42 Law Professors Oppose The Defend Trade Secrets Act
I have frequently called the Defend Trade Secrets Act, a bill to create a new federal civil trade secret cause of action, the most important IP development that you’re not paying attention to. I hope that will change. Today, 41…
“2015 Internet Law Updates” Talk Slides
Last week, I spoke at the 40th Annual IP Institute organized by the California State Bar’s IP Section. I presented an Internet Law year-in-review, but that topic basically means I talk about whatever I feel like talking about. Unfortunately, the…
No Liability for Linking to Defamatory Content–Life Designs Ranch v. Sommer
The plaintiffs run Life Designs Ranch, a substance abuse aftercare program that the defendant’s son participated in. Unhappy about billing issues, the defendant Sommers threatened Life Designs that “I am willing to get legal with this. Are you? I would…
How Congress Can Protect Online Consumer Reviews (An Assessment of the Consumer Review Freedom Act) (Forbes Cross-Post)
[Note: last Wednesday, I testified on the Consumer Review Freedom Act before the Senate Commerce Committee. My testimony. My complete written submission.] For many Americans, the First Amendment is the alpha and omega of free speech protection. However, the First…
Disney Not Liable For Disclosing Device IDs And Viewing Habits
This is another VPPA case grappling with the question of how the statute defines “personally identifiable information.” A recent key VPPA ruling addressed the issue of whether someone who downloads an app is a “subscriber” (answer: no), but the PII…
Facebook Beats Privacy Lawsuit Alleging Persistent Tracking
This is a lawsuit against Facebook alleging that it tracked people visiting websites throughout the web even if they were not logged on to Facebook. As the court describes the allegations, Facebook uses a persistent cookie that tracks a person’s…
Amazon AppStore and Google Play Defeat Lawsuit Over Infringing App Name–Free Kick Master v. Apple (Forbes Cross-Post)
Plaintiffs often target app stores for issues with third party apps. A recent court ruling in favor of Amazon’s AppStore and Google Play highlights the legal risks faced by app stores, as well as the benefits to consumers and society…
Anti-Employer Chatter On Facebook Protected By NLRA–Triple Play v. NLRB
We previously blogged about this case, which involved employees who were discharged by Triple Play Sports Bar and Grille (the employer) for their Facebook activity: “NLRB Invalidates Employer’s Blogging Policy And Reverses Firing Based On Facebook Posts“. On appeal, the…
Call for Projects/Papers/Participation for Sixth Annual Internet Law Works-in-Progress, March 5, 2016
[Eric’s note: I’m passing along this invitation from Ari Ezra Waldman, who is running the 2016 edition of the Internet Law Works-in-Progress conference. Some background about the conference series. Due to my family situation, I still have placed a hold…
Commenting on Viral Video Is Fair Use–Equals Three v. Jukin Media
This is a copyright lawsuit over viral videos. Jukin Video apparently finds and acquires the rights to viral videos. It reached 1 million subscribers on YouTube and has over 17,000 videos available for licensing. Equals Three produces short humor programs…