September, 2019

It’s Criminal, I Tell Ya!

Gordon P. Firemark

The Latest episode of my Entertainment Law podcast, Entertainment Law Update, is now available for your enjoyment. Listen here, or subscribe and download in your favorite podcast listening app. Show notes are located at Yamashita v. Scholastic Inc., 17-1957 (2d Cir.

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YouTube’s Animal Abuse Videos

Music Technology Policy

If you’ve been following Rep. Ted Deutch’s “Preventing Animal Cruelty and Torture” bill co-sponsored with Rep. Vern Buchanan, it may come as a surprise that there is actually such a thing as “animal crush” videos.

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Trending Sources

Mills and Harclerode on Privacy, Mass Intrusion and the Modern Data Breach @UFLaw

Media Law Prof Blog

Jon L. Mills and Kelsey Harclerode, both of the University of Florida College of Law, have published Privacy, Mass Intrusion and the Modern Data Breach at 69 Fla. 771 (2018). Here is the abstract. Massive data breaches have

Jones Day Uses Lawyerspeak to Try to Explain Away Botched Redaction. I Translate for You

Media Law

Well, it’s happened again. A major law firm has exposed secret information because it did not properly redact a court filing. It is the oldest screw-up in the technology book, yet it happens with surprising frequency and by lawyers who you might think should know better.

Rudy Giuliani subpoenaed for Ukraine documents

Communications And Entertainment Law Blog


hiQ v. LinkedIn Redux? Ninth Circuit Decision Tested in New Case

New Media and Technology Law

The ink is barely dry on the landmark Ninth Circuit hiQ Labs decision. Yet, a new dispute has already cropped up testing the bounds of the CFAA and the ability of a platform to enforce terms restricting unauthorized scraping of social media content. See Stackla, Inc. Facebook, Inc. , 19-5849 (N.D. filed Sept. 19, 2019)). This dispute involves Facebook and a social media sentiment tracking company, Stackla, Inc., which, as part of its business, accesses Facebook and Instagram content.

We are Not Blind to the Harsh Economic Realities of Streaming: An Interview with an Indie Publisher

Music Technology Policy

[Following is an interview with a reader who is an independent publisher about how they view the future for songwriters and independent publishers in the streaming upside down world to the right of the decimal place. The publisher requested to remain anonymous.]. Chris Castle/MTP : I want to ask you about challenges in the streaming reality for an independent publisher.

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Silbey and Hartzog on the Upside of Deep Fakes @JSilbey @hartzog

Media Law Prof Blog

Jessica M. Silbey and Woodrow Hartzog, both of Northeastern University School of Law, have published The Upside of Deep Fakes at 78 Maryland Law Review 960 (2019). Here is the abstract. It’s bad. We know. The dawn of “deep fakes

Ninth Circuit: Montana Statute Prohibiting Political Robocalls Violates First Amendment

Media Law Prof Blog

In Victory Processing v. Fox, the 9th Circuit has ruled that a Montana statute prohibiting political robocalls runs afoul of the First Amendment, holding while the government may regulate the time, place, and manner of such calls, it may not

Voss on Obstacles to Transatlantic Harmonization of Data Privacy Law in Context @wgvoss

Media Law Prof Blog

Gregory Voss, Toulouse Business School, is publishing Obstacles to Transatlantic Harmonization of Data Privacy Law in Context in volume 2019 of the Journal of Law, Technology and Policy. Here is the abstract. Globalization seems to call for the harmonization

Lunney on A Natural Right To Copy

Media Law Prof Blog

Glynn S. Lunney, Jr., Texas A&M University School of Law, has published A Natural Right to Copy. Here is the abstract. In this symposium, we gather to celebrate the work of Wendy Gordon. In this essay, I revisit her article

University of Georgia School of Law Seeks Full-Time Director for New First Amendment Clinic @UGASchool of Law

Media Law Prof Blog

The University of Georgia School of Law is accepting applications for a full-time director for its new First Amendment Clinic. The position will begin in January 2020. Information about the posting is available here: [link

The Coming Crisis: #SayNoToZoe on CASE Act Threats

Music Technology Policy

The new copyright small claims court legislation (The CASE Act) passed the House Judiciary Committee, but not without thuggery from Rep. Zoe Lofgren and the Internet Association.


@jameshanley5: ‘It’s a better way’: Deezer unveils User Centric Payment System ambitions #irespectmusic

Music Technology Policy

[Deezer is getting out ahead of the growing backlash against streaming service royalties with a blog post on the company’s site entitled “Deezer wants artists to be paid fairly.”

Fourth Cohort of Startups Named for LexisNexis Legal Tech Accelerator

Media Law

Nine startups — ranging from a case management platform for pro se litigants to an application designed to automate the estate-settlement process — have been selected to participate in the fourth year of the LexisNexis Legal Tech Accelerator program.

Announcing the LexBlog Excellence Awards for Writing on Legal Blogs

Media Law

I am thrilled to announce a new awards competition for legal blogs — not because the world needs another contest, but because this one aims to do something different, to celebrate excellence in blog writing and spotlight the authors who make legal blogging so vital and essential.

LawNext Special Report: Clio CEO Jack Newton on His Company’s $250 Million Investment

Media Law

Yesterday, the cloud practice management company Clio announced $250 million funding round — one of the largest ever for a legal technology company. Shortly after making the announcement during an event in Clio’s Burnaby, B.C.,

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Major #Legaltech News As Clio Gets $250M Investment; Adds Avvo Founder Mark Britton to Board

Media Law

Cloud law practice management company Clio is today announcing a $250 million Series D funding — one of the largest investments ever for a legal technology company and the largest ever for a Canadian company.

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Amid Budget Cuts and Tech Changes, ABA Journal Head Resigns

Media Law

After three years as editor and publisher of the ABA Journal and 18 years as a member of the editorial staff, Molly McDonough is leaving the magazine after the next issue is put to bed on Oct.

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Fastcase Acquires NextChapter, the Cloud-Based Bankruptcy Platform

Media Law

It is quite literally the next chapter for the cloud-based bankruptcy platform NextChapter , as legal research company Fastcase today announces that it has acquired the Columbus, Ohio, company.

Suffolk Legal Writing Students Will Get Free Licenses to WordRake Editing Software

Media Law

Students in the first-year legal writing program at Suffolk University Law School this year will get free licenses to WordRake , a legal editing and proofreading add-in for Microsoft Word and Outlook designed for lawyers and other legal professionals.

Cetina Presuel and Martinez Sierra on Social Media Platforms as News Publishers and Distributors @RodrigoCetina

Media Law Prof Blog

Rodrigo Cetina Presuel and J. Martinez Sierra have published Algorithms and the News: Social Media Platforms as News Publishers and Distributors at 18 Revista De Comunicación 261-285 (2019). Here is the abstract. With billons of users, social media platforms (e.g.

Norton on The Government's Speech and the Constitution

Media Law Prof Blog

Helen L. Norton, University of Colorado Law School, has published Introduction (Excerpt), The Government's Speech and the Constitution, from The Government's Speech and the Constitution (Cambridge University Press, 2019). Here is the abstract. When we discuss constitutional law, we usually

Justice Department Sues Edward Snowden Over His Failure To Submit Manuscript of New Book for Pre-Publication Review

Media Law Prof Blog

The U.S. Department of Justice is suing Edward Snowden, claiming that the publication violates the non-disclosure agreement he signed as an employee of a company that contracted with the NSA and was also an employee with the CIA. Under these

FCC Establishes First Two Innovation Zones

Media Law Prof Blog

From an FCC press release: FCC ESTABLISHES FIRST TWO INNOVATION ZONES New York City & Salt Lake City Projects Empower Advanced Wireless Technology and 5G-Ready Network Experimentation -- WASHINGTON, September 16, 2019—The Federal Communications Commission today announced the creation of

Sandeen and Mylly on Trade Secrets and the Right to Information @SharonSandeen @UniTurku

Media Law Prof Blog

Sharon K. Sandeen, Mitchell Hamline School of Law, Hanken School of Economics, and Ulla-Maija Mylly, University of Turku, Faculty of Law, are publishing Trade Secrets and the Right to Information: A Comparative Analysis of EU and US Approaches to Freedom

Someone Sends the EFF a Takedown Notice Regarding Its Own Graphic

Media Law Prof Blog

The EFF responds to an amusing copyright takedown request. Patiently

All Gave Some But Some Gave All

Music Technology Policy

Everyone remembers where they were on 9/11. FDNY Firefighter Gary Box was in the Brooklyn Battery Tunnel with his brothers from Squad 1 in Park Slope. They were stuck in traffic. They got off their truck and started humping it to the WTC. He was never found.

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Patrick File, How Journalists Make the Meaning of the 1st Amendment @JHistoryJournal @PatrickCFile

Media Law Prof Blog

From the site Journalism History, an essay by Patrick File, University of Nevada, Reno, How Journalists Make the Meaning of the First Amendment

Townley and Lubin on The International Law of Rabble-Rousing @AsafLubin @Yale @yaleisp

Media Law Prof Blog

Hendrick Townley, Yale University, and Asaf Lubin, Yale University, Berkman Klein Center for Internet & Society, are publishing The International Law of Rabble-Rousing in volume 45 of the Yale Journal of International law Online. Here is the abstract. Within the

Perel and Elkin-Koren on Separation of Functions for AI: Restraining Speech Regulation By Online Platforms

Media Law Prof Blog

Maayan Perel (Filmar), Netanya Academic College and Niya Elkin-Koren, University of Haifa Faculty of Law, have published Separation of Functions for AI: Restraining Speech Regulation By Online Platforms. Here is the abstract. The Free Speech Clause of the First Amendment

A 37th State Adopts the Ethical Duty of Technology Competence

Media Law

Michigan today become the 37th state to adopt the ethical duty of technology competence for lawyers. The Michigan Supreme Court issued an order adopting a variation of Model Rule 1.1, Comment 8, of the American Bar Association’s Model Rules of Professional Conduct.

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RIP Alli Gerkman, Who Dedicated Herself to Improving the Legal System

Media Law

When Toni Morrison died last month, Alli Gerkman posted this Morrison quote on her Facebook page: “We die. That may be the meaning of life. But we do language. That may be the measure of our lives.”

LawNext Episode 53: Longtime Orrick Chair Ralph Baxter on Innovating Law Practice

Media Law

Ralph Baxter spent nearly a quarter century as chairman and CEO of Orrick Herrington & Sutcliffe, leading its growth from a regional San Francisco law firm specializing in municipal finance to one of the world’s largest firms with offices worldwide and a diverse array of practices.

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Startup Alley at ABA TECHSHOW 2020: The Schedule for Entering

Media Law

This year’s ABA TECHSHOW will again feature the Startup Alley — the fourth year of what has become a signature TECHSHOW event.

Alexander on the Legacy of Schenck and Abrams in Free Speech Jurisprudence

Media Law Prof Blog

Larry Alexander, University of San Diego School of Law, is publishing Inciting, Requesting, Provoking, or Persuading Others to Commit Crimes: The Legacy of Schenck and Abrams in Free Speech Jurisprudence in the SMU Law Review. Here is the abstract.

Kahn on Mask Bans as Expressions of Memory Politics in the United States

Media Law Prof Blog

Robert Kahn, University of St. Thomas School of Law (Minnesota), has published Mask Bans As Expressions of Memory Politics in the United States. Here is the abstract. Mask laws have a lengthy history in the United States, one primarily, but

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