Do We Need A New Judicial Fast Lane To Combat Trade Secret Theft? (Forbes Cross-Post)
I’ve previously described the Defend Trade Secrets Act as “the most important intellectual property development you aren’t paying attention to.” The bill would create a new federal trade secret law that would dramatically change trade secret practice throughout the country….
Facebook Can Legally Block Pages Without Any Explanation–Sikhs For Justice v. Facebook (Forbes Cross-Post)
For many users, Facebook feels like a utility. Facebook users use Facebook to create new things and expect it to work reliably; users don’t expect Facebook will terminate them capriciously. Thus, when Facebook blocks users’ content, it can be shocking…
Senate Commerce Committee Approves Consumer Review Freedom Act (Forbes Cross-Post)
The Consumer Review Freedom Act (S. 2044) would prevent businesses from contractually restricting their customers from writing online reviews (I call those “anti-review clauses,” but they are also called “gag clauses” and “non-disparagement clauses”). It seems ridiculous that we need…
Another Court Says It’s OK To Link To Defamatory Content–Slozer v. Slattery
Another court has ruled that linking to defamatory content isn’t a defamatory republication of the content. I just blogged on a similar result in Life Designs Ranch, Inc. v. Sommer. The only twist here is that the person posted the…
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…
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…
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…