Online Law

Public Mug Shot Galleries Punish Without Due Process

July 13th 2009

Funny and Unusual Punishment Before we had state identification, mug shots were used to establish identity. They still fill that role, but now they also punish, entertain, deter, and transfix a growing, voyeuristic audience in print and online. The Christian Science Monitor points out the popularity of a crop of sensationalist pulp magazines with names like […]

Is It Criminal for Minors to Use Google? Could Be.

July 10th 2009

There is a growing disconnect between the legal staff who write terms of use for websites, those who operate the site, and site visitors. I’ve come to believe that each level of disconnection introduces new sets of legal risks, which this story only start to illustrate. Chris Soghoian observed in CNET that Google’s terms of […]

Mass. Bill Proposes Access for Political Bloggers and a Video Record of Committee Meetings

July 4th 2009

We’ve seen governments monitor private citizens through video surveillance and increased access to electronic records. Here’s a proposal for citizens, and their media, to use some of these same tools to follow the work of their representatives in government. Massachusetts’ Open Meeting Law and Public Record Law may be expanded by S1458 to provided better access […]

GM Uses Legal Threats to Limit Auto Liability Debate: If Only Section 230 Extended to Traditional Media

June 30th 2009

Why should speech traveling down Comcast’s wire to my computer enjoy better protection than that arriving via the same wire to my television? Consider this fact pattern: A group of consumers, looking to stop GM from using bankruptcy to escape current and future product liability claims, seeks to make its cast to the administration via […]

Squatting on Your Digital Identity

June 29th 2009

In May, St. Louis Cardinals manager Tony La Russa filed suit against Twitter in California Superior Court, essentially claiming that someone using his name was posting comments that damaged his reputation and caused emotional distress. The suit also claims damage to La Russa’s trademark rights. Ordinarily, I would have thought little about the case, believing […]

Satire, Parody, and Copyright: Republican Govs Ape NYT’s Format

June 25th 2009

The Republican Governors’ Association has launched an attack website against Democrat New Jersey Gov. Jon Corzine. The site, called the Corzine Times, is formatted to resemble the New York Times. The grey lady has sent a cease and desist letter to the Republican governors. The demand letter claims trademark infringement, claiming that similar logos and formats […]

Erosion of Speech Freedoms is How Censorship Grows in the U.S.

June 23rd 2009

Censorship it easy to spot when China or Iran simply turn off media channels. However, in the US, well-meaning local agencies are also advancing censorship. Want a job? Give us your social media passwords. The City of Bozeman, Montana, has a long-standing policy of requiring job applicants to provide usernames and passwords for “any and […]

Jammie Thomas Fined 1.92 Million for Sharing Two Dozen Songs

June 18th 2009

Jammie Thomas, a young mom who has become the Joan of Arc of file sharing, was found guilty of violating 24 song copyrights, and fined 1.92 million dollars, yep, about 80k per tune. Justice? Ars Technica The jury found Thomas-Rasset’s conduct to be willful, which means that statutory damages under the Copyright Act can range […]

Advertising at the Airport…The Island of Misfit Promotion

June 16th 2009

Capgemini and the “Big Reveal” Professional services is a staple of airport advertising. But having seen this one at least one thousand times I still don’t understand how it sells Capgemini. Is the blue-suited lady the consultant, and is she inspiring her clients to disrobe?  Or are the super hero-suited businessmen the consultants, and she’s […]

How to Tell Your Client “No” and Protect Their Brand Too.

May 14th 2009

There are a lot of situations where allegations of trademark infringement are counter productive. As you’ve read here, overly aggressive enforcement can lead to unexpected, damaging, consequences for brands. Deutsche Telekom: threatened a tech blog for using magenta headlines, the color they reserved for tMobile. Monster Cable: the litigious audio wire vendor has threatend baseball […]