October, 2019

A Sad State of Affairs: Senator Wyden’s Secret Hold on CASE Act Comes to Light

Music Technology Policy

Karl Herchenroeder reports in Communications Daily that Oregon Senator Ron Wyden has placed a “hold” on the CASE Act (the legislation creating a copyright small claims court), which essentially stops it from moving forward. We had heard this hold was in place long ago, and Rep.

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SMU Law Review's Free Speech Symposium: The 100th Anniversary of Schenck and Abrams @SMULawReview @SMULawSchool

Media Law Prof Blog

The Southern Methodist University Law Review has published scholarship from its recent Free Speech Symposium in its current issue. Read the articles online here. A great line-up of authors! Lackland H. Bloom, Jr., The Lessons of 1919 Dale Carpenter, Born

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Trending Sources

Ransomware Attack Reportedly Hits Practice Management Company, Locking Lawyers Out of their Case Files

Media Law

The case management software company TrialWorks was reportedly hit by a ransomware attack, shutting down its platform for at least four days and locking some lawyers out of their case files. According to the TechBento blog, the attack started last Sunday and lasted at least through yesterday.

Joe: Why Is GOP Trying To Track Down Whistleblower Identity? | Morning J.

Communications And Entertainment Law Blog

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Warrantless Retrieval of Electronic Automobile Data Held to Be Unreasonable Search – Ruling Points to Private Nature of Digital Data Collected in Today’s World

New Media and Technology Law

The Georgia Supreme Court ruled that the retrieval of electronic automobile data from an electronic data recording device (e.g., airbag control modules) without a warrant at the scene of a fatal collision was a search and seizure that implicates the Fourth Amendment, regardless of any reasonable expectations of privacy. Mobley v. State , No. S18G1546 (Ga. 21, 2019)).

Oldies and Goodies

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/113. California Governor signs two controversial bills affecting entertainment and sports BILLIONS LAWSUIT BEATEN BY SHOWTIME ORAL ARGUMENTS HELD in LED ZEPPELIN STAIRWAY TO HEAVEN CASE PARKER V.

20 Questions Sidebar: “Frozen Mechanicals” and The Importance of Advocacy

Music Technology Policy

There is a certain Truman Show aspect to songwriter royalties–the government sets the royalty rates, not arms length negotiation.

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In Move to Enhance Access to Justice, Oregon Bar OKs Licensed Paralegals and Bar Admission without Law School

Media Law

ScreenTimes: Harriet

Communications And Entertainment Law Blog

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LinkedIn Petitions Circuit Court for En Banc Review of hiQ Scraping Decision

New Media and Technology Law

On October 11, 2019, 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”),

@artistrights: As Predicted, Google Refuses to Comply with EU Copyright Directive #ThisIsWhatMonopolyLooksLike

Music Technology Policy

Journalist enemy #1. The first time I met with the French Minister of Culture, we met at their offices at the historic Palais-Royal complex which is also home to the Comédie-Française, the oldest active theater group in the world (founded in 1630). The French take their culture very seriously.

Guest Post by @cagoldberglaw:  Scared as Hell: Section 230 Denies Access to Justice, Not Free Speech Protection

Music Technology Policy

By Carrie A. Goldberg. [We We are honored to be able to post this article by one of the great lawyers of our time, Carrie Goldberg author of the new book Nobody’s Victim: Fighting Psychos, Stalkers, Pervs, and Trolls and victim rights lawyer extraordinaire.

UK Official Investigating PledgeMusic Directors, Asks the Public for Information

Music Technology Policy

Don’t believe the headlines–just because there’s no money for artists from the PledgeMusic bankruptcy does not mean that the story is over. It just means that justice is going to take longer.

Arizona Task Force Calls for Wide-Ranging Practice Reforms, Including Eliminating Ban on Nonlawyer Ownership

Media Law

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IP Docketing Company Alt Legal Makes An Acquisition and Announces Its First User Conference

Media Law

Alt Legal , the cloud-based, intellectual-property docketing software company, has acquired MarkTend , a trademark docketing and monitoring software, for an undisclosed price.

University of Illinois Claims NPR Reporters Are U Employees For Purposes of Title IX Reporting; ProPublica Rejects Claim

Media Law Prof Blog

ProPublica has responded to a claim from the University of Illinois (Springfield) that NPR Illinois reporters who also report for ProPublica are considered mandatory reporters under a relevant Illinois statute and must turn over information they uncover during sexual harassment

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Day on Monopolizing Free Speech

Media Law Prof Blog

Gregory Day, University of Georgia, C. Herman and Mary Virginia Terry College of Business, is publishing Monopolizing Free Speech in the Fordham Law Review. Here is the abstract. The First Amendment prevents the government from suppressing speech, though individuals can

Strasser on Pickering, Garcetti, and Academic Freedom @CapitalLaw

Media Law Prof Blog

Mark Strasser, Capital University Law School, has published Pickering, Garcetti, and Academic Freedom at 83 Brooklyn Law Review 579 (2018). Here is the abstract. While the United States Supreme Court long ago recognized that individuals do not lose their free

After Sale of His Company, Catalyst Founder Forms Foundation to Promote Open Source Software in Law

Media Law

Transparent Platinum: NetDocuments Conference Marks 20 Years of Leading Cloud Adoption in Legal

Media Law

[Editor’s note: The cloud document management company NetDocuments held its second-annual Elevate conference Oct. 6-8 in Salt Lake City. I was not able to attend, but e-discovery consultant Brett Burney was there and files this report.

20 Questions for New Artists: Performing Rights Organization Affiliations

Music Technology Policy

There is a bit of strategy involved with affiliating with a performing rights organization in the United States. All the societies have a creative staff. The decision to affiliate with a particular society should be made after the artist/writer has taken some meetings with the performing rights society and decided if there’s more love coming from one than another.

Je me souviens…

Music Technology Policy

Uncategorized Charlie Hebdo ISIS

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Kendrick on The Book Has Two Faces: Trevor Ross's Writing in Public @lckendrick @uvalaw

Media Law Prof Blog

Leslie Kendrick, University of Virginia School of Law, is publishing The Book Has Two Faces: Trevor Ross's Writing in Public: Literature and the Liberty of the Press in Eighteenth Century Britain in Critical Analysis of Law: An International & Interdisciplinary

Elau on the Laws Impacting on Freedom of Expression in Uganda, 2019 @elauemm

Media Law Prof Blog

Emmanuel Elau, Uganda Christian University Faculty of Law, has published The Laws Impacting on Freedom of Expression in Uganda, 2019. Here is the abstract. Freedom of expression in Uganda is a fairly contentious area. The Constitution of Uganda, 1995 provides

Westling on Whether Deep Fakes Are a Shallow Concern @jeffreywestling

Media Law Prof Blog

Jeffrey Westling, R Street Institute, has published Are Deep Fakes a Shallow Concern? A Critical Analysis of the Likely Societal Reaction to Deep Fakes. Here is the abstract. Deep fakes, a class of AI generated audio-visual materials designed to appear

USPS Issues Stamp In Honor of Gwen Ifill

Media Law Prof Blog

Via Judy Woodruff and Kevin Madden, the United States Postal Service announces that it is issuing a new Forever Stamp honoring the late journalist Gwen Ifill. More here from the USPS website

Schragger on Unconstitutional Government Speech @UVALaw

Media Law Prof Blog

Richard Schragger, University of Virginia School of Law, has published Unconstitutional Government Speech as Virginia Public Law and Legal Theory Research Paper No. 2019-56. Here is the abstract.

Kendrick on Miami Herald v. Tornillo: Freedom of Speech for Whom? @lckendrick @UVALaw

Media Law Prof Blog

Leslie Kendrick, University of Virginia School of Law, is pubblishing Miami Herald V. Tornillo: Freedom of Speech for Whom? in Painting Constitutional Law (forthcoming). Here is the abstract. This piece is part of a forthcoming volume entitled Painting Constitutional Law

Loophole Competition: Is Google’s News’ Richard Gingras the Counterpart of YouTube’s Lyor Cohen? via ArtistRightsWatch

Music Technology Policy

LawNext Episode 55: Utah’s Bold Experiment to Reimagine Legal Services

Media Law

In August, a Utah task force on access to justice issued a report that called for “profoundly reimagining the way legal services are regulated in order to harness the power of entrepreneurship, capital, and machine learning in the legal arena.”.

ILTA 2019 Tech Survey Shows AI Adoption Slow, But Cloud Move Quickening

Media Law

The International Legal Technology Association has released an executive summary of its annual technology survey of law firms that underscores firms’ continuing adoption of cloud-based technologies while finding that only about 20% of firms are currently using or testing artificial intelligence and machine learning.

The End is Near: Halloween Is the Last Day to Enter for a Spot in Startup Alley at ABA TECHSHOW

Media Law

If you’re a legaltech startup, I don’t want to spook you, but Halloween is the last day to submit your application for one of 15 spots in the fourth-annual Startup Alley at ABA TECHSHOW , the American Bar Association’s annual legal technology conference, taking place in Chicago Feb.

New CEO at LegalZoom, As Longtime Leader John Suh Steps Aside

Media Law

There is a new CEO at online legal services provider LegalZoom. John Suh , who has been CEO since 2007 and on the company’s board since 2005, is moving to a position as senior advisor.

Clio Announces 35 New Integration Partners, from AppearMe to ZorroSign

Media Law

Jack Newton, the cofounder and CEO of practice management company Clio , describes his vision for the company as becoming the operating system of law — a point he reiterated yesterday during his keynote that opened the Clio Cloud Conference in San Diego.

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Just Two Weeks Left to Enter Your Blog in the LexBlog Excellence Awards

Media Law

The deadline is Nov. 1 to nominate a blog post for the inaugural LexBlog Excellence Awards , designed to honor exemplary writing on legal blogs. As I explained in an earlier post , these awards are unlike other “best blog” awards.

The #1 Reason People Get Redaction Wrong

Media Law

2019 may well end up being the year of redaction as it continues to make big headlines globally: The Justice Department Has Clarified Why It Redacted The Mueller Report , Paul Manafort’s Lawyers Tried—and Failed—to Redact This Sensitive Legal Filing, How a Simple Copy/Paste Revealed Explosive New Detail in Manafort’s Case.

Ahead of #ClioCloud9, Freelance Lawyer Platform LAWCLERK Announces New Features

Media Law

Monday brings the kick-off of the seventh annual Clio Cloud Conference , and among the companies that will be exhibiting there is LAWCLERK , a legal services marketplace where solo and small-firm attorneys can hire freelance lawyers for short-term projects.