April 5th 2008
Last week Deutsche Telekom, owners of the global T-Mobile brand, sent the website Engadget a late birthday present: a hand-delivered letter direct from their German legal department, requesting the prompt discontinuation of the use of the color magenta on Engadget Mobile. However, rather than gaining cooperation, T-Mobile has generated a host of unintended consequences. Engadget […]
March 17th 2008
Where have all the protests gone? Many of the most interesting and successful are making creative use of new online environments. And they’re winning concessions from the powers that be.
March 5th 2008
Updated: May 4, 2008 While Federal CAN-SPAM is perhaps the most well-known online marketing law, individual states also regulate online business practices. The Federal law is written with provisions which preempt state action, so the federal act is the main law, while states extend its reach, or add to it provisions as side orders extend an […]
March 3rd 2008
What is CAN-SPAM? The name CAN-SPAM is an acronym from the original bill’s full name: Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003. Its purpose was to set the first national standards for sending commercial e-mail, and to limit the bulk sending of unsolicited email. The law requires the Federal Trade Commission […]
February 25th 2008
Corynne McSherry and Eric Goldman have posted a joint warning about proposals being considered by the the Trademark Litigation subcommittee of the American Bar Association’s IP Section. Several expert sources (quoted below) have already written about this, and I add some thoughts to theirs after that.
February 23rd 2008
When you type a phrase like “Ford models” into a search engine, you aren’t necessarily searching for the Ford Motor Company. You may be searching for information from news sources to learn if Ford tires still catch fire. If that were the case, you’d probably want an disinterested analysis from outside the company. Or you […]
February 18th 2008
The President has destaffed the committee responsible for making sure civil rights and privacy are respected by the administration’s anti-terrorism programs. At the same time, he made asking for extended spy powers, and blanket immunity for a still-undisclosed range of privacy intrusions, his highest profile priority. Privacy and Civil Liberties Oversight Board was recommended by […]
December 9th 2007
Described in one of his own press releases as a “creative genius and forward thinker by nature,” the Purple One’s legal creativity is legendary. Recall his 1993 falling-out with Warner Bros. during which he only appeared in public with the word “slave” written on his cheek. Then he abandoned his stage name for a symbol. The line […]
November 3rd 2007
This week, two diverse publications–The Christian Science Monitor and Wired Magazine–asked the same question: “Are we going overboard in regulating adult content?” I attend at least a dozen online-industry events a year, and listen to podcasts, read blogs and pay for research from countless industry pundits. And in each case, the online adult entertainment industry, […]
October 28th 2007
The case: In November 2006, The New England Patriots sued Ebay’s StubHub claiming they encouraged ticket holders to resell game tickets, contrary to a “ticket holder agreement”. That same month, StubHub countersued claiming that the Patiots were restricting lawful commerce. Last week the Patriots were granted a discovery request forcing StubHub to turn over contact information […]
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