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The Entertainment and Media Law content community collects and organizes the best information from around the web that will help you learn and stay current. If you would like to be included and or participate, please contact: Tony Karrer |
429 Articles match "Content"
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The Latest from Entertainment and Media Law
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Advertiser Protection under CDA Section 230 for User-Generated Online Contest Submissions Will Go to Jury
The result is an unusual ruling that sends to a jury the issue of whether the advertiser that sponsored the contest was an "information content provider" with respect to the videos, and thus is ineligible for CDA Section 230 protection. Quiznos sought to compare the meat content of certain of its sandwich products to comparable Subway offerings, and fashioned a campaign that included television advertisements and an online video contest that solicited submissions from users who were asked to create a video demonstrating "why you think Quiznos is better." A hard-fought battle between two sandwich franchises has yielded an opinion dealing with the application of Section 230 of the Communications Decency Act to videos submitted as part of an online contest.
New Media and Technology Law
- Friday, March 5, 2010
Real throws in towel in RealDVD case
The MPAA hailed the settlement : "We are gratified by the successful conclusion of this important matter," said Daniel Mandil, General Counsel & Chief Content Protection Officer for the MPAA. "Judge RealNetworks has folded in its dispute with the major movie studios over RealDVD, ending its appeal of the injunction against distribution of the DVD copying software and agreeing to pay $4.5 million of the studios' litigation fees.
Copyrights & Campaigns
- Wednesday, March 3, 2010
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The Best from Entertainment and Media Law
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Culture Clash on the Internet
The Internet has devalued content to the point where it is often offered at no charge—newspapers, for instance—or widely misappropriated, as with music and movies. Either way, many people expect much of their content to be free. Underlying both is the belief that content on the Internet should be free (a notion reinforced by the other four factors). How did this attitude arise? Why is this, how did it happen, and, focusing on music and movies, what can be done about it? I’ve previously written about the why, in Huffington Post and Vanderbilt Journal of Entertainment and Technology Law articles, and identified six factors.
Digital Media Law
- Wednesday, July 22, 2009
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CDA Section 230: The Law That Judges Love to Hate Takes a Hit
The Ninth Circuit panel held that Section 230 bars the plaintiff's negligent provisions of services / negligent undertaking claim, but remanded for further consideration of the promissory estoppel claim, because promising to remove content (as opposed to merely failing to remove it) is not necessarily the act of a publisher:
Tags: CDA Section 230 Online Conten Many attempts have been made to plead around the immunity provided to interactive computer services under Section 230 of the Communications Decency Act, and only a very few such attempts have succeeded. Here's one that has succeeded
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Old Wine, New Tablet: New Apple iPad Raises Many Legal Issues
Whether or not the iPad will be the content distribution game-changer that so many are looking for is another matter, but it's still a pretty interesting device. To the extent an agreement specifically contemplated an iPhone (for example, a development agreement for an App on the iPhone, or a content license agreement for an App to be available on the iPhone), is the iPad within the scope of that agreement? (Note Apple probably could not have satisfied all the wild and hopeful imaginings of everyone who weighed in on what its new iPad device would look like, and what its functionality would be.
New Media and Technology Law
- Thursday, January 28, 2010
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Want Some Hot News? AP Hot News Case against Online News Aggregator Survives Motion to Dismiss
Last year, controversy erupted in the blogosphere when the AP sent a DMCA take-down notice to The Drudge Retort blog , and then indicated that it would disseminate a set of fair use guidelines for bloggers who wished to use its content. Tags: hot news associated press Online Content fair use dmca copyright managemen The cause of action for misappropriation of reports of breaking news, i.e., "hot quot;hot news" misappropriation, has been around for going on a century, since the U.S.
New Media and Technology Law
- Thursday, February 26, 2009
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Advertiser Protection under CDA Section 230 for User-Generated Online Contest Submissions Will Go to Jury
The result is an unusual ruling that sends to a jury the issue of whether the advertiser that sponsored the contest was an "information content provider" with respect to the videos, and thus is ineligible for CDA Section 230 protection. Quiznos sought to compare the meat content of certain of its sandwich products to comparable Subway offerings, and fashioned a campaign that included television advertisements and an online video contest that solicited submissions from users who were asked to create a video demonstrating "why you think Quiznos is better." A hard-fought battle between two sandwich franchises has yielded an opinion dealing with the application of Section 230 of the Communications Decency Act to videos submitted as part of an online contest.
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Barnes v. Yahoo! Opinion on Remand a Caution to Web Site Operators: Don't Let Employees Make Promises That They Can't Keep
Nevertheless, Web site operators would be wise to educate their employees regarding the proper handling of requests to remove allegedly defamatory content, in order to avoid generating a claim that might survive the summary judgment stage of litigation.
...Tags: Tags: CDA Section 230 Online Conten To the great frustration of plaintiffs and their attorneys, and even some judges, courts have construed Section 230 of the Communications Decency Act in such a way as to make it virtually impossible to hold a Web site operator liable for defamatory material that is posted on the site by a third party, even if the operator has knowledge of the defamatory nature of the material and refuses to remove it.
New Media and Technology Law
- Thursday, December 17, 2009
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Report: US military going rogue for online content
Industry veterans are accustomed to sticking up for the rights of content owners and usually take heated rhetoric...
...Tags: By Eriq Gardner There's been a lot of heated debate lately about copyright laws and Hollywood's reaction to file-sharing on digital networks. Tags: Copyright Government Pirac
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Web Site Invitation to Submit Art Work for Authentication Does Not a Contract Make, the New York Appellate Division Rules - A General Lesson for User-Generated Content
Can the submission of user-generated content pursuant to an invitation posted on a Web site give rise to implied contractual obligations on behalf of the Web site owner? 1, 2009) does not specifically address user-generated content and rather involves the submission of an art work for authentication by an artist's foundation , the opinion in close enough to be of interest to parties that accept user-generated submissions via a Web site. Although the recent case of Thome v. The Alexander & Louisa Calder Foundation , 2009 NY Slip.
New Media and Technology Law
- Thursday, December 10, 2009
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Make Way for Duck Bites -- Roommates.com
Roommates was sued for violating the fair housing laws, and it unsuccessfully argued that as an interactive computer service it was immune from liability for the content posted by its users, under Section 230 of the Communications Decency Act . Under the statute, the immunity does not apply if the service provider also participated as an “information content provider”, by being “responsible, in whole or in part, for the creation or development of the offending content.” Jumping in with a few thoughts on the 9th Circuit's Roommates.com decision , which came out last week -- some viewpoints include Eric Goldman , Michael Erdman , and Evan Brown .
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Make Way for Duck Bites -- Roommates.com
Roommates was sued for violating the fair housing laws, and it unsuccessfully argued that as an interactive computer service it was immune from liability for the content posted by its users, under Section 230 of the Communications Decency Act .
Under the statute, the immunity does not apply if the service provider also participated as an “information content provider”, by being “responsible, in whole or in part, for the creation or development of the offending content.” Jumping in with a few thoughts on the 9th Circuit's Roommates.com decision , which came out last week -- some viewpoints include Eric Goldman , Michael Erdman , and Evan Brown .
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