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In the Supreme Court’s NetChoice Rulings, the Court Leaves the Door Open for Future Social Media Content Moderation Regulations

Are social media companies more like newspapers or phone companies? This oft-debated question in social media legal circles, while seemingly trivial on the surface, represents a momentous debate over whether—and how...more

California’s Shift to Kaplan for Bar Exam Questions Sparks Copyright Debate

Facing potential insolvency by 2026, the State Bar of California is exploring various cost-saving measures, including remote administration and the use of small vendor-owned test centers for its exams. As part of this...more

Shining Light on the Algorithms in Your Company’s Black Box

Artificial intelligence has long since evolved from a technology with exciting potential to a near ubiquitous and integral component in the day-to-day conduct of many businesses....more

Soulbound Tokens: Moving Away from the Hyper-Financialization of Digital Assets

Earlier this year, Ethereum co-founder Vitalik Buterin, in cooperation with economist Glen Meyl and researcher Puja Ohlhaver, published a research paper on soulbound tokens (SBTs). SBTs are publicly visible, non-transferrable...more

First-of-Its-Kind Settlement Brings Clarity for Players in Retail Crypto Market

On February 14, the Securities and Exchange Commission (SEC) announced that it had entered into a settlement with BlockFi Lending LLC, a subsidiary of BlockFi Inc., (collectively BlockFi) over first-of-its-kind charges that...more

The FCC Adds Teeth to Internet Protocol (IP) Closed Captioning Rules

It’s the end of the day and you find yourself with a little downtime to catch up on your favorite streaming show. Whether it’s because each episode vacillates between the loudest of explosions and the quietest of dialogue or...more

Biometrics and BIPA Claims in Academic Testing

COVID-19 accelerated digital transformations across every industry. From the growth of e-commerce and food delivery services to virtual workspaces and online learning, a seismic shift towards digitalizing our day-to-day...more

The FTC Urges Companies to Confront Potential AI Bias … or Else

It might be a little meta to have a blog post about a blog post, but there’s no way around it when the FTC publishes a post to its blog warning companies that use AI to “[h]old yourself accountable—or be ready for the FTC to...more

Playboy, NFTs and Monetizing a Traditional Media Portfolio

Just as video killed the radio star, so did the digital transformation kill (or at least convert) traditional media. While “going digital” became the bane of many traditional media companies that struggled to make the leap to...more

With Facial Recognition, Responsible Users Are the Key to Effective AI

As part of our on-going coverage on the use and potential abuse of facial recognition AI, we bring you news out of Michigan, where the University of Michigan’s Law School, the American Civil Liberties Union (ACLU) and the...more

Skin in the Game: A Second Take on Copyright and Tattoos in Video Games

You’re in the midst of doomscrolling, when you decide to take a mental health break and post a photo to your socials from a happier (pre-pandemic) time. As you search through your photos, you find a great one of yourself that...more

Digitalized Discrimination: COVID-19 and the Impact of Bias in Artificial Intelligence

As the world grapples with the impacts of the COVID-19 pandemic, we have become increasingly reliant on artificial intelligence (AI) technology. Experts have used AI to test potential treatments, diagnose individuals, and...more

EARN IT Act Amendments Could Shift Section 230 Protection from DOJ Guideline Compliance to Post Hoc Enforcement Regime

It has been a little more than a month since the Department of Justice (DOJ) made their formal recommendations to lawmakers on how to limit the scope of the broad immunity given to interactive computer service companies,...more

A Drone’s Eye View of Rights and Legal Remedies

Have you ever been startled by the buzzing sound of a passing swarm of angry mechanical bees as you work from home? Have you ever looked out your window and noticed an agile device zipping through your property? If so, drones...more

The Open COVID Pledge – Don’t Say “I Do” Till You Think It Through

Companies must do their due diligence before pledging or using pledged IP. Companies need to consider future entanglements created by letting others use their IP under the Open COVID Pledge. Companies using IP under the...more

As a Response to COVID-19, 3D Printing Provides Some Wins … and Some Compelling Intellectual Property Questions

As the world collectively struggles to adapt to the “new normal,” it is clear that one of many challenges facing businesses and individuals is how to best adapt to supply chain disruptions. ...more

The Bias in the Machine: Facial Recognition Has Arrived, but Its Flaws Remain

When it comes to photos destined for the web, I’d rather be behind the camera than in front of it. However, on a recent trip to Tokyo I was reminded that photos of me, and specifically my face, are often being captured and...more

Critics, Trolls and the Disgruntled Few: Reputation Management in the Age of Social Media

Managing reputation is tough when every person with a social media account is a potential critic with global reach. Organizations must contend with the concern that one negative social media posting could destroy hard-earned...more

Yabba Dabba Doo We Know Who Owns This? – New Frontiers in Derivative Work Creation

From the frontiers of content creation, we bring news in the longstanding war between man and machine. Or, in this particular case, animators versus software....more

Getting the Brand Back Together: Are Dead Trademarks Free to Use?

It’s Monday, and you’re at the local coffee stand with your work buddies sipping pour-overs made from freshly roasted fair trade beans. Brad from accounting is telling everyone about the new show he just binged on Netflix....more

The Internet Stole My Face: New Advances in Technology Could Make Everyone a Digital Video Puppet

“Believe nothing you hear, and only one half that you see.” Edgar Alan Poe wrote those words over a century ago, yet if he were alive today he may opt for the darker: “Believe nothing you hear and nothing you see.” Over the...more

A Tale of Two Trump Tweets: Is It Harder to Prove Defamation in Social Media?

Last month, a New York trial court dismissed a complaint against Donald J. Trump and others brought by political consultant and commentator Cheryl Jacobus that alleged, in part, a defamation claim (libel) based on tweets by...more

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