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…
When Will We Give Up the Charade That Numbers Are Copyrightable?–National Football Scouting v. Rang
By Eric Goldman National Football Scouting, Inc. v. Rang, 11-cv-5762-RBL (W.D. Wash. Dec. 13, 2012) Individual numbers aren’t copyrightable, no matter how much work or judgment went into producing them. This proposition seems so obvious, I feel silly even mentioning…
How to Fix Software Patents (Forbes Cross-Post)
By Eric Goldman There has been a lot of angst about software patents, and I’ve already posted about some of the problems software patents create and some of the challenges trying to fix those problems. Unfortunately, the rhetoric about software…
Two Challenges to Fixing Software Patents (Forbes Cross-Post)
By Eric Goldman Software patents play a huge–and controversial–role in our economy. In a recent post, I explained some of the unique problems that software innovations pose to the patent system. This post extends that discussion by exploring two structural…
Calling Someone a “Terrorist” Online Is Non-Actionable Opinion–LeBlanc v. Skinner
By Eric Goldman LeBlanc v. Skinner, 2012 WL 6176900 (N.Y.A.D. Dec. 12, 2012) I’ve never heard of Wawayanda, New York before now, but I won’t quickly forget it. The court succinctly summarizes the underlying incident: [Town Board member] Soro discovered…
Two More Cases Hold That Anti-SLAPP Laws Protect Consumer Reviews
By Eric Goldman Every anti-SLAPP law is worded differently, but some statutes protect statements on “matters of public interest,” “issues of public concern” or something similar. This language usually doesn’t explicitly reference consumer reviews of marketplace offerings, but my position…