The CCPA Proposed Regs’ Data Valuation Calculation Provisions Provide Flexibility, But Raise Ambiguity & Transparency Concerns
…total number of consumers calculation method ignores that data value is contextual. For example, in the context of buying power, billionaire Mark Zuckerberg’s data would understandably be valued differently from…
My Galley by CJR Interview on Trump’s Anti-Section 230 Executive Order
…for success, is a hallmark of the Trump administration and his companies. It’s the Tom Sawyer approach to management. Mathew Ingram Thanks, Eric. In many ways, this seems like an…
2H 2019 and Q1 2020 Quick Links, Part 7 (Content Moderation, Censorship, Defamation, & More)
…Down on Big Tech Is Popular. In the Rest of U.S., Not So Much * NY Post: What conservative voters really think about Silicon Valley * Politico: Inside Mark Zuckerberg’s…
2H 2019 and Q1 2020 Quick Links, Part 4 (Section 230)
…2010) (setting forth elements of doctrine and noting doctrine can apply “where a defendant uses the mark to refer to the trademarked good itself”). The district court properly granted summary…
2H 2019 and Q1 2020 Quick Links, Part 2 (Trademarks/Keywords)
…competition because using a competitor’s trademark as a Google AdWords keyword does not infringe the mark as a matter of settled law. BAS is generally correct that—in and of itself—using…
Humvee Can’t Stop Depictions of Its Vehicles in the ‘Call of Duty’ Videogame–AM General v. Activision Blizzard
…trademark law wasn’t designed to regulate this kind of conduct. The court turns to the constantly baffling Rogers v. Grimaldi test to navigate the First Amendment overlay to the trademark…
Ninth Circuit Rallies in Defense of a Parody Dog Toy–Bad Spaniels v. Jack Daniel’s
…representation of the trademark with the idealized image created by the mark’s owner.”…Bad Spaniels comments humorously on precisely those elements that Jack Daniels seeks to enforce here. The fact that…
Newspaper Can Talk About “Derby Pies” Without Infringing Trademarks–Rupp v. Courier Journal
…this is a non-trademark use or not confusing, flipping back and forth between the two concepts. The court says “the Complaint fails to plausibly establish that Defendant used Plaintiff’s Mark…
46 Academics Encourage Congress To Consider Section 230’s Benefits
…generation of start-up businesses aspiring to disrupt the current Internet incumbents. Market Efficiency: Section 230 strengthens markets in at least two ways. First, Section 230 has spurred the creation of…
The “EARN IT” Act Is Another Terrible Proposal to “Reform” Section 230
…sort of high-level policy decision that is best handled not by the executive branch but by Congress, which best represents the public and its different constituencies and interests.” Mark Rasch,…