In Its "Innocence of Muslims" Ruling, the Ninth Circuit is Guilty of Judicial Activism--Garcia v. Google

In Its “Innocence of Muslims” Ruling, the Ninth Circuit is Guilty of Judicial Activism–Garcia v. Google

In a ruling that sent shockwaves through the internet community, the Ninth Circuit, with one judge dissenting, found that an injunction should have been granted against YouTube, requiring removal of the “Innocence of Muslims” film. Does Garcia have a copyright…

My Wife Has Lung Cancer. Read Her Story

My Wife Has Lung Cancer. Read Her Story

[Introductory note: I don't normally cross-post from my personal blog, but this post is so important to me that I wanted to share it here as well.] Nothing in life prepared me for the moment when the doctor told me…

Ninth Circuit Turns Out The Lights on California 'Shine the Light' Case

Ninth Circuit Turns Out The Lights on California ‘Shine the Light’ Case

California’s “Shine the Light” statute is designed to facilitate transparency about the information collection and marketing practices of companies. The statute requires companies to disclose to customers the types of consumer information a company discloses to third parties for direct…

Revenge Porn Prosecution Stumbles In New York

Revenge Porn Prosecution Stumbles In New York

The defendant: Posted naked pictures of Adriana Batch, who was then his girlfriend, on his Twitter account, and also sent those pictures to Ms. Batch’s employer and sister. Defendant was charged with (1) aggravated harassment; (2) dissemination of “unlawful surveillance…

Revenge Porn Threat Justified Injunction

Revenge Porn Threat Justified Injunction

Clark and McLane engaged in a several month-long relationship, which ended when Clark notified McLane’s wife of the affair. McLane threatened Clark: He informed her that he had created a website in her name on which he planned to post…

TCPA Claim Over Yahoo!'s IM to SMS Messaging Survives Summary Judgment

TCPA Claim Over Yahoo!’s IM to SMS Messaging Survives Summary Judgment

Yahoo! offers instant message users the ability to receive a text message notification of an instant message. A customer received two messages, and sued for violations of the Telephone Consumer Protection Act. The court denies Yahoo!’s motion for summary judgment….

More Intellectual Property Trivia Questions (The Outtakes)

More Intellectual Property Trivia Questions (The Outtakes)

Recently I posted our IP trivia quiz from WIPIP. To prepare those trivia questions, my colleagues (Tyler Ochoa and Brian Love) and I made a list of potential questions and then picked our favorites. In this post, I’m sharing the…

How Well Do You Know IP Trivia? Let's Find Out

How Well Do You Know IP Trivia? Let’s Find Out

Last week, the High Tech Law Institute hosted WIPIP, a conference where IP professors and fellows present their academic works-in-progress for peer feedback. As part of the festivities, we had an IP trivia night–which I believe is the first IP…

Law Student Can't Enforce Defense Lawyer’s “Prove-Me-Wrong” Promise in TV Interview

Law Student Can’t Enforce Defense Lawyer’s “Prove-Me-Wrong” Promise in TV Interview

This is a fun case! Serrano was accused of murdering (in 1997) four people in central Florida. The trial attracted publicity, and his defense lawyer Mason fought the case in the court of public opinion as well as in court….

Demoting Police Officer for Posting Confederate Flag to Facebook Isn't First Amendment Violation

Demoting Police Officer for Posting Confederate Flag to Facebook Isn’t First Amendment Violation

Duke was a police officer who was Deputy Chief of the Clayton State University Police Department. He had received uniformly positive job reviews. In the wake of the 2012 presidential election, he posted a confederate flag image along with the…