Must Universities Shut Down Constitutionally Protected Speech Forums That Also Enable Student Harassment?
…university issued a campus-wide email claiming “that nothing could be done, that is, the University had “no recourse for such cyber bullying.” Instead, she encouraged UMW students to report any…
2H 2018 Quick Links, Part 6 (IP, E-Commerce, Censorship, & More)
…able to “vindicate their statutory rights.” * Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression * “China is building…
Best and Worst Internet Laws [Repost from Concurring Opinions’ Archive]
…Not surprisingly, Congress made a lot of rookie mistakes. The CDA tried to keep kids away from Internet porn, a reaction to a sensational 1995 article (the “Rimm Report”) published…
Real Estate Appraisals and Copyrighting Facts [Repost from Concurring Opinions’ Archive]
…post first appeared on January 28, 2007.] As reported by the Washington Post, an interesting intellectual property dispute is brewing in the real estate appraisal business. On one side are…
Restricting Competitive Keyword Ads Is Anti-Competitive–FTC v. 1-800 Contacts
…Interesting Tidbits From FTC’s Antitrust Win Against 1-800 Contacts’ Keyword Ad Restrictions. * Some expert reports and related material: Howard Hogan. Dr. William Landes. Rebecca Tushnet’s rebuttal report. Prof. Rebecca…
512(f) Claim Over Counternotice Survives Motion to Dismiss–Handshoe v. Perret
…Biosafe-One v. Hawks Dismissed * Michael Savage Takedown Letter Might Violate 512(f)–Brave New Media v. Weiner * Copyright Owner Enjoined from Sending DMCA Takedown Notices–Biosafe-One v. Hawks * New(ish) Report…
An Analysis of Title II of Public Law 115-264: The Classics Protection and Access Act (Guest Blog Post)
…a sound recording, it appears that subsection 1401(f)(5)(B) was intended to be a transitional measure. (This is confirmed by the legislative history: Senate Report 115-339 says (at p. 19): “This…
California’s IoT Security Law is Well-Intentioned, but a Comprehensive Federal Law is Needed (Guest Blog Post)
…It addresses a critical cybersecurity issue that federal lawmakers have ignored for too long. Nearly four years ago, the Federal Trade Commission staff released a report in which it noted…
Another 512(f) Case Fails–Handshoe v. Perret
…Takedown Letter Might Violate 512(f)–Brave New Media v. Weiner * Copyright Owner Enjoined from Sending DMCA Takedown Notices–Biosafe-One v. Hawks * New(ish) Report on 512 Takedown Notices * Can 512(f)…
California Lawmakers Want a Study of Fake News (If Someone Else Pays for It)
…in the report’s value enough to actually pay for it. Instead, the law says that the AG isn’t obligated to do anything until it receives “sufficient private funding;” and if…