| | | Examples + Internet | 274 articles | -
MEDIA LAW | MONDAY, MAY 20, 2013 Do LinkedIn Endorsements Violate Legal Ethics? The person who endorsed me is someone I know only through the Internet. For example, one of my contacts offered to endorse me in the area of “International Law,” even though I know very little about the subject. 'An update from LinkedIn this morning indicated that a connection of mine had endorsed me as being skilled in litigation. -
MUSIC TECHNOLOGY POLICY | SUNDAY, MAY 12, 2013 The Copyright Principles Project: The Arrogant Thimblerig of Contrived Consensus Such as…oh, I don’t know…the House Judiciary Committee, for example. For example, we find this statement in The Project’s white paper: At the outset of this project, we spent a considerable amount of time discussing the scope and objective of our efforts. But one thing it is not is consensus. I think not. -
MUSIC TECHNOLOGY POLICY | SATURDAY, MAY 11, 2013 The Copyright Principles Project Misses the Point on Copyright Registration–we have registration now, where is the benefit? MTP readers will remember that the US based Samuelson Glushko acquired for an unknown sum the naming rights to the Canadian Internet Policy and Public Interest Clinic operated by the well known Canada booster Michael Geist at the University of Ottawa, now known as the Samuelson Glushko Canadian Internet Policy and Public Interest Clinic.). -
MEDIA LAW | TUESDAY, MAY 7, 2013 Create a Legal Archive of Websites and Social Media Unfortunately, the plug-in works only with Internet Explorer. For example, you can set up a feed to capture all Twitter posts by a designated person or regarding a designated topic. In this way, you could capture every new post on a blog, for example. 'This dashboard view shows recent captures from my Twitter feed. General - From EFF to Obstruction of Justice
For example, “ RIAA v. 'Some of you may remember the guidance that Fred von Lohman gave to p2p operators while he was at the Electronic Frontier Foundation. See, e.g., “ What Peer-to-Peer Developers Need to Know About Copyright Law”). . ”). It’s hard to say what she meant exactly. these situations.
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GORDON P. FIREMARK | MONDAY, APRIL 15, 2013 Why you should have a lawyer for every deal Some examples of transactions often screwed up by do-it-yourselfers include: Copyright Registrations, Assignments, Recordations, and the like. Searching the Internet is a great way to find expert lawyers in almost any field, but it's also worth asking your friends, colleagues, and even competitors for referrals. 'Why hire a lawyer? - SEC Has Conditional “Like” for Social Media Disclosures by Securities Issuers—A Reason to Reevaluate Electronic Communications Policies and Practices
Such steps may include, for example, consistently using that channel to disclose material, non-public information on an equal basis with the issuer’s other channels of distribution. Internet Technology electronic communications policies Regulation FD SEC social media 'The U.S. Canellos, the SEC’s acting enforcement chief, stated. -
MUSIC TECHNOLOGY POLICY | SUNDAY, MARCH 31, 2013 John Pointer Interview at SXSW An enlightening short interview with the incomparable John Pointer, artist extraordinaire and founder of Patronism.com a prime example of artists helping artists–and based in Austin, Texas, right where you’d expect to find great artists and great music companies. -
MUSIC TECHNOLOGY POLICY | WEDNESDAY, MARCH 20, 2013 How the Copyright Office Wants to “Offset” the Copyright Term On Wednesday at 3:30 pm ET , the Register of Copyrights Maria Pallante will be testifying before the Subcommittee on Courts, Intellectual Property and the Internet (aka the “IP Subcommittee). She is the only witness. It is well worth reading. The action really starts on page 22 with this section: Offsetting Copyright Term. See U.S. -
MUSIC TECHNOLOGY POLICY | TUESDAY, MARCH 19, 2013 According Due Weight to Register Pallante’s Testimony On Wednesday at 3:30 pm ET , the Register of Copyrights Maria Pallante will be testifying before the Subcommittee on Courts, Intellectual Property and the Internet (aka the “IP Subcommittee). She is the only witness. Because for all the studies and reviews, etc., So Easy A Teenager Can Understand It. Or health care? Or corporate law? -
MUSIC TECHNOLOGY POLICY | FRIDAY, MARCH 15, 2013 Pandora Promo Campaigns: Disinformation by Internet Radio Fairness Coalition? For example – when Pandora first started, they were easy to work with and you could engage with them to promote your artists. Thankfully the tech part of SXSW is over–an unprecedented level of disinformation spewing from panels around town this year–particularly those funded by you know who. This was a boon to indie labels. -
MUSIC TECHNOLOGY POLICY | WEDNESDAY, MARCH 13, 2013 Celebrity Justice and the Hidden Agenda Behind Pandora’s Internet Radio Fairness Act: Screwing legacy artists In case you were wondering what ever happened to the so-called Internet Radio “Fairness Act”, here’s another little taste of what Big Tech has in store for artists–particularly “legacy” artists, meaning artists with strong catalog from the past. Let’s say from before 1972. And how are they doing it? -
MUSIC TECHNOLOGY POLICY | SATURDAY, FEBRUARY 9, 2013 One Bad Apple: The Complete Checklist on Google’s “Non Anti-Piracy” Anti-Piracy Policies Google’s Public Policy blog initiates their non- mea culpa mea culpa with a statement which I quote in part: “… [A]long with [the] new wave of creators come some bad apples who use the Internet to infringe copyright. ["Some"?] This “24 hours or less” business in the First Non-Mea Culpa Mea Culpa is an example. The answer? -
MUSIC TECHNOLOGY POLICY | TUESDAY, FEBRUARY 5, 2013 Wolves in Sheeps Clothing Criminalizing All Who Oppose Them But for He Who Brings the Sunlight: The Troubled, Strange, Fearful, Frightened World of Gary Shapiro, the Diogenese of Anti-Copyright Lobbyists The legislation would make on-line service providers liable in some instances for intellectual property stolen on the Internet. That provision upsets many telephone companies, which provide Internet access, and America Online, the nation’s largest on-line service. See also David Israelite's excellent op ed responding to Shapiro. -
GORDON P. FIREMARK | THURSDAY, JANUARY 31, 2013 Why Small Business Owners need to think about intellectual property protection Protecting your sold products and services from Internet piracy through copyright is an important component of every business' asset protection plan. The foregoing are just a few examples of how small businesses can maximize the value of their investments in intellectual property. Patents. Trademarks. Copyright. Trade Secrets. -
CURRENT TRENDS | FRIDAY, JANUARY 25, 2013 Protecting The Brand- Trademark 101 Examples of well-known trademarks include NIKE, CHANEL and COKE. Facial tissue is an example of a generic term. Here’s an example we often discuss with clients to highlight the difference in a generic/weak trademark and a fanciful/strong trademark. Developing a strong trademark is key to protecting the value of the brand. -
MUSIC TECHNOLOGY POLICY | SATURDAY, JANUARY 19, 2013 How the Rate Court Cottage Industry is Leading to the Destruction of Collective Licensing So for example, Sony/ATV can opt out for Pandora, but stay in for broadcast radio or venue licenses. For example, Judge Stanton is the ASCAP rate court judge in the Southern Distric of New York. The news that Sony/ATV made a direct deal with Pandora produced some strangely paranoid chatter in the echo chamber. Millions in legal fees. -
MUSIC TECHNOLOGY POLICY | FRIDAY, JANUARY 11, 2013 Google’s Crony Capitalism Across the Pond After the rather incredible example of crony capitalism we saw played out at in the FTC’s bungled handling of Google culminating in the agency’s decision to drop the Google antitrust case, I would point out that there is talk of a Congressional investigation into the Google antitrust case and the FTC’s bungling. Netflix? -
MUSIC TECHNOLOGY POLICY | TUESDAY, JANUARY 8, 2013 “Change Congress” or the Triumph of Cronyism? Should Google Lobbyists be Radioactive? For example: Washington Post : Most complaints from groups have to do with search bias. While it is a trueism that nothing says Internet Freedom like getting away with it, the better metaphor for Google’s approach might be either teenager waiving a gun in your face or schoolyard bully threatening to do so. And even the U.S. -
MUSIC TECHNOLOGY POLICY | THURSDAY, JANUARY 3, 2013 What the FTC Should Know About Brand Sponsored Piracy and Google’s “Pinto Problem” This is one of the ways, for example, that Megavideo became such a megamoney enterprise. How the ad comes to be there is important, but following the money in this case is a lot easier than some in the chain–Google for example–would have you believe. LG Served to Filestube. Picture Speaks 1000 Words. We have pictures. -
MUSIC TECHNOLOGY POLICY | THURSDAY, DECEMBER 20, 2012 The Piracy-Pandora Connection: Can the Super Bowl, Oscars and Grammys Move the Needle on Brand Supported Piracy? Kornelis mentions David Lowery’s “ Letter to Emily ” which was almost universally received as a balanced and courteous discussion of the underpinnings of piracy as a culture and pointed out how successfully Big Tech has attempted to commoditize music and movies in order to sell hardware and Internet access. Sorry, Tim.). -
MUSIC TECHNOLOGY POLICY | MONDAY, DECEMBER 17, 2012 Lindsay Lohan, the FTC and the Ennui of Learned Helplessness This would be the same Federal Trade Commission that saw nothing criminal in Google sending thousands of cars with Wi-Fi sniffers around America under the guise of taking pictures of the people’s houses and posting them on the Internet. And eventually it stops jumping and just takes the shock. But let’s not jump to conclusions. 20580. -
MUSIC TECHNOLOGY POLICY | TUESDAY, DECEMBER 4, 2012 Why we should not be too quick to judge Mr. Chaffetz along with his Internet Radio Fairness Act For example, Mr. Chaffetz asked Jimmy Jam whether Jimmy thought that the allocation of royalties among the sound recording owners, featured artists and nonfeatured artists was “fair.” Because Google is part of DiMA, CCIA and the CEA, all members of the Internet Radio Fairness Coalition? No where else that I am aware of. -
MUSIC TECHNOLOGY POLICY | WEDNESDAY, NOVEMBER 28, 2012 For Those Who Think the FTC Investigation of Google Doesn’t Implicate the Music Business When you read about the Federal Trade Commission’s investigation of Google, you may think this is just another example of Google’s getting away with it through crony capitalism. And as we all know, nothing says Internet Freedom like getting away with it Does this directly involve music and movies? Because they can. -
MUSIC TECHNOLOGY POLICY | FRIDAY, NOVEMBER 23, 2012 The “Free Culture” Book Report Redux: Terry Hart’s Part 1 on why the RSC “paper” really wasn’t ready for primetime For example, it omits many important issues that a government sponsored paper should take into account–such as the effects on our treaty obligations of the paper’s recommendations. Why was the paper withdrawn? “This Policy Brief presented one view among conservatives on U.S. copyright law. This policy brief doesn’t. -
MUSIC TECHNOLOGY POLICY | MONDAY, NOVEMBER 19, 2012 Not Ready for Prime Time If you think I’m wrong, find me some examples in comparable documents. In any event–it’s now circulating around the Internet on the letterhead of the RSC, and has that awful word in it several times. “Retarded” is a common word with teens and 20 somethings, you hear it frequently. Oh, yes. By all means. -
MUSIC TECHNOLOGY POLICY | MONDAY, NOVEMBER 19, 2012 A Great Question from @ZoeCello: Should Digital Retailers Own the Artist’s Fan Data? Zoe Keating, What I Want From Internet Radio. For example, if you are listening to Zoe Keating on Pandora, you are taken to a page that says “Frozen Angels” from “One Cello X 16: Natoma” You can “Share” or “Buy” If you click on the album page it’s similar stuff. ”). -
MUSIC TECHNOLOGY POLICY | SATURDAY, NOVEMBER 10, 2012 IRFA and the Future of Music Policy Summit: Why Would FOMC Miss An Opportunity to Defend Artist Rights? The Internet Radio Fairness Act will be front and center–both Pandora Founder Tim Westergren and Senator Ron Wyden have been added in the last few days and they are not there to talk about the weather. There are other sponsors, like Pandora, for example, but one is struck by just how many Google connections there are to the event. -
MUSIC TECHNOLOGY POLICY | THURSDAY, NOVEMBER 8, 2012 Big Tech’s Inverted “Bump”: When demand goes up, royalties go down Greg Sandoval has an interesting article today (“ Web Radio Growing Faster Than On-Demand Services “) that points out another clear example that the new boss is worse than the old boss. ” For example, a 16% artist royalty would increase to 17% at 500,000 and then to 18% at 1 million. These are called “bumps.” -
MUSIC TECHNOLOGY POLICY | TUESDAY, NOVEMBER 6, 2012 A Good Deal To Do: Pandora Doubles Down Against Creators, Now Strikes At Songwriters If it wasn’t clear before, the Pandora lawsuit against ASCAP brings into sharp focus the purpose behind one part of the Internet Radio Fairness Act : Section 5(a), which allows Pandora, Google, Clear Channel and their fellow travelers to sue any group of creators acting jointly to license their rights. ” “Many things.” -
MUSIC TECHNOLOGY POLICY | SATURDAY, NOVEMBER 3, 2012 Mellencamp Is Right, Brand-Supported Piracy Screws Songwriters AGAIN: Snakes in the Grass, @McDonalds, Google and Other Species of Vermin Instead of snakes in the kitchen, McDonald’s has let loose vermin on the Internet that are just as threatening to their customers. Let’s take Lyrics 007 as an example. If McDonald’s “restaurants” had snakes and rats running through the kitchen, they would be shut down for health violations. Squat. -
MUSIC TECHNOLOGY POLICY | SUNDAY, OCTOBER 21, 2012 Constitutional Opportunism Continues with IRFA: Copyright Royalty Judges are Properly Appointed One of the more insidious elements in the Internet Radio Fairness Act is the Pandora court packing plan–getting rid of the Copyright Royalty Judges appointed by the Librarian of Congress who set the rates that Pandora doesn’t like. Not to mention bringing the U.S. So it should be no surprise that IRFA is just more of the same. -
MUSIC TECHNOLOGY POLICY | TUESDAY, OCTOBER 16, 2012 An Overlooked Brookings Institute Study on Fighting Piracy at the Corporate Level “[The Internet] is a cruel and shallow money trench. Entitled “ Pirates of the ISPs: Tactics for Turning Online Crooks Into International Pariahs “, the paper is an excellent example of how to use corporate responsibility to cement ground rules in the important fight against online crimes. Thompson. _. Joseph A. -
MUSIC TECHNOLOGY POLICY | MONDAY, OCTOBER 15, 2012 DiMA Supports IRFA Goodies: Court Packing, Union Busting, Mandatory Databases Not surprisingly, the Digital Media Association is supporting the Internet Radio Fairness Act–and my bet is that their support has less to do with radio than the other goodies that are hidden in the bill. In fact, that’s about the only way you can understand the YouTube content management system, for example. -
MUSIC TECHNOLOGY POLICY | MONDAY, OCTOBER 15, 2012 Whose Fingerprints are on IRFA? Is Pandora the Stalking Horse for Someone Else? Confusing, I know–under the compulsory license Pandora pays SoundExchange and SoundExchange pays artists directly, but under the direct license Clear Channel (for example) pays the label directly and not the artist. One reason is that Pandora gets the benefit of the compulsory license–meaning that the U.S. ” -
MUSIC TECHNOLOGY POLICY | THURSDAY, OCTOBER 11, 2012 Trickle Down Innovation Alert: Mr. Pandora the secret union buster Hidden in the deceptively named “Internet Radio Freedom Act” is one of the most insidious anti-union provisions we’ve seen in many years. But what is more insidious than innovation trickling down their legs is what else is in the Internet Radio Freedom Act. You will find the bigger piggies stirring up the dirt. -
BROADCAST LAW BLOG | MONDAY, OCTOBER 1, 2012 Another Music Royalty Deal By Clear Channel and a Record Company - Why Broadcaster Deals With Record Companies May Be a Good Thing While this deal is but one agreement between one broadcaster and one record company, it is an example of a broader trend toward direct music licensing for digital uses. These royalties have caused many to re-evaluate their Internet radio strategies – with some broadcasters abandoning streaming altogehter. Perhaps not. -
MUSIC TECHNOLOGY POLICY | FRIDAY, SEPTEMBER 21, 2012 Mr. Pandora Goes to K Street: It’s all about the lobbying bucks If you take Sirius XM as an example, Mel Karmazin’s recent interview with Jim Kramer on Mad Money tells the tale. So while Pandora may not be “profitable” now, I’m sure that was no more a concern for Pandora’s IPO underwriters than it has ever been for any other Internet company, including Facebook and Zynga. -
MUSIC TECHNOLOGY POLICY | WEDNESDAY, SEPTEMBER 19, 2012 Google gives the DMCA Okie Doke on the Utoopi App ” Meaning, they preserved the essential element of Internet Freedom–getting away with it. On April 6, 2012 the House Judiciary Committee’s Subcommittee on Intellectual Property, Competition and the Internet held a hearing about piracy. Google WASHINGTON, DC - Rep. Background. In April, Reps. Case in point? -
GORDON P. FIREMARK | THURSDAY, SEPTEMBER 13, 2012 Entertainment Law Update Podcast Episode 34 – Publiciity, Politicians, Godfathers and more… Monroe example. Most of the SEC’s exemptions from registration prohibit companies from engaging in a general solicitation or general advertising in connection with securities offerings – that is, advertising in newspapers or on the Internet among other things. Call us with your feedback: (310) 243-6231. and more. Show Notes. link]. - UPDATE ON SOLICITING INVESTORS
Currently, it is unlawful for a filmmaker to send out email blasts to strangers, or advertise on the internet to attract investors. The Jumpstart Our Business Startups Act (the “JOBS Act”) was enacted on April 5, 2012. These rules should be in place by early 2013. This rule will change with the implementation of the JOBS Act. Seminar Info -
MUSIC TECHNOLOGY POLICY | MONDAY, SEPTEMBER 10, 2012 There’s an Android app for that: Google Escort App Brings Human Trafficking to The Smartphone Not to be outdone, Google placed its own ads on Backpages seeking to attract business to their own little corner of the rat’s nest, for example: Google offers the Mack Daddy special. Remember Google’s human trafficking problem? There will be screen shots that are easier to read at 200% so you may want to adjust your browsers.). -
MUSIC TECHNOLOGY POLICY | SUNDAY, SEPTEMBER 2, 2012 Where are the rest of the shills? more relevant example is the political or policy troll, someone who is actually working for the opposing camp who posts comments supporting their undisclosed employer (either anonymously or under an avatar or sock puppet account): Hazelbaker served as the campaign spokeswoman for the 2006 New Jersey Senate campaign of Republican Thomas Kean Jr., -
MEDIA LAW | THURSDAY, AUGUST 30, 2012 Virtual Lawyering Earns Lawyer a Bar Reprimand ” Lawyers such as Stephanie Kimbro and Richard Granat are good examples of lawyers “being on” a computer network. Both have pioneered, each in their own way, innovative and ethical uses of the Internet to deliver legal services. They use the Internet to obfuscate the nature of the services they deliver. -
MEDIA LAW | THURSDAY, AUGUST 30, 2012 Virtual Lawyering Earns Lawyer a Bar Reprimand ” Lawyers such as Stephanie Kimbro and Richard Granat are good examples of lawyers “being on” a computer network. Both have pioneered, each in their own way, innovative and ethical uses of the Internet to deliver legal services. They use the Internet to obfuscate the nature of the services they deliver. -
MUSIC TECHNOLOGY POLICY | MONDAY, AUGUST 27, 2012 Mr. Pandora Goes to K Street: It’s all about the lobbying bucks If you take Sirius XM as an example, Mel Karmazin’s recent interview with Jim Kramer on Mad Money tells the tale. So while Pandora may not be “profitable” now, I’m sure that was no more a concern for Pandora’s IPO underwriters than it has ever been for any other Internet company, including Facebook and Zynga. - DOMESTIC DISTRIBUTION PART I
If, for example, the filmmaker assigns Bermuda to an international distributor, that could prevent their domestic distributor from making a lucrative deal with HBO. In my last article I discussed foreign sales agents and their role in the distribution of independent films. Now let's turn to domestic deals. Eustatius Island, St. -
MUSIC TECHNOLOGY POLICY | SATURDAY, AUGUST 18, 2012 An Interview with Andrew Shaw of PRS for Music on Negotiating with Google, a guest post by Jonathan David Neal The whole principle of Google’s advertising is it’s contextual advertising but they couldn’t actually identify what the content is, so if you tag a video as, for example, “Madonna,” You Tube or a computer has no idea whether that is a pop video or something about the Catholic church. pence per work streamed. -
MUSIC TECHNOLOGY POLICY | SUNDAY, JULY 15, 2012 The Return of Orphan Works Part 2: A Solution in Search of a Problem And that op-ed is a good example of the oppressive regime of registration and formalities that Lessig and Google ( benefactor of many Lessig causes ) wish to impose on artists, especially American artists: Patent holders have to pay a fee every few years to maintain their patents. ” I thought not. The Origins of the Orphan Works Myth. -
MEDIA LAW | WEDNESDAY, JULY 11, 2012 More Trivia: The First Court to Distribute Opinions via the Internet Another question in my Legal Internet Trivia Challenge was, “Which court was the first to make its opinions available in electronic format?” What I meant to ask was, “Which court was the first to make its opinions available in electronic format over the Internet?” Supreme Court. district and bankruptcy courts. -
GORDON P. FIREMARK | THURSDAY, JULY 5, 2012 Entertainment Law Update Podcast 032 – Lawyers, Libel, Logos and Lolipops Internet service providers have to notify customers when a copyright owner identifies a potential infringement. Note: Eriq Gardner on THREsquire blog discusses the implications for Hollywood films, citing Oliver Stone’s “Any Given Sunday” as an example. Call us with your feedback: (310) 243-6231. In the Butt? Show Notes. Veoh case. -
MUSIC TECHNOLOGY POLICY | SUNDAY, JULY 1, 2012 Daddy’s Home for Google Drugs: “Once they know you had the money to spend, they let you advertise” Here’s a couple examples from the AP article: Whitaker credits AdWords with helping the business take off. When living in Mexico, fleeing from my indictment on a multi-million dollar fraud case, I sold pharmaceutical products over the internet. This is a must read, as is his further accounts on his website. -
MUSIC TECHNOLOGY POLICY | SATURDAY, JUNE 30, 2012 Don’t be Moral: Why Does Google Consistently Deflect Questions of Machine Ethics? For example, if Mom tells you that you can’t have any kale chips, the fact that you train your yellow lab Chuck to get them for you doesn’t mean that Mom will let you have them. ” “ Morals and the Machine,” The Economist. Note: don’t start about guns don’t kill people, etc., And profiting from. -
MUSIC TECHNOLOGY POLICY | THURSDAY, JUNE 14, 2012 It’s Their Web: Google’s land grab with the new gTLDs for.music,film,movie,book If you haven’t been following the ICANN whoring…sorry, auctioning…of the new top level domains, you should understand that there is about to be another land grab for the Internet that will result in Big Tech owning even more online real estate than they already do. Meet the new boss, worse than the old boss. MUSIC. MOVIE. -
MUSIC TECHNOLOGY POLICY | MONDAY, MAY 21, 2012 European Commission to Google: Evil is not Relative Vertical search services are specialised search engines which focus on specific topics, such as for example restaurants, news or products. We are worried that this could reduce competitors’ incentives to invest in the creation of original content for the benefit of internet users. Then we can talk about the rest. -
MUSIC TECHNOLOGY POLICY | SUNDAY, MAY 13, 2012 Canard Du Jour: Profit from all, invest in none: Is more profit per unit always better? Let’s take a current example of how this works on the Internet, not just limited to music. Then Internet retailers came along and we were told that the Internet brought a new disruptive retail model—you remember, endless choice created unlimited demand according to the geniuses at Wired Magazine. Of course they did. -
MUSIC TECHNOLOGY POLICY | SATURDAY, APRIL 21, 2012 UPDATE: It’s Getting to be a Habit: Google Stonewalls and Takes the 5th But Google also collected ”payload” data-the content of Internet communications-that was not needed for its location database project. This payload data included e-mail and text messages, passwords, Internet usage history, and other highly sensitive personal information. So why were there redactions in the first place? - CROWDFUNDING FOR FILMMAKERS, RAISE A MILLION DOLLARS OVER THE INTERNET
In the last presidential election, he raised nearly three-quarters of a billion dollars from Internet solicitations, mostly small donations. Most promising for indie filmmakers, the JOBS Act contains provisions that for the first time will allow internet crowdfunding for the production of films. -
MUSIC TECHNOLOGY POLICY | SUNDAY, APRIL 15, 2012 It’s Getting to be a Habit: Google Stonewalls and Takes the 5th But Google also collected ”payload” data-the content of Internet communications-that was not needed for its location database project. This payload data included e-mail and text messages, passwords, Internet usage history, and other highly sensitive personal information. But why should we be left out? And what happens? - Ninth Circuit Ruling Trimming CFAA Claims for Misappropriation Reminds Employers that Technical Network Security is the First Defense
This is the latest example of a “technology statute” being applied to issues that were not even conceived of when the statute was enacted. United States v. Nosal , No. 10-10038, 2012 U.S. LEXIS 7151 (9th Cir. 10, 2012). The Computer Fraud and Abuse Act was enacted in 1984, and at the age of only 28, it’s showing its age. Nosal - Ninth Circuit Ruling Trimming CFAA Claims for Misappropriation Reminds Employers that Technical Network Security is the First Defense
This is the latest example of a “technology statute” being applied to issues that were not even conceived of when the statute was enacted. United States v. Nosal , No. 10-10038, 2012 U.S. LEXIS 7151 (9th Cir. 10, 2012). The Computer Fraud and Abuse Act was enacted in 1984, and at the age of only 28, it’s showing its age. Nosal - Ninth Circuit Ruling Trimming CFAA Claims for Misappropriation Reminds Employers that Technical Network Security is the First Defense
This is the latest example of a “technology statute” being applied to issues that were not even conceived of when the statute was enacted. United States v. Nosal , No. 10-10038 (9th Cir. 10, 2012). The Computer Fraud and Abuse Act was enacted in 1984, and at the age of only 28, it’s showing its age. In United States v. Nosal -
THE DIGITAL LOWDOWN | WEDNESDAY, APRIL 11, 2012 Clouds, Streams, A La Carte: And The Winner Is… It refers to services that allow you to access all of your music from any device wherever you have Internet access (i.e., In most cases, they will learn/upload your offline music catalog and then offer it back to you via an Internet connection. . If you look around, there are plenty of examples of polarized opposites. Music - NEW LAW WILL HELP INDIE FILMMAKERS RAISE FINANCING
The Act has provisions that for the first time will allow internet crowdfunding of small businesses, such as producing indie films. company selling stock on the New York Stock Exchange is an example of a public offering. However, being able to use the internet to attract many small investors could make it much easier to raise funds. -
MUSIC TECHNOLOGY POLICY | MONDAY, APRIL 9, 2012 Canard du Jour: Do you still have your personality after Google makes a copy? And not just a lot of your information but your information presented and available in a way that can’t be crawled, not locked up inside of a post-Web iPhone app for example. Copyright activists who fight property rights on the internet and have never seen a copyright law they like, generally do like their privacy. -
MUSIC TECHNOLOGY POLICY | FRIDAY, MARCH 23, 2012 From MTPM: The Big Picture: Establishing Market Rules Online with the.music gTLD Solving the piracy problem for creators large and small created by Internet users large and small is different. That was the purpose behind Austin’s Artist Authorized movement, for example. That’s what solutions are, after all. E=mc². The frustum of a cone. The fundamental theorem of calculus. governance. -
MUSIC TECHNOLOGY POLICY | THURSDAY, MARCH 22, 2012 Book Review: “Free Ride: How Digital Parasites Are Destroying the Culture Business and How the Culture Business Can Fight Back” by Robert Levine But the rioting in London is really the stuff of the Internet made flesh, a virtual tableau come to life. So this is as good a time as any to mention Robert Levine’s book, Free Ride, currently the subject of the Two Minutes Hate on the Internet. This wouldn’t break the Internet; it would help it live up to its potential.” -
MUSIC TECHNOLOGY POLICY | TUESDAY, MARCH 13, 2012 The YouTube Autonomous Zone in Canada’s Bill C-11 So the concept has been around for a while–putting servers for various illegal items on Sealand is another example–but who ever thought that Canada would become a TAZ? And…would allow the user to publish these UGC works on the Internet. Then maybe they can do to James Bay what they did to the Columbia River.). -
MUSIC TECHNOLOGY POLICY | SATURDAY, MARCH 10, 2012 The MTP Interview: An Inconvenient Truth: Songwriters Guild President Rick Carnes talks about the effect of piracy on American songwriters But Internet analysts, self-appointed futurists as well as self-annointed consumer advocates almost always misunderstand the role of songwriters and the negative effects that rampant piracy has had on them. The first being that the internet has turned into a Cyber-Somalia. As Professor Joseph Nye would say “Lennon trumped Lenin.” -
MUSIC TECHNOLOGY POLICY | SATURDAY, MARCH 3, 2012 The Geist in the Hen House Specifically, in one of his blog/op-eds or repurposed versions of the same (I lose track) he treats us to this fine example of the “ Kow -Tow Syndrome” as he trots out his little list of foxes trying their best to guard the hen house: “As the U.S. [Editor Charlie says: This post originally appeared February 25, 2010.]. -
MUSIC TECHNOLOGY POLICY | THURSDAY, MARCH 1, 2012 Google’s New Snooper Scooper Can Say Goodbye to “One Click Away” This is especially true of people with Gmail accounts who, for example, stay logged into their Gmail accounts all day–that is, while they use the Internet in other ways. Google’s response was that their competition was “one click away” so they just had to compete like everyone else. emphasis mine). Senate. -
MEDIA LAW | WEDNESDAY, FEBRUARY 29, 2012 For Legal Professionals, the Internet Has Come a Long Way, But Still Has a Long Way to Go These were the paragraphs that opened my first legal.online column in March 1995, titled “ The Internet: A Revolution in Law Practice.” When I started writing it, I thought I would do it for a couple years, until we all figured out this new-fangled thing called the Internet. The power of the Internet has not disappointed. -
MUSIC TECHNOLOGY POLICY | TUESDAY, FEBRUARY 14, 2012 What do AdBright, Adsense and PartyGaming All Have in Common? The high traffic volume on the Conspiracy websites allows the Conspiracy to charge advertisers up-front and at a higher rate than would be achieved bythe percentage-per-click methodology used by other popular Internet advertising companies. For example, AdBright and Google are both Sequoia companies. Down to a Sunless Sea. Guess who. -
MUSIC TECHNOLOGY POLICY | MONDAY, FEBRUARY 13, 2012 Book Review: “Free Ride: How Digital Parasites Are Destroying the Culture Business and How the Culture Business Can Fight Back” by Robert Levine But the rioting in London is really the stuff of the Internet made flesh, a virtual tableau come to life. So this is as good a time as any to mention Robert Levine’s book, Free Ride, currently the subject of the Two Minutes Hate on the Internet. This wouldn’t break the Internet; it would help it live up to its potential.” -
MUSIC TECHNOLOGY POLICY | WEDNESDAY, FEBRUARY 1, 2012 Daddy’s Home for Google Drugs: “Once they know you had the money to spend, they let you advertise” Here’s a couple examples from the AP article: Whitaker credits AdWords with helping the business take off. When living in Mexico, fleeing from my indictment on a multi-million dollar fraud case, I sold pharmaceutical products over the internet. This is a must read, as is his further accounts on his website. -
MUSIC TECHNOLOGY POLICY | MONDAY, JANUARY 16, 2012 Smoke on the Water: What’s in a “locker”? A private locker is just that—a place with access usually limited to one person whose identity is known (to the gym, for example) and that person, or that person’s parents, usually have a contract with the gym or wherever the locker is located. As we say around MTP, where there’s fire there’s smoke. This is big, big business. -
MUSIC TECHNOLOGY POLICY | MONDAY, JANUARY 16, 2012 Update: Joshua Johnson’s KQED Forum on Rogue Sites One example: Ryan Haight. Senator Senator Diane Feinstein (D-CA) authored the Ryan Haight Bill which became the Internet Pharmacy Consumer Protection Act–that would be Senator Diane Feinstein of the Senate Judiciary Committee that unanimously passed both COICA and the Protect IP Act. Darryl Issa joining briefly. Califano, Jr. -
MUSIC TECHNOLOGY POLICY | FRIDAY, JANUARY 13, 2012 Paul Vixie Has a “Hollywood” Problem: Richard Bennett and George Ou Provide A Counterargument to the Technocratic Criticism of DNS Filtering of Rogue Sites The network engineer Richard Bennett (who edits High Tech Forum among other things) has a very informative and nontechnical article in the New York Post explaining why the Internet will not be “broken” by rogue sites legislation. Security experts criticized an early version of SOPA, but the amended bill addresses their concerns.) -
MUSIC TECHNOLOGY POLICY | FRIDAY, JANUARY 13, 2012 One Bad Apple: The Complete Checklist on Google’s “Non Anti-Piracy” Anti-Piracy Policies Google’s Public Policy blog initiates their non- mea culpa mea culpa with a statement which I quote in part: “… [A]long with [the] new wave of creators come some bad apples who use the Internet to infringe copyright. ["Some"?] This “24 hours or less” business in the First Non-Mea Culpa Mea Culpa is an example. Ah yes. Ah, yes. -
MUSIC TECHNOLOGY POLICY | THURSDAY, JANUARY 12, 2012 “Mommy, Mommy, Johnny is Breaking the Internet!”: The Poker Prof and his Full House React to the Protect IP Act–Part 2 was both surprised and not to see the phrase “Breaking the Internet’s Infrastructure” show up in the Professor Letter as the title of their second major argument. I’d This video is also the first time I heard the expression “break the Internet.” It’s definitely not a toy. Emphasis mine.). -
MUSIC TECHNOLOGY POLICY | FRIDAY, JANUARY 6, 2012 Heritage Foundation Misses the Market on Rogue Sites What is new about piracy on the Internet is the scale and the participation of publicly held companies that use their vast resources raised in the public financial markets to fight compliance with the law in order to free ride on the work of others that they seek to commoditize. Internet Security”. A Form of Theft ”. -
MUSIC TECHNOLOGY POLICY | TUESDAY, JANUARY 3, 2012 Joshua Johnson’s KQED Forum on Rogue Sites One example: Ryan Haight. Senator Senator Diane Feinstein (D-CA) authored the Ryan Haight Bill which became the Internet Pharmacy Consumer Protection Act–that would be Senator Diane Feinstein of the Senate Judiciary Committee that unanimously passed both COICA and the Protect IP Act. Darryl Issa joining briefly. Califano, Jr. -
MUSIC TECHNOLOGY POLICY | MONDAY, JANUARY 2, 2012 The MTP Interview: An Inconvenient Truth: Songwriters Guild President Rick Carnes talks about the effect of piracy on American songwriters But Internet analysts, self-appointed futurists as well as self-annointed consumer advocates almost always misunderstand the role of songwriters and the negative effects that rampant piracy has had on them. The first being that the internet has turned into a Cyber-Somalia. As Professor Joseph Nye would say “Lennon trumped Lenin.” -
MUSIC TECHNOLOGY POLICY | MONDAY, JANUARY 2, 2012 Paul Vixie Has a “Hollywood” Problem: Richard Bennett and George Ou Provide A counterargument to the technological criticism of DNS filtering on rogue sites The network engineer Richard Bennett (who edits High Tech Forum among other things) has a very informative and nontechnical article in the New York Post explaining why the Internet will not be “broken” by rogue sites legislation. Security experts criticized an early version of SOPA, but the amended bill addresses their concerns.) -
MUSIC TECHNOLOGY POLICY | THURSDAY, DECEMBER 29, 2011 One Bad Apple: The Complete Checklist on Google’s “Non Anti-Piracy” Anti-Piracy Policies Google’s Public Policy blog initiates their non- mea culpa mea culpa with a statement which I quote in part: “… [A]long with [the] new wave of creators come some bad apples who use the Internet to infringe copyright. ["Some"?] This “24 hours or less” business in the First Non-Mea Culpa Mea Culpa is an example. Ah yes. Ah, yes. -
MUSIC TECHNOLOGY POLICY | THURSDAY, DECEMBER 29, 2011 Book Review: “Free Ride: How Digital Parasites Are Destroying the Culture Business and How the Culture Business Can Fight Back” by Robert Levine But the rioting in London is really the stuff of the Internet made flesh, a virtual tableau come to life. So this is as good a time as any to mention Robert Levine’s book, Free Ride, currently the subject of the Two Minutes Hate on the Internet. This wouldn’t break the Internet; it would help it live up to its potential.” -
MUSIC TECHNOLOGY POLICY | THURSDAY, DECEMBER 15, 2011 Wolves in Sheeps Clothing Criminalizing All Who Oppose Them But for He Who Brings the Sunlight: The Troubled, Strange, Fearful, Frightened World of Gary Shapiro, the Diogenese of Anti-Copyright Lobbyists The legislation would make on-line service providers liable in some instances for intellectual property stolen on the Internet. That provision upsets many telephone companies, which provide Internet access, and America Online, the nation’s largest on-line service. And it turns out that I have. 6, 1997. Certainly, absolutely. -
MUSIC TECHNOLOGY POLICY | MONDAY, DECEMBER 12, 2011 Did Mr. La Rue Miss the Elephant in the Room? A Critique of the Report of the Special Rapporteur to the U.N. Human Rights Council (Complete Post) The Special Rapporteur tells us that “[w]hile blocking and filtering measures deny access to certain content on the Internet, States have also taken measures to cut off access to the Internet entirely….[The So artists have to get a court order, but Internet access to thieves cannot be cut off no matter how many times they offend. -
NEW MEDIA AND TECHNOLOGY LAW | THURSDAY, DECEMBER 8, 2011 Who Owns an Employee’s Twitter and Other Online Accounts? In the employment context, employers should consider explicitly nailing down that issue even further in their proprietary rights agreements with employees, as well as their Internet use and similar policies that cover the use of company online accounts on behalf of the employer, with an express provision covering the ownership of such accounts. -
NEW MEDIA AND TECHNOLOGY LAW | THURSDAY, DECEMBER 8, 2011 Who Owns an Employee’s Twitter and Other Online Accounts? In the employment context, employers should consider explicitly nailing down that issue even further in their proprietary rights agreements with employees, as well as their Internet use and similar policies that cover the use of company online accounts on behalf of the employer, with an express provision covering the ownership of such accounts. -
NEW MEDIA AND TECHNOLOGY LAW | THURSDAY, DECEMBER 8, 2011 Who Owns an Employee's Twitter and Other Online Accounts? In the employment context, employers should consider explicitly nailing down that issue even further in their proprietary rights agreements with employees, as well as their Internet use and similar policies that cover the use of company online accounts on behalf of the employer, with an express provision covering the ownership of such accounts. -
MUSIC TECHNOLOGY POLICY | MONDAY, DECEMBER 5, 2011 Rogue Sites Legislation: Enter the Amendments for the 1% (Part 2) Their methods in avoiding indictment for “profiting from advertisements for illegal sales of controlled prescription drugs online” as well as illegal sales of counterfeit drugs is a prime example. If Google is For It, You Know Professional Artists Are Being Robbed. One of Google’s prime tactics in selling advertising is delay. Censorship. -
MUSIC TECHNOLOGY POLICY | SATURDAY, DECEMBER 3, 2011 Rogue Sites Legislation: Enter the Amendments for the 1% (Part 1) It is actually quite simple in scope: Foreign website operators–rogue sites–who sell all manner of illegal goods (including counterfeit drugs) into the United States using the Internet, while the rogue operator is safely outside the jurisdiction of U.S. Rogue Sites—what’s the problem? law enforcement. The rogue site uses U.S. -
MUSIC TECHNOLOGY POLICY | FRIDAY, DECEMBER 2, 2011 A counterargument to the technological criticism of DNS filtering on rogue sites George Ou has written “DNS Filtering is Essential to the Internet,” an excellent piece that responds to the criticism of DNS filtering mounted by opponents of intellectual property rights. George’s post is very readable (especially if you’re interested in rogue sites). Sadly my answer to this is a qualified “yes.” -
MUSIC TECHNOLOGY POLICY | MONDAY, NOVEMBER 28, 2011 Creative Commons Corporation: Because it sure seems to cost a lot of money to give things away for free They want to break the Internet….We don’t have to change the essential character of the Internet to protect this one tiny industry.”. By Chris Castle reposted from August 2010. Hey Jude by John Lennon and Paul McCartney is licensed under a Creative Commons Attribution- NonCommercial - NoDerivs 3.0 Unported License. Lawrence Lessig. -
MUSIC TECHNOLOGY POLICY | SUNDAY, NOVEMBER 27, 2011 United Songwriters Forms in Reaction to Swedish Government ” (Actually, Lessig says that “Hollywood” needs to “get over it” because ” We’re not going to break the Internet for one tiny industry.”). Both have that special brand of twisted logic, or as Lessig would say “ We’re not going to break the Internet for one tiny industry.” -
MUSIC TECHNOLOGY POLICY | SUNDAY, NOVEMBER 20, 2011 “Mommy, Mommy, Johnny is Breaking the Internet!”: The Poker Prof and his Full House React to the Protect IP Act–Part 2 was both surprised and not to see the phrase “Breaking the Internet’s Infrastructure” show up in the Professor Letter as the title of their second major argument. I’d This video is also the first time I heard the expression “break the Internet.” It’s definitely not a toy. Emphasis mine.). -
MUSIC TECHNOLOGY POLICY | SUNDAY, NOVEMBER 20, 2011 The Attack of the Unholy Alliance Creating a new market is difficult–government has largely stayed out of the Internet which is a good thing, assuming the basic legal system provides a reasonably level playing field. During 2010 , we processed DMCA takedown notices for approximately three million items across all of our products. The Unholy Alliance. Responsibility. he said. -
MUSIC TECHNOLOGY POLICY | FRIDAY, NOVEMBER 18, 2011 A counterargument to the technological criticism of DNS filtering on rogue sites George Ou has written “DNS Filtering is Essential to the Internet,” an excellent piece that responds to the criticism of DNS filtering (which is part of the Protect IP Act) mounted by opponents of intellectual property rights. Sadly my answer to this is a qualified “yes.” ” (Emphasis mine.). Google Lobbying -
GORDON P. FIREMARK | WEDNESDAY, NOVEMBER 16, 2011 How To Remove Your Private Information From The Internet For example, I had three different profiles; so make sure you’re thorough. This is a guest post from defamation & anti-SLAPP lawyer Adrianos Facchetti. You may be shocked to learn that much of your private information is online: and I’m not talking about data you voluntarily post on Facebook or Twitter after a party. Whitepages. Spokeo. | |