An Analysis of Title I and Title III of The Music Modernization Act, Part 2 of 2 (Guest Blog Post)
…and “to the extent reasonably available,” “the international standard musical work code” for the work, and “identifying information for sound recordings in which the musical work is embodied,” including titles,…
Fourth Amendment Limits NYC’s Demands for Airbnb Customer Records
…short-term rental associated with such transaction, including the street name, street number, apartment or unit number, borough or county, and zip code; (2) The full legal name, physical address, phone…
2H 2018 Quick Links, Part 4 (Trespass, Contracts)
…was unauthorized. The second, starting in the late 2000s, was marked by a narrowing of the CFAA and a focus more on the code-based controls of scraping, a move that…
2H 2018 Quick Links, Part 1 (Copyright)
…“reason code” that plaintiffs’ counsel came to use, counsel’s written exchange with eBay reflects that counsel accurately recited plaintiffs’ theory of infringement to eBay, and then relied on eBay’s instructions…
When a $1M+ Publicity Rights Damages Award Isn’t a Win–Olive v. GNC
…from? The relevant provision of Cal. Civil Code 3344 says damages include: the actual damages suffered by him or her as a result of the unauthorized use, and any profits…
An Analysis of Title II of Public Law 115-264: The Classics Protection and Access Act (Guest Blog Post)
…respect to a sound recording fixed before February 15, 1972, shall be subject to the remedies provided in sections 502 through 505 and 1203 to the same extent as an…
Recent Developments Regarding the California Consumer Privacy Act
…Part 2 of Division 7 of the Business and Professions Code). We may have an ambiguity and a timing issue here. Generally, this section is trying to say that the…
The Florida Bar and Competitive Keyword Advertising: A Tragicomedy (in 3 Parts)
…11. Regardless of its packaging in a different part of the ethics code, this is the exact same issue the BOG addressed and rejected in 2013. And the concerns are…
Announcing the 2018 Edition of My Internet Law Casebook
…Trespass/Computer Fraud & Abuse Act Review: the Computer Fraud & Abuse Act, 18 U.S.C. §1030 [http://www.law.cornell.edu/uscode/text/18/1030], and California Penal Code §502 [https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=502.&lawCode=PEN] Comparison of Trespass to Chattels Doctrines ……………………………………………………… 101…
Businesses Cannot Contractually Ban “Abusive” Consumer Reviews
…contractual provision will violate the CRFA and be exposed to enforcement actions by the FTC, state AGs, a California private cause of action under Business & Professions Code 17200 (as…