Federal Trade Secret Bill Re-Introduced–And It’s Still Troublesome (Guest Blog Post)
…not “misappropriation,” leaving it unclear whether theft is different from misappropriation or is a subpart thereof. Similar reports, like the United States Trade Representative’s Special 301 Report on the state…
What’s Worse Than Cleaning Up A Meth Lab? A Trademark Injunction Against Using “Meth Lab Cleanup” In Metatags
…the term “metatags” indiscriminately (and painfully, the defendants’ brief also uses the term “meta-data,” apparently interchangeably), and the plaintiff’s (not very) expert report generically discusses “metatags” but seems to be…
Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership
…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 on 512…
Washington Anti-SLAPP Statute Violates Right To Jury Trial–Davis v. Cox
…Anti-SLAPP Laws and Housing Anti-Discrimination Two More Cases Hold That Anti-SLAPP Laws Protect Consumer Reviews Ripoff Report and Topix Postings Protected by California’s Anti-SLAPP Law–Chaker v. Mateo We Need Federal…
Ripoff Report Gets Easy Section 230 Win In Third Circuit–Obado v. Magedson
Photo credit: enameled house number two hundred and thirty // ShutterStock This was a really interesting pro se challenge to Section 230. The lower court opinion contained all kinds of…
California’s Resale Royalty Statute Violates the Dormant Commerce Clause—In Part (Guest Blog Post)
…Both the Nimmer and Patry treatises opine that the California statute should be preempted, and a 1992 Copyright Office Report so concluded as well. See Register of Copyrights, Droit de…
Q4 2014 & Q1 2015 Quick Links Part 8 (Copyright, Media)
…Judith Finell musicologist’s expert report. NY Times: “Owing to the specifics of copyright law, the jury was instructed to base its decision on the sheet music, a fact that reflects…
LinkedIn’s “Reference Search” Service Doesn’t Violate Fair Credit Reporting Act–Sweet v. LinkedIn
…making this point). The court notes that, in order to be a consumer report, the report must contain information about the person–information “about people other than the consumer who is…
Europe’s Antitrust Move Against Google: A Linkwrap
…key theoretical framework and the discourse got overtaken by paid advocates and pseudo-science. Fortunately, not everyone shares my malaise for reporting on the topic, so the least I can do…
Q4 2014 & Q1 2015 Quick Links Part 7 (Consumer Reviews, RTBF, Defamation, Censorship, Sec. 230)
…To 60 Million WordPress Sites Right to Be Forgotten * Google’s transparency report for RTBF removals. As of April 17, 2015, nearly a quarter-million takedown requests to date. * Article…