Q4 2012 Quick Links, Part 3 (47 USC 230 and more)
By Eric Goldman 47 USC 230/Review Websites * Sulla v. Horowitz, 2012 WL 4758163 (D. Hawai’i Oct. 4, 2012): “§ 230 does not provide this court with exclusive jurisdiction over defamation claims arising from statements made via the internet….While a…
Q4 2012 Quick Links, Part 2 (Privacy, Advertising, Content)
By Eric Goldman Privacy/Security * Knowing how the FTC is cracking down on privacy violations and deceptive persuasion techniques, it’s a little jarring to see how aggressive Obama’s campaign was on both fronts. NY Times (1, 2), WSJ and Time….
Q4 2012 Quick Links, Part 1 (IP Edition)
By Eric Goldman Copyright * Author’s Guild v. HathiTrust, 1:11-cv-06351-HB (SDNY Oct. 10, 2012). James Grimmelmann’s take. * Hillicon Valley: ‘Shell-shocked’ lawmakers shy away from online piracy in new Congress * Ars Technica: Voters boot three SOPA-sponsoring Hollywood allies from…
Let’s Stop Using the Term “Soft IP”
By Eric Goldman You may have heard–or even used–the phrase “soft IP.” I’m not a fan of it, and I think we should retire the term. The term “soft IP” is inherently ambiguous. Sometimes, people use “soft IP” to refer…
The FTC Smartly Ends Its Imprudent Google Search Antitrust Investigation (Forbes Cross-Post)
By Eric Goldman The U.S. Federal Trade Commission (FTC) has ended its nearly two-year-old antitrust investigation of Google’s ($GOOG) search engine practices with minimal consequences to Google. You can see the details from the FTC’s announcement. With any company as…
In Its Rush to Fix Patent Reform, Congress Didn’t Fix Its Biggest Error (Forbes Cross-Post)
By Colleen Chien and Eric Goldman Congress passed the Leahy-Smith America Invents Act (AIA) (S.23), commonly referred to as “patent reform,” in September 2011. The AIA is widely acknowledged as the most important change to U.S. patent law since 1952. The AIA…
The Problem of “International Orphan Works” (Guest Blog Post)
By Guest Blogger Marketa Trimble The U.S. Copyright Office recently extended the deadline by which the public may submit comments on issues related to orphan works until February 4, 2013. The Office is gathering suggestions for shaping future U.S. legislation…
Section 230 Still Keeping the Pro Se Plaintiffs at Bay–Klayman v. Facebook, and More
By Eric Goldman I’m personally committed to blogging every Section 230 case I see, but I fell off the wagon in the second half of 2012. So what better way to usher out 2012 and ring in the new year…
The FTC’s New Kid Privacy Rules (COPPA) Are a Big Mess (Forbes Cross-Post)
By Eric Goldman Earlier this month, the U.S. Federal Trade Commission (the FTC) promulgated new rules (effectively July 1, 2013) interpreting the Children’s Online Privacy Protection Act (COPPA), and the new rules are a real mess. They are riddled with…
Facebook Isn’t–and Shouldn’t Be–A Democracy (Forbes Cross-Post)
By Eric Goldman In 2009, Facebook ($FB) nominally enabled user governance by obligating itself to honor user votes before making certain site policy changes. This experiment in user self-governance was radical and largely unprecedented–especially given the size of Facebook’s userbase, which…