WARNING: Copyright Office Resurrects Troubling Plan To Strip Websites Of 512 Safe Harbor

The Copyright Office has issued a Notice of Proposed Rulemaking (NPRM) regarding a new electronic submission process for websites and online services to designate agents to receive 512(c)(3) copyright takedown notices. The agent designation process is crucial to the 17…

Google Must Answer Lawsuit For Manually Removing Websites From Its Search Index–E-ventures v. Google (Forbes Cross-Post)

You’d probably be hopping mad if Google manually kicked your website out of its search index; and if you’re an SEO company and Google also kicked all of your clients out, you’d probably feel pretty litigious. But courts have repeatedly…

Second Circuit Muddies The Trademark Nominative Use Doctrine–ISC2 v. Security University

The nominative use doctrine allows third party references to trademark owners using the trademarks they chose as their preferred descriptors. Without a robust and well-functioning nominative use doctrine, trademark owners can have too much control over their brands–they can shut…

Talk on Section 230 and Consumer Reviews

In April, I gave a talk at the University of Sussex on Section 230 as economy policy by encouraging consumer reviews that improve marketplaces. If this sounds vaguely familiar, you’re not imagining things. I’ve been working on this paper since…

Is Uber Liable When Drivers Sexually Abuse Passengers? (Forbes Cross-Post)

Uber allegedly has over 300,000 drivers. In a population that large, inevitably some bad apples will do stupid or illegal things. Uber tries to curb such behavior by doing background investigations (which it has also been sued for) and removing…

Talk on Evolving Trends In High Tech Legal Education

Talk on Evolving Trends In High Tech Legal Education

In April, I spoke at the British and Irish Law Education and Technology Association (BILETA) annual meeting at the University of Hertfordshire in Hatfield, England. BILETA is an academic work-in-progress conference series for British/Irish cyberlaw and IT/IP professors, so I…

Google Isn’t Required To De-Index Negative Ripoff Report–Fakhrian v. Google (Forbes Cross-Post)

We’ve frequently seen that many people want a “magic wand” that would allow them to decide exactly what search results Google shows for their names. Hence, the popularity of the so-called “right to be forgotten” in Europe, with nearly 1.5M…

Marquette University’s Troubling Report on Faculty Blogger (Guest Blog Post)

By Guest Blogger Stephen F. Diamond At the heart of an important and deeply troubling faculty committee report involving academic freedom at Marquette University is the conclusion that a blog post by a tenured political scientist was “reckless” and thus…

The Pros and (Scary) Cons of the New EU Trade Secret Directive, Part 2 (Guest Blog Post)

By Guest Blogger Sharon K. Sandeen Part One of this post gave an overview of the new EU Trade Secret Directive (the “TS Directive”) that will be effective shortly (on the twentieth day after it is published in the Official…

The Pros and (Scary) Cons of the New EU Trade Secret Directive, Part 1 (Guest Blog Post)

By Guest Blogger Sharon K. Sandeen Several years ago, I noticed something remarkable. After years (decades really) of being ignored, trade secret law was finally getting the attention it deserved, and on both sides of the Atlantic. First came the…