June, 2019

Special Episode: Iancu v. Brunetti (USSC deals with FUCT trademark)

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 [link]. Here's what we talked about. Iancau v. Brunetti-SCOTU S. - - - - - - - - - - - - - - - - - - - - - - - - - - - - The post Special Episode: Iancu v. Brunetti (USSC deals with FUCT trademark) originally appeared on Entertainment Law Offices of Gordon P. Firemark.

MTP Podcast:Fix Google’s Antitrust Problem by Fixing Its Supervoting Stock

Music Technology Policy

All stockholders are equal but some stockholders are more equal than others. HOW A CAREER CON MAN LED A FEDERAL STING THAT COST GOOGLE $500 MILLION. Issues that House Judiciary Should Investigate Against Google–End Supervoting Shares for Publicly Traded Companies. Google Nonprosecution Agreement with Criminal Division DOJ. Eric Schmidt Takes the 5th Under Questioning from Senator Cornyn. Eric Schmidts Written Answers to Sen Cornyn’s Request for the Record.

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Former Sales Lead At Logikcull Joins Legal AI Company Evisort to Direct Business Development

Media Law

In a post here December , I wrote that the AI-based contract management company Evisort “might just be the hottest legal tech and AI company you’ve never heard of.” But since then, the company has been making a name for itself. In February, it raised $4.5 million seed funding.

SCT: Private Entities Designated By Local Government To Operate Public Access Channels Are Not State Actors

Media Law Prof Blog

The Supreme Court, voting 5-4, has reversed the Second Circuit in Manhattan Community Access Corp., Halleck. In the case, petitioner Manhattan Neighborhood Network (MNN) argued that it is not a state actor and is not required to allow the

FCC Incubator Order Becomes Effective Just as Third Circuit Hears Arguments on 2017 Order Relaxing FCC Broadcast Ownership Rules

Broadcast Law Blog

The Office of Management and Budget, acting pursuant to the Paperwork Reduction Act, has just approved the FCC’s broadcast incubator program , about which we wrote here. That approval makes the program effective. The program permits an established broadcaster to provide assistance to a new broadcaster (generally, a qualified small business) to enter the radio broadcast industry.

Biden Is Lying About His Opposition To Busing

Communications And Entertainment Law Blog

52

Drug Kingpins and Cartoon Frogs.

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 [link]. Here's what we talked about. SUPREME COURT: BANKRUPTCY DOES NOT TERMINATE A LICENSE (FOLLOW-UP) THE COPYRIGHT TRIAL THAT ALMOST WAS… “PEPE THE FROG” QUICK COVERAGE OF SHAKEUP AT BLOOM, HERGOTT APPLE V.

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Payment Processor LawPay Gets New CEO, As Founder Steps Aside

Media Law

AffiniPay , the Austin, Texas, payment processing company that operates LawPay , which is among the most popular online payment tools for legal professionals, is announcing today that it has named a new chief executive officer.

Roberts on False Influencing @lexlanham

Media Law Prof Blog

Alexandra J. Roberts, University of New Hampshire School of Law, has published False Influencing. Here is the abstract. Social media influencers and the brands that engage them are bound to comply with the portions of the FTC Act that regulate

Locksmiths Locked Out: Court Affirms Immunity for Use of Tools That Portray Third-Party Content Pictorially or as an Aggregate Metric

New Media and Technology Law

In the past few months, there have been a number of notable decisions affirming broad immunity under the Communications Decency Act (CDA) , 47 U.S.C. 230(c), for online providers that host third party content. The beat goes on, as in late May, a Utah district court ruled that the Tor Browser, which allows for anonymous communications and transactions on the internet, was protected by CDA Section 230 for a website’s sale of illegal substances to a minor on the dark web via the Tor Browser.

Ilhan Omar Trans Dance Party Celebration

Communications And Entertainment Law Blog

52

Next EAS Test Scheduled for August 7 – Updated ETRS Forms Due July 3

Broadcast Law Blog

The FCC on Monday released a Public Notice announcing that its next test of the Emergency Alert System (EAS) is scheduled for August 7 with a back-up date of August 21 (back-up dates being provided in the event that there are severe weather situations or other emergencies in early August which could increase the potential for public confusion on the originally scheduled date).

Guest Post by @DMcGonigal: How will the creative industries fare in the new European Parliament?

Music Technology Policy

[We are thrilled to have a guest post by my friend Dominic McGonigal , Chair of the erudite C8 Associates think tank based in London and Brussels.]. The EU elections attracted the biggest turnout for quarter of a century, bucking the trend of declining interest in the EU among European voters. It was spurred by Brexiteers and their national equivalents, matched by internationalists who wanted to show their pro-European credentials.

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LawNext Episode 43: The AALL’s Femi Cadmus on the Changing Face of Law Librarians

Media Law

“We are not your grandfather’s law librarian.” As president of the American Association of Law Libraries, Femi Cadmus makes that point emphatically.

Ayoubi on Deciphering the "Right to Read" Under International Human Rights Law @Lida_Ayoubi

Media Law Prof Blog

LIda Ayoubi, Auckland University of Technology, Law School, is publishing Deciphering the 'Right to Read' under International Human Rights Law: A Normative Framework for Equal Access in volume 36 of the Wisconsin International Law Journal (2019). Here is the abstract

The Tor Browser Afforded CDA Immunity for Dark Web Transactions

New Media and Technology Law

The District of Utah ruled in late May that Section 230 of the Communications Decency Act, 47 U.S.C. 230 (“CDA”) shields The Tor Project, Inc. (“Tor”), Tor”), the organization responsible for maintaining the Tor Browser, from claims for strict product liability, negligence, abnormally dangerous activity, and civil conspiracy. The claims were asserted against Tor following an incident where a minor died after taking illegal narcotics purchased from a site on the “dark web” on the Tor Network.

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Biden letters reveal he resisted this desegregation tactic. Exclusive letters obtained by CNN show Joe Biden resisted mandated busing to desegregate schools during his time in Congress. CNN's Jeff Zeleny reports.

Communications And Entertainment Law Blog

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July Regulatory Dates for Broadcasters – Quarterly Issues Programs and Children’s Television Reports, Renewal Announcements, Copyright Filings, EAS, EEO and More

Broadcast Law Blog

July is an important month for regulatory filings – even though it is one of those months with no FCC submissions tied to any license renewal dates. Instead, quarterly obligations arise this month, the most important of which will have an impact in the ongoing license renewal cycle that began in June (see last month’s update on regulatory dates, here ).

Guest Post by Stephen Hollis: South Africa Creative Sectors Petition SA President on Copyright Bill

Music Technology Policy

[MTP readers will recall that there is a fierce fight going on in South Africa over a new national copyright amendment that is backed by Big Tech but bitterly opposed by South Africa’s creative sector. South Africa lawyer Stephen Hollis gives us the background and detail. We’re pleased to have the opportunity to post Stephen’s article to bring everyone up to speed. Stephen is a member of the Adams & Adams Entertainment Law Group in Johannesburg.].

California Task Force Vote This Week Could Open Door To Private Companies Delivering Legal Services

Media Law

Zeno-Zencovich on What We Mean by "Media" Today @CAPBooks

Media Law Prof Blog

Vincenzo Zeno-Zencovich, University of Rome III, Department of Law, is publishing What Do We Mean By 'Media' Today? in R.L.Weaver, A. Koltay, M.D.Cole, S.I. Friedland (eds.), Free Speech and Media Law in the 21st Century, Carolina Academic Press 2019 (Forthcoming

Browsewrap Terms Enforced Due to Customer Knowledge of Existence of Terms

New Media and Technology Law

Last month, a California district court granted a web-based service’s motion to compel arbitration of a putative class action brought by a user whose personal information was allegedly accessed in a massive 2016 data breach that involved 339 million user accounts. Gutierrez v. FriendFinder Networks Inc. , 18-05918 (N.D. May 3, 2019)).

Trump Jr. sparks 'birther conspiracy' of Kamala Harris

Communications And Entertainment Law Blog

52

FCC Releases Draft Order on Changes to Children’s Television Rules – Action Expected July 10

Broadcast Law Blog

In anticipation of its July 10 open meeting, the FCC last week released its draft Order making changes to its rules requiring television stations to broadcast specific amounts of educational and informational programming directed to children. The current rules require that stations air an average of three hours of such programming every week for every channel of programming they broadcast.

The Two Years War: Google’s Polish Footprint Behind Poland’s Lawfare Against Artists over EU Copyright Directive

Music Technology Policy

Poland has the distinction of being the first country to tip Google’s lawfare strategy against the Copyright Directive–sue to have the whole thing overturned by Court of Justice of the European Union, the “ CJEU.”

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In Unique Partnership, Two Law Schools and A Private Company Collaborate on Tool to Reduce Evictions

Media Law

A unique collaboration between two law schools and a private company has produced a tool designed to help low-income tenants avoid eviction and seek redress for unsafe living conditions.

Volokh on Anti-Libel Injunctions and the Criminal Libel Connection @VolokhC

Media Law Prof Blog

Eugene Volokh, UCLA School of Law, is publishing Anti-Libel Injunctions and the Criminal Libel Connection in the University of Pennsylvania Law Review. Here is the abstract. An injunction against libel, which carries the threat of prosecution for criminal contempt, is

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Fourth Amendment Appeal before Georgia Supreme Court over Airbag Crash Data Could Have Implications for Autonomous Cars and Related Technologies

New Media and Technology Law

Today, the Georgia Supreme Court is set to hear oral argument in an appeal brought by a defendant convicted of vehicular homicide and other charges related to a fatal car crash. Mobley v. State , No. S18C1546).

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Senator Kamala Harris V. Joe Biden Draws Criticism And Praise. | The Las.

Communications And Entertainment Law Blog

52

Another EEO Audit Released – Looking at the FCC’s Current EEO Obligations

Broadcast Law Blog

The FCC yesterday released another of its regular EEO audit notices ( available here ), asking that approximately 80 radio stations, and the employment units with which they are associated, provide to the FCC (by posting the information in their online public inspection file) their last two year’s EEO Annual Public File reports , as well as backing data to show that the station in fact did everything that was required under the FCC rules.

Happy Monday: The MTP SPOTify Chart

Music Technology Policy

Happy Monday–here’s the Spotify chart update. Spotify is in it’s second downside breakout of the consensus trading range ($145-$132). Unless it retraces back over $132, it would appear that the next downside support level is $106 where the stock closed on 12/21/18.

What Is Innovation in Law? Take this Very Short Survey

Media Law

Seems as if everyone talks about innovation in law. But what does it really mean? At the upcoming annual conference of the American Association of Law Libraries, Jean O’Grady, author of the Dewey B Strategic blog, is moderating a panel on embracing sustainable innovation.

Governor Ivey (Alabama) Signs HB 498, To Protect Free Speech on College Campuses

Media Law Prof Blog

The Governor of Alabama has signed HB498 into law. HB498 "would require state two-year and four-year colleges and universities to protect and uphold free speech rights for students and faculty, and would provide a cause of action for violations." synopsis

On the Mark: Understanding the Supreme Court’s Latest Decision Regarding the Treatment of Trademark Licenses in Chapter 11

New Media and Technology Law

On May 20, 2019, in Mission Product Holdings, Inc. Tempnology, LLC , 587 U.S. 2019), the Supreme Court resolved an area of ongoing concern for parties to trademark licenses. The court addressed a circuit split on whether a trademark licensee may continue to use a trademark for the term of the license, after the license has been rejected in bankruptcy.

How US Meddling in Central America Created the Modern Day Border Crisis.

Communications And Entertainment Law Blog

52

Preparing for the 2020 Elections – Our Updated Political Broadcasting Guide

Broadcast Law Blog

2020 will no doubt be a very active year for political advertising. To help broadcasters sort out the confusing rules they need to follow in connection with such advertising, we have updated our Political Broadcasting Guide for Broadcasters (note that the URL for the updated version has not changed from prior versions, so your bookmarks should continue to work).

“ACTA2” Trolls Publish Hit List on Pastebin of Artists who Supported Copyright Directive in Europe

Music Technology Policy

Heartfelt thanks & congratulations to all creators on this acta2 blacklist for standing up for our rights. Jealous I’m not on it. Must try harder. ?? IvorsAcademy ? ? PRSforMusic ? ? PPLUK ? ? authorsocieties ? ? unisonrights ? link]. — Crispin Hunt (@crispinhunt) June 25, 2019.