Wal-Mart Won’t Print Photos If They Are Too Good
Because copyright is a strict liability tort, “photofinishers” who print photos (like Wal-Mart and Kmart) can be liable if the customer asks to print photos owned by third parties. As…
Talk on 47 USC 230
I’m giving a talk later today on 47 USC 230 at Southwestern Law School. This talk allowed me to organize my thoughts on the state of the law. My slides….
Web Gambling Advertising Suit Against Search Engines Allowed to Proceed
By John Ottaviani Business Wire is reporting that Judge Richard Kramer of the San Francisco County Superior Court has denied a motion to dismiss certain of the allegations in a…
Google’s Human Algorithm
Henk van Ess has been running a series of blog posts at Search Bistro about how Google uses international students to QA the relevancy of its search results. See, for…
Why I’m Not Excited About a New .xxx TLD
I’m not really a fan of new TLDs. Mostly, I see them increasingly irrelevant, so they generate a fair amount of activity but little benefit. As a result, not surprisingly,…
Judge Patel: Maintaining An Index of Downloadable Files is Not “Distributing” the Files
By John Ottaviani Although there was some confusion over Judge Patel’s May 11th ruling in the Napster investor litigation, her May 31 ruling leaves no doubt that the Section 106(3)…
Trademark Adjacency Presentation
I’m giving a talk at Law & Society Association’s annual meeting this Thursday in Las Vegas called “Trademark Adjacency.” A preview of my slides….
No Billboards in Space
I’m a little late blogging on this, but the FAA has proposed regulations to prohibit billboards in space. Comments are due by July 18. Unfortunately, the news reports didn’t accurately…
Campbell v General Dynamics (II)
By John Ottaviani Eric pointed out that I neglected to mention in my post yesterday this case is actually one of the few reported “E-SIGN” decisions. The district court had…
Edelman on “Intermediaries’ Role in the Spyware Mess”
Ben Edelman’s latest post discusses intermediary responsibility for adware. The post details how cash goes from advertisers to advertising representatives (“intermediaries”) to adware vendors to distributors. The Legal Liability Question…