November, 2019

Do this for your business before the holidays get in the way.

Gordon P. Firemark

Thanksgiving, and the Winter holiday chaos that ensues are just around the corner. Once they arrive, most non-retail businesses can expect things to go into a sort of “standby” mode until after the new year.

Mystery Redaction in Spotify Filing for Eight Mile Style Lawsuit

Music Technology Policy

“We never get accustomed to being less important to other people than they are to us.”. Holly Martins in The Third Man by Graham Greene.

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Trending Sources

Goodman and Whittington on Section 230 of the Communications Decency Act and the Future of Online Speech @ellgood

Media Law Prof Blog

Ellen P. Goodman, Rutgers Law School, and Ryan Whittington, German Marshall Fund of the United States, has published Section 230 of the Communications Decency Act and the Future of Online Speech, a Rutgers Law School Research Paper. Here is the

Vote Now: Help Pick the Startup Alley Finalists for ABA TECHSHOW 2020

Media Law

We need your vote! Help pick the legal technology startups that will be selected for the fourth-annual Startup Alley at ABA TECHSHOW 2020.

Illegal vs. impeachable: What’s the difference?

Communications And Entertainment Law Blog

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DOJ Seeking to End Movie Studio and Theater Antitrust Decrees amidst Streaming Competition – A New Opportunity in Theatrical Distribution?

New Media and Technology Law

For the film and media distribution industries, this year has been action-packed. Production budgets are skyrocketing and new digital services have been announced or are launching with each passing month. The streaming wars are upon us. Moreover, the FCC recently voted to treat streaming services as “effective competition” to traditional cable providers (or MVPDs), thereby triggering basic cable rate de-regulation in parts of Hawaii and Massachusetts.

I have a new podcast for showbiz professionals!

Gordon P. Firemark

A few weeks ago, I quietly began releasing episodes of a new podcast, called More, Better, Faster! Success Strategies for Show Business Professionals.

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Social Media, Traditional Media, and the Naming of the Whistleblower

Media Law Prof Blog

From CNN: Both Facebook and YouTube announced on Friday that they are removing mentions of the whistleblower's name from their platforms, citing concerns that such content could could lead to harm and pointing to their policy prohibiting "outing of witness

The LegalBoard, the Keyboard Made for Lawyers, Goes Wireless

Media Law

“Never in my 14 years of blogging and more than two decades of covering legal technology have I seen the legal world react to a new product as it did this week to the LegalBoard, a keyboard designed for lawyers.”

Opinion | Donald Trump, Meet Your Precursor - The New York Times

Communications And Entertainment Law Blog

"Donald Trump, Meet Your Precursor By Manisha SinhaNov. 29, 2019, 6:00 a.m.

Circuit Court Denies LinkedIn’s Petition for En Banc Review of hiQ Scraping Decision

New Media and Technology Law

Last month, LinkedIn Corp. LinkedIn”) filed a petition for rehearing en banc of the Ninth Circuit’s blockbuster decision in hiQ Labs, Inc. LinkedIn Corp. , 17-16783 (9 th Cir. Sept. 9, 2019). The crucial question before the original panel concerned the scope of Computer Fraud and Abuse Act (CFAA) liability to unwanted web scraping of publicly available social media profile data and whether once hiQ Labs, Inc. (“hiQ”),

Shiver me Timbers

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 www.entertainmentlawupdate.com/115.

The Return of 100% Licensing and the Expansion of the Blanket License

Music Technology Policy

Who can forget the nightmare of the Justice Department’s counterproductive flirtation with 100% licensing the last time the DOJ reviewed the consent decrees. ( We covered the 100% licensing head fake in a podcast and a guide to 100% licensing.).

Wilson on The Digital Ethnography of Law: Studying Online Hate Speech Online and Offline @richardawilson7 @UConnLaw

Media Law Prof Blog

Richard Ashby Wilson, University of Connecticut School of Law, has published The Digital Ethnography of Law: Studying Online Hate Speech Online and Offline at 3 Journal of Legal Anthropology 1 (October 2019). Here is the abstract. The ethnography of social

Law 60

Believe It or Not: This Blog Turns 17 Today

Media Law

It was a much-different world in 2002. A Republican occupied the White House. The New England Patriots won the Super Bowl , led by a quarterback named Tom Brady. At the box office, a Spider-Man movie was a big hit. And the news cycle was taken up with talk of whistleblowers.

Opinion | The Horrible History of Thanksgiving - The New York Times

Communications And Entertainment Law Blog

"The Horrible History of Thanksgiving By Charles M. BlowNov. 27, 2019 When I was a child, Thanksgiving was simple. It was about turkey and dressing, love and laughter, a time for the family to gather around a feast and be thankful for the year that had passed and be hopeful for the year to come.

Why Creators Should Care About Google v. Oracle in the Supreme Court–@artistrights Watch

Music Technology Policy

There’s a case shaping up in the U.S. Supreme Court that I haven’t paid too much attention to–but suddenly realized it’s something we should all care about because it could set precedent for fair use cases for decades to come: Google v. Oracle.

Why Worry About Political Ad Pinocchios With @Jack Dorsey’s Twitter BotNet Apps?

Music Technology Policy

Cancelling political ads that tread on (or even trample…or even incinerate) someone’s truth are all the rage. Having skimmed the cream from political ad revenue, Twitter has announced it is banning political ads to great fanfare–after the cow escaped from the barn.

RIP Jay Rosenthal

Music Technology Policy

When I started MusicTechPolicy in 2006, Jay Rosenthal was one of the first people in Washington policy circles who embraced me. This says much more about him than it does about me. He didn’t need to be particularly courteous to me or even acknowledge I existed.

Save the Date: Alissa McCain to Receive Cindi Lazzari Artist Advocate Award from TESLAW

Music Technology Policy

Alissa McCain will receive the 2019 Cindi Lazzari Artist Advocate Award from the Texas Entertainment and Sports Law Section (TESLAW) of the State Bar of Texas on November 20 at the InterContinental Stephen F. Austin Hotel. Alissa has twenty years of dedicated and groundbreaking artist advocacy work that has had a substantial impact on the lives of thousands of artists across Texas.

Teeni-Harari and Yadin on Regulatory Literacy: Rethinking Television Rating in the New Media Age @Sharon_Yadin

Media Law Prof Blog

Tali Teeni-Harari and Sharon Yadin, both of the Peres Academic Center, are publishing Regulatory Literacy: Rethinking Television Rating in the New Media Age in volume 88 of the University of Missouri-Kansas City Law Review (2019). Here is the abstract. Rating

A Different Kind of Lawyer Directory, Made with Millennials In Mind

Media Law

What do millennials look for when shopping for a lawyer? They want to know if you’ll meet with them in Starbucks. They want to know if you accept payment via Venmo or Bitcoin. They want to know a fun or quirky fact about you.

How Does A Lawyer Get Competent in Tech? I Asked Twitter and Got 100+ Answers

Media Law

When I give presentations on lawyers’ ethical duty to be competent in technology, audience members often come up to me afterwards and ask something to the effect of, “Ok, I get it, but how do I become competent in technology?”

Aswad on Protecting Freedom of Expression @EvelynAswad

Media Law Prof Blog

Evelyn Aswad, University of Oklahoma College of Law, is publishing To Protect Freedom of Expression, Why Not Steal Victory from the Jaws of Defeat? in volume 77 of the Washington & Lee Law Review (2020). Here is the abstract. Global

Sedler on Speech: The Constitution, Impeachment, and the Trump Presidency @_WayneLaw

Media Law Prof Blog

Robert A. Sedler, Wayne State University Law School, has published Speech: The Constitution, Impeachment, and the Trump Presidency. Here is the abstract. Our Eighteenth Century Constitution was supposed to operate without political parties, but today we have a very strong

LawNext Special Report: Avvo Founder Mark Britton at the Clio Cloud Conference

Media Law

In 2018, Mark Britton left Avvo , the often-controversial company he founded in 2006 and led as CEO until he sold it earlier that year to web behemoth Internet Brands.

Reddit Warms Subreddit Forum About Language Used Regarding Whistleblower

Media Law Prof Blog

CNN reports that Reddit has "warned" those who use the Reddit "The Donald" subreddit forum not to harass or try to "out" the whistleblower who filed a formal complaint that has led to the impeachment inquiry currently going on in

Which Legal Research Service Do Law Students Prefer? The Answer May Surprise You

Media Law

If you had to guess which legal research service law students prefer, you’d probably answer Westlaw. After all, back in the early days of legal research, West pioneered the idea of giving law students free access in the hope of creating career-long customers.

Georgia Moves Closer to Adopting Duty of Technology Competence

Media Law

The Board of Governors of the State Bar of Georgia have voted to approve proposed changes to the state’s Rules of Professional Conduct that would adopt the duty of technology competence.

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Marzen on A Constitutional Right to Public Information @floridastate

Media Law Prof Blog

Chad G. Marzen, Florida State University, has published A Constitutional Right to Public Information. Here is the abstract. In the wake of the 2013 United States Supreme Court decision of McBurney v. Young (569 U.S. 221), this Article calls for

CBS Asks Federal Judge To Dismiss Fairfax Defamation Suit

Media Law Prof Blog

CBS is asking a federal district court to dismiss Virginia Lieutenant Governor Justin Fairfax's defamation suit against the network, saying that Mr. Fairfax's claim that an in-house attorney who knew both Mr. Fairfax and one of the women who accused

@cloudflare CEO Calls for a Decider–When That Decider Is Cloudflare Employees

Music Technology Policy

Diogenes searched the world for an honest man, and Cloudflare is searching the world for a decider in chief to tell them what to do.

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Nearly Half of Solos Have No Website; Two-Thirds of Firms Not on Twitter; 30% Have Blogs

Media Law

Can a law firm be successful in 2019 without a website? I wondered this as I reviewed the findings of the 2019 Legal Technology Survey Report produced by the American Bar Association’s Legal Technology Resource Center. According to the survey, 43% of solos do not have websites.

Australian Startup Lawpath Raises $4.4M to Grow Its Online Legal Platform

Media Law

Australian legal startup Lawpath has closed a $4.4 million fundraising round, which it said was one of the largest capital raises for legal tech in Australian history. The investment will be used to strengthen its products and services in Australia and to expand into Asia.

LawNext Special Report: Doxly Founder Haley Altman at the Clio Cloud Conference

Media Law

After 10 years as a lawyer at two leading transactional law firms, Haley Altman decided there should be a better way to structure the workflow around the many deals in which she was involved.

Should the Copyright Office’s Best Practices Shine Sunlight on the Unmatched?

Music Technology Policy

[This post first appeared in the MusicTechPolicy Monthly newsletter. Become an email follower of this blog to get your copy.]. The Music Modernization Act is a litigation magnet because of its failure to mandate a wholistic solution to the controversial black box. There are two commercially available systems that can address the problem.

LawNext Special Report – Alt Legal CEO Nehal Madhani Live at #ClioCloud9

Media Law

In one of a series of special reports for my LawNext podcast, recorded live at the recent Clio Cloud Conference , I am joined by Nehal Madhani , an attorney and the founder and CEO of the cloud-based IP filing software Alt Legal. We talk about the founding and growth of his company, his recent acquisition of MarkTend , and his planning for Alt Legal Connect , his company’s first-ever trademark law conference.