Online Law

Nexus, Schmexus…New York Wants Digital Download Tax

February 20th 2009

The Governor of the State of New York wants to address their $15 billion deficit by taxing, well, almost everything. Among the specifics is the taxing of digital downloads. The so-called “iPod Tax” would be 4 percent on all music and video downloads. For years, we’ve been waiting for the axe to drop on e-commerce […]

Facebook Reverses Its ToS Change

February 18th 2009

The folks over at Facebook seem overwhelmed by the response they have received since Sunday, when the website The Consumerist posted an article about a change in Facebook’s Terms of Service. About-Face (Book) Notice of their reversal was available on their service today: Over the past few days, we have received a lot of feedback […]

Facebook’s New ToS: We Own Your Stuff Forever

February 17th 2009

In 2007, Facebook was valued by Microsoft at about $15 billion. It garners substantially less financial enthusiasm these days, at about $3-$4 billion. Not too shabby. Of course, the big question is why. Has it actually made a profit, or is this 1999 again? The valuation may very well be based upon the data Facebook […]

Street Artist vs AP: Fair Use or Violation?

February 12th 2009

Street artist Shepard Fairey used an Associated Press (AP) photograph as the basis of his famous artistic treatment of then-Presidential candidate Barack Obama. That fact is not in dispute. The AP contacted Mr. Fairey in an attempt to secure credit and compensation. Although the AP has not started formal legal proceedings against Fairey, Fairey decided […]

It’s … Monty Python’s Big Score!

February 6th 2009

In what can be compared to finding the Holy Grail, the results are in for Monty Python’s efforts to encourage their legion of fans to refrain from supporting illegal uploading of their work onto the internet and buy Python DVDs. In a previous article, we described how Python was building their own YouTube channel, which will […]

Crimes of Opportunity Need Banks of Opportunity

February 5th 2009

When Ponzi goes broke, sue his banker. Bank of America is being sued because one of its customers ran an Internet Ponzi scheme, which bilked hundreds of millions of dollars from innocent, though greedy, investors. The case alleges that BofA would have been in a position to prevent this fraud from spreading, if only they […]

Are 1 in 5 Teens Child Pornographers?

February 4th 2009

A teenage girl snaps a photo of herself with some or all of her clothing removed and sends it to a teenage boy. How many, if any, crimes have been committed? This is known as “sexting” among teens who text, and in Greensburg, Pennsylvania, both sender and recipient would be charged with serious child pornography […]

First They Came for the Political Bloggers

February 3rd 2009

Two weeks ago, the Senate considered a lobbying reform bill which would reportedly have required bloggers who communicate to more than 500 members of the public on public policy matters to register and report quarterly to Congress, in much the same way as K Street lobbyists. The blog Wonkette reports that this over-reaching requirement was […]

The NFL’s Copyright Claims Enter US Folklore in Tampa

February 1st 2009

The NFL is the champion of claiming copyrights that have no legal reality.  Their copyright statement actually requires anyone describing one of their games to get permission.  Do you believe I can’t do that?  Of course not, but the NFL’s broad claim of rights persists. The NFL threatened law professor Wendy Seltzer for posting their […]

Being Obama: Products Rip Off the Obama Mystique

January 28th 2009

We’ve discussed how Brand Obama has been open to being appropriated by its supporters. Now other brands are jumping into what might be called the “O-conomy.” Here are some products drawing on Obama’s brand equity. In a Plea for Relevancy, Pepsi Steals Obama’s Logo Business Week‘s David Kiley writes, “This is a special time in America—difficult […]