July, 2020

Generic.coms, Lady A and more…

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/123. GENERIC.COM TRADEMARKS GRANTED LADY ANTEBELLUM VS. LADY A.

Why Is TikTok Getting Banned? China’s National Intelligence Law

Music Technology Policy

There’s an easy answer to why TikTok has been banned in so many places and may well yet get banned in the US: China’s “ National Intelligence Law. ” China’s National Intelligence Law was enacted on June 27, 2017 and came into effect in July 2017.

China 98

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Trending Sources

LexisNexis Launches An All-New Premium Legal Research Service

Media Law

LexisNexis is today announcing the launch of a premium legal research service, Lexis+ , that it says takes a bold approach to providing legal research, AI-driven analytics and practical guidance within a unified and fully integrated platform.

James Earl Jones Reads Frederick Douglass

Communications And Entertainment Law Blog

70

Michael Cohen Sent Back To Prison Over Refusal To Agree Not To Speak To Press Without Approval

Media Law Prof Blog

The New York Times reports that federal law enforcement returned Michael Cohen to prison after he refused to agree not to publish a book or to speak to the press without prior approval from the Bureau of Prisons while serving

Commerce Dept. Petitions FCC to Issue Rules Clarifying CDA Section 230

New Media and Technology Law

The currents around the Communications Decency Act just got a little more turbulent as the White House and executive branch try to reel in the big fish of CDA reform. On July 27, 2020, the Commerce Department submitted a petition requesting the FCC initiate a rulemaking to clarify the provisions of Section 230 of the Communications Decency Act (CDA).

ISP 40

The Royal Scam: Content ID and Google’s Massive Profits From Piracy and Crime

Music Technology Policy

Google and YouTube have managed to create a scam that has gone largely undetected and largely unpunished for a decade–illicit activity that is both seen through the sale of advertising and unseen through data scraping in the background. It is rare for Google to get caught like they were with the massive multi-agency sting operation and grand jury investigation by the then-U.S. Attorney for Rhode Island that led to the $500,000,000 punishment and non prosecution agreement in 2011.

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Follow the Money: YouTube’s Failure to Pay Retroactively Gives “Conversion Rate” a Whole New Meaning

Music Technology Policy

One of the metrics one hears from the digerati is the term “conversion rate” which usually means the rate at which users of an ad-supported free service are “converted” to paying users, usually because they are so fed up with the advertising they are willing to pay.

Stop Senator @RonWyden and Big Tech from Crushing Creators’ Hopes for S. 1273 the CASE Act

Music Technology Policy

Senator Ron Wyden (D-OR) is up to his old secret trickery, this time on Senate Bill 1273 the CASE Act. We need to do something about it. The CASE Act is the bipartisan copyright small claims legislation that is inches from becoming the law of the land. The CASE Act establishes the first and only meaningful relief against Big Tech for independent creators. The long-time Senator and swamp meister is the only Senator to oppose S. 1273 which comes as no surprise.

Congress Should Investigate The Monopoly Power of Weaponized Fair Use

Music Technology Policy

The U.S. Congress has finally gotten around to examining the monopoly power of Google, Facebook, Amazon and Apple. We will no doubt hear many stories of how these companies promote or restrict competition, exploit slave labor in China, run sweatshops in the U.S. and of course control the media message for political candidates.

2016 Guest Post by @schneidermaria: Content ID is Still Just Piracy in Disguise: An Open Letter to Rightsholders and a Music Industry Ready to Renegotiate with a Monster

Music Technology Policy

[I’m very happy to report that Maria Schneider is leading a class action against YouTube filed July 2. If they’d just listened to her in this 2016 post on MTP. Maybe next time.

Pandemic: NIVA and NITO Join Forces with Senators Cornyn and Klobuchar for the Save Our Stages Act

Music Technology Policy

In their first at bat in Washington, the National Independent Venue Association (NIVA) and the National Independent Talent Organization (NITO) have hit a home run. Way to go, sluggers! The two newly-created organizations have gotten two senior Senators to come together to co-sponsor the Save Our Stages Act. Senator John Cornyn (R-TX) and Senator Amy Klobuchar (D-MN)—two of the good guys–will be introducing the bill to help to protect the live music venues we know are about to be extinct.

Report Out Today On ‘Zoom Courts’ Raises Privacy and Due Process Concerns

Media Law

As the coronavirus crisis closed off physical access to courthouses across the country, many federal and state courts pivoted to conducting their business remotely, including conducting hearings and even trials via videoconferencing and teleconferencing. But a report out today by a legal organization that opposes abuse of surveillance technology raises a number of concerns over the potential threats of virtual courts to the privacy and due process rights of litigants and defendants.

Managed Services Veteran Ed Sohn Leaves EY Law To Join Axiom Spin-Off Factor

Media Law

Ed Sohn , a veteran managed services executive who last year joined EY Law when it acquired Pangea3 from Thomson Reuters, has now joined Factor , the managed services company that spun off last year from legal services company Axiom , where he will serve as its head of solutions. After starting out as an attorney with King & Spalding in Atlanta, Sohn spent seven years as an executive with Pangea3 , the company that pioneered legal managed services and that Thomson Reuters acquired in 2010.

New ABA Report on the Profession Profiles Nation’s ‘Legal Deserts’ with Few or No Lawyers

Media Law

Even though the United States has more than 1.3 million lawyers, large swaths of the country have few or no lawyers. In fact, of the country’s 3,100 counties, 54 have not a single lawyer, and another 182 have just one or two lawyers. This portrait of the nation’s “legal deserts” is part of the 2020 Profile of the Legal Profession being released today by the American Bar Association, a 150-page compilation of statistics and trends pertaining to the legal profession.

Tomorrow Our Blogging Series Continues with Jim Walker of Cruise Law News

Media Law

Last week Carolyn Elefant joined me as we kicked off a new series on behalf of LexBlog of live conversations with leading legal bloggers. Tomorrow the series continues with a live interview with Jim Walker, publisher of Cruise Law News , a maritime-law blog where the motto is, “Everything the cruise lines don’t want you to know.”

In Poll, Legal Administrators Say Pandemic Changes Are Permanent

Media Law

“You can’t go home again,” novelist Thomas Wolfe famously wrote, and a recent poll of legal administrators suggests that is undeniably true for law firms in the era of COVID-19. Of the legal administrators who responded to the poll, 91% believe the changes in working practices brought about by the pandemic, including more remote working, are permanent.

Another State Moves Closer to Mandating Tech CLE, But Limited to Cybersecurity

Media Law

A third state could soon join the two that require technology training as part of a lawyer’s obligation to undergo continuing legal education. Two states currently require mandatory tech CLE. In 2016, Florida became the first state to do so, when it adopted a rule requiring lawyers to complete three hours of CLE every three years “in approved technology programs.”.

Mass. Online Bar Exam Results Will Be ‘Portable’ To Other States

Media Law

Aspiring lawyers who take the online Massachusetts bar exam in October will be able to use the results to seek admission in at least seven other jurisdictions. The Board of Bar Examiners, the entity that oversees the bar exam, said today that it has entered into reciprocity agreements with seven jurisdictions for portability of scores achieved on the Massachusetts exam.

New Legal Innovators Initiative Targets the Challenge for Firms of Supporting Diverse Staffing During Pandemic

Media Law

Among the lessons for law firms that came out of the recession of 2008 was that diversity and inclusion initiatives suffer during an economic downturn, says Bryan Parker , chief executive officer of alternative legal services provider Legal Innovators. It took a decade before the numbers of Black and LatinX attorneys at large law firms returned to pre-recession levels, Parker told me.

ABA TECHSHOW Reboots As Virtual Conference

Media Law

For more than three decades, an annual pilgrimage to Chicago in late winter or early spring has been de rigueur for aficionados of legal technology to attend the American Bar Association’s TECHSHOW , one of the oldest and most-venerable conferences focused on technology in law practice.

New for the Friday Journalists’ Roundtable: Register Once and Attend Every Week

Media Law

Our Legaltech Week Friday roundtable of legaltech journalists is back again this week, and now it is easier to attend. I’ve revised the registration page so that when you sign up to attend, you will be registered for each successive week’s roundtable. You’ll also receive an attendance reminder a day before an an hour before the event. We convene every Friday at 3 p.m.

Thomson Reuters Quietly Unveils Premium Legal News Service, But Is More To Come?

Media Law

Thomson Reuters yesterday introduced Westlaw Today , a premium legal news service driven by its Reuters news division and available only to subscribers of Westlaw and Westlaw Edge for an additional cost. But TR introduced the service quietly, without the press releases and marketing campaigns typical of a new TR product, and TR officials remained tight lipped about rumors that the company is planning an even larger news service on a par with Law360 from LexisNexis.

The MAGA Church

Communications And Entertainment Law Blog

52

Legal Tech Companies Offer Free Products In Civil Rights Cases

Media Law

Two legal technology companies said this week that they are offering free access to their products to attorneys involved in civil rights matters. Legal research company Casetext is offering free access to its Compose brief automation for Title VII motions through the remainder of the summer.

The Week’s Top Legaltech Stories? Find Out Today At 3 ET At Our Journalists’ Roundtable

Media Law

We are back again today at 3 p.m. Eastern time with our roundtable of legaltech journalists discussing their takes on the week’s top news stories. It is free to attend the Zoom webinar, but you must preregister.

An Interview With Dr. Anthony Fauci | FiveThirtyEight

Communications And Entertainment Law Blog

52

Facebook boycott leaders slam Zuckerberg after meeting

Communications And Entertainment Law Blog

Does "all lives matter" really mean "White lives matter?"

Communications And Entertainment Law Blog

52

Copaganda - How Cop Shows Lie to You | The Daily Social Distancing Show

Communications And Entertainment Law Blog

52

Former Gartner Executive Named CEO of ALSP Axiom

Media Law

David McVeigh , the former executive vice president for global business sales at industry reseearch and advisory firm Gartner, has been named chief executive officer of Axiom , an alternative legal services provider that specializes in high-caliber, on-demand legal talent.

Whispers

Communications And Entertainment Law Blog

52

New Global Legal Tech Report Charts State of Legal Tech Across Asia-Pacific Region

Media Law

In April I reported on the release by the Global Legal Tech Report of its report on Australia, the first in a planned series of regional reports on legal tech worldwide, which will culminate in a global report in November. Now, the GLTR has released reports covering Asia and New Zealand. When considered alongside the Australia report, they provide an overview of the state of legal tech across the Asia-Pacific region.

ICYMI: My Litera TV Interview with Legal Technologist and Innovator Dennis Kennedy

Media Law

Joining me last week for my Law Insights show on Litera TV was Dennis Kennedy , legal tech and innovation advisor, adjunct law professor, infotech lawyer, professional speaker, author, and podcaster. We covered a lot of ground over the course of our 30-minute conversation.

Opinion | I’m a Direct Descendant of Thomas Jefferson. Take Down His Memorial. - The New York Times

Communications And Entertainment Law Blog

" Monticello is shrine enough for a man who wrote that “all men are created equal” and yet never did much to make those words come true. Mr. Truscott is a journalist.

The Fullest Look Yet at the Racial Inequity of Coronavirus - The New York Times

Communications And Entertainment Law Blog

Coronavirus cases per 10,000 people White 23 All 38 Black 62 Latino 73 " By Richard A. Oppel Jr. Robert Gebeloff , K.K. Rebecca Lai , Will Wright and Mitch Smith July 5, 2020 Teresa and Marvin Bradley can’t say for sure how they got the coronavirus. Maybe Ms.

239 Experts With One Big Claim: The Coronavirus Is Airborne - The New York Times

Communications And Entertainment Law Blog

"The W.H.O. has resisted mounting evidence that viral particles floating indoors are infectious, some scientists say. The agency maintains the research is still inconclusive. By Apoorva MandavilliUpdated July 5, 2020, 4:45 p.m. ET Patrons at the Ocean Casino in Atlantic City, N.J., on July 3.