary judgment ruling in favor of a consortium of authors, ruled that the unauthorized...more

Can a selfie change the rules of the commercial speech game?

David Ortiz, known affectionately as “Big Papi,” is larger than life. As a clutch hitter for the Boston Red Sox, Ortiz’s swing is only matched by his big, friendly personality — both of which have served him well. With...more

Parameters of CDA Immunity Being Tested by Appeals Court in Jones v. Dirty World Entertainment

The U.S. Court of Appeals for the Sixth Circuit is currently hearing an appeal of a district court decision, which if upheld would have enormous ramifications for freedom of speech and the online service provider safe harbor...more

District Court Reaffirms that Service Provider will be Granted Immunity under Section 230 of the Communications Decency Act

Via Section 230, the Communications Decency Act (CDA) provides broad immunity for service providers, hosts and website operators for claims stemming from their publication of information created by third parties....more

Churchill Downs Inc. (CDI) v. Texas Racing Commission (TRC)

USDC Order Dismissing Dormant Commerce Clause Challenge

The USDC for Western District of Texas (Austin Division) found that the Texas "in-person" gaming requirement with respect to advanced deposit wagering does not discriminate against or unduly burden interstate commerce. The...more

Evolving Case Law on the Fair Use of Famous Trademarks in Video Games

A recent spate of cases has generally upheld, on First Amendment grounds, a developer’s right to include unlicensed trademarks in video games. However, until the body of case law becomes so prevalent that trademark owners...more

Around the Virtual World: May 20-24, 2013

A weekly wrap up of interesting news about virtual worlds, virtual goods and other social media. In This Issue: - Around the Virtual World: May 20-24, 2013 - Nintendo Wants Review of Patent Claim Ruling in Wii...more

Nevada Gaming Commission NOTICE OF REQUEST FOR COMMENTS AND/OR LANGUAGE ON REGULATIONS CONCERNING INTERSTATE AGREEMENTS FOR...

Nevada Gaming Commission NOTICE OF REQUEST FOR COMMENTS AND/OR LANGUAGE ON REGULATIONS CONCERNING INTERSTATE AGREEMENTS FOR INTERACTIVE GAMING. --- Section 6 of Assembly Bill 114 from the 2013 Legislative Session...more

Texas Ballot Measure SJR No. 43: "The constitutional amendment to authorize online poker gaming regulated under federal law."

State of Texas Ballot Measure SJR No. 43: "The constitutional amendment to authorize online poker gaming regulated under federal law." [By: Sen. Leticia Van de Putte] --- A JOINT RESOLUTION proposing a constitutional...more

Casinos Go Virtual

In late February 2013 the New Jersey Legislature passed legislation allowing on-line wagering, subject to certain limitations. This legislation was signed into law by Governor Chris Christie. Under the new law, licensed...more

The Off-Reservation Internet Gaming Debate: International Masters of Gaming Law (IMGL) Discussion (03.09.2013)

The Off-Reservation Internet Gaming Debate: International Masters of Gaming Law (IMGL) Discussion (03.09.2013) [re-purposed extract from IMGL LinkedIn legal discussion] --- Some believe that from a US Constitutional...more

NCAA, et. al. v. Christopher J. Christie, et. al. (New Jersey Sportsbetting / PAPSA Litigation)

USDOJ MEMORANDUM IN SUPPORT OF THE CONSTITUTIONALITY OF THE PROFESSIONAL AND AMATEUR SPORTS PROTECTION ACT

MEMORANDUM IN SUPPORT OF THE CONSTITUTIONALITY OF THE PROFESSIONAL AND AMATEUR SPORTS PROTECTION ACT [U.S. Department of Justice, Civil Division] --- [USDOJ Memo of Points & Authorities argues that PASPA is...more

Catholic Advocate, American Majority Action and 60 Plus Association Letter re Prohibition on iGaming (Reid-Kyl)

Supporters and opponents lining up as Catholic Advocate, American Majority Action and 60 Plus Association sent this letter, which calls upon Congress to move the Reid-Kyl iGaming prohibition legislation which they say will...more

NCLGS Resolution Supporting States' Rights in Internet Gaming Regulation

[From the NCLGS website -- About Us] The National Council of Legislators from Gaming States (NCLGS) is the only organization of state lawmakers that meets on a regular basis to discuss issues in regard to gaming. Members...more

Fraternal Order of Police Urges Congress to Update the Wire Act -- Letter to US Congressional Leaders (November 26, 2012)

A Brief History of the Fraternal Order of Police [From the FOP website]: In 1915, the life of a policeman was bleak. In many communities they were forced to work 12 hour days, 365 days a year. Police officers didn't like...more

US v. Pokerstars, et. al. (Christopher Ferguson)

CHRISTOPHER FERGUSON’S MEMORANDUM OF LAW JOINING HOWARD LEDERER’S MEMORANDUM OF LAW IN SUPPORT OF HIS MOTION TO DISMISS THE...

CHRISTOPHER FERGUSON’S MEMORANDUM OF LAW JOINING HOWARD LEDERER’S MEMORANDUM OF LAW IN SUPPORT OF HIS MOTION TO DISMISS THE VERIFIED SECOND AMENDED COMPLAINT: ----- "Christopher Ferguson joins in Howard Lederer’s...more

US v. Pokerstars, et. al. (Lederer)

MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT AND CLAIMANT HOWARD LEDERER’S MOTION TO DISMISS THE VERIFIED SECOND AMENDED COMPLAINT’S...

[LEDERER'S MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT AND CLAIMANT HOWARD LEDERER’S MOTION TO DISMISS THE VERIFIED SECOND AMENDED COMPLAINT’S IN PERSONAM CIVIL MONEY LAUNDERING CLAIM AND FIRST AND SECOND IN REM...more

US v. Pokerstars, et. al. (Lederer)

DEFENDANT AND CLAIMANT HOWARD LEDERER'S NOTICE OF MOTION AND MOTION TO DISMISS THE VERIFIED SECOND AMENDED COMPLAINT'S IN PERSONAM...

[MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT AND CLAIMANT HOWARD LEDERER’S MOTION TO DISMISS THE VERIFIED SECOND AMENDED COMPLAINT’S IN PERSONAM CIVIL MONEY LAUNDERING CLAIM AND FIRST AND SECOND IN REM CLAIMS] "The original...more

PPA Memorandum to Sen. Jon Kyl: The Constitutionality of Pending Internet Poker Legislation (10/31/2012)

[PPA Memorandum to Sen. Jon Kyl: The Constitutionality of Pending Internet Poker Legislation (10/31/2012) -- Paul D. Clement] ---- "The Poker Players Alliance has now asked me to assess whether a revamped version of...more

CHURCHILL DOWNS INCORPORATED; CHURCHILL DOWNS TECHNOLOGY INITIATIVES COMPANY, doing business as TWINSPIRES.COM, versus CHUCK TROUT, in his official capacity as Executive Director of the Texas Racing C

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF (re Dormant Commerce Clause et. al.)

Churchill Downs Inc. challenging Texas law that would ban TwinSpires.com: ----------------------------------------------------------------------------------------------------------- In a bold move to keep online wagers on...more

H.R. 6530 – Global Free Internet Act of 2012 (Companion Bill to H.R. 6529 Introduced by Rep. Zoe Lofgren / D-CA on 09/21/2012)

H.R. 6530 -- Global Free Internet Act of 2012: The Global Free Internet Act of 2012 would establish a formal process in the U.S. government for evaluating policies that pose threats to Internet users and online services....more

Update: $675,000 Jury Verdict Against Music File-Sharer Upheld

As previously discussed on this blog, last year the First Circuit held that the jury verdict for $675,000 in statutory damages against graduate student and file sharer Joel Tenenbaum should not have been reduced to $67,500 by...more

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