RIAA and Labels Pocket Settlement, Ignore Artists

March 4th 2008

Is the RIAA only about the money, and not the ethical defense of intellectual property rights of artists? It seems the artists the RIAA supposedly represents have seen little or no money as a result of copyright infringement settlements over the years from major entities like Napster and Kazaa. Those settlements are in the neighborhood […]

Email Law: New CAN-SPAM FAQ for Internet Marketers

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 […]

Wikileaks Is Back Up in the US!

March 1st 2008

Judge Jeffrey White has reversed his decision requiring the site’s domain registrar to direct traffic away from the site’s US domain. Users quickly discovered the site maintains mirror sites around the world, so the court order likely only increased the site’s traffic. The judge issued an order to restore the domain yesterday at 5pm.  Judge White […]

Marketing Sherpa on “Superb Email Personalization”

March 1st 2008

It was fantastic being with over 800 email marketers in Miami last week. They’ve posted some kind words on my talk about B2B email (see point #9 of their event wrap-up).  We endured several hours of Florida’s massive power blackout, which resulted in intimate presentations in dim rooms, and the occasional impulse to gather around battery […]

Comcast Pays People to Pack Cambridge FCC Hearing

February 29th 2008

The FCC’s recent hearing in Cambridge on broadband network management practices had a group of unusual participants.  Comcast admitted to paying people from the street who did not know about the hearing to fill the auditorium’s seats.  They arrived en masse some 90 minutes before the hearing began and occupied almost every available seat, upon […]

RIAA Loses “Making Available” Argument in Default Judgment Request

February 28th 2008

On February 13, 2008, in Connecticut copyright case Atlantic vs. Brennan, the court rejected the RIAA’s request for a default judgment on the grounds of its theory that simply making available copyrighted music that might be illegally copied by some other party is, in fact, infringement. District Judge Janet Bond Arterton ruled that such a […]

FCC Ready to Block Unreasonable Net Restrictions

February 27th 2008

FCC Chairman, Kevin Martin, acknowledged that broadband network operators have a legitimate need to manage the data flowing over their networks. But he said that “does not mean that they can arbitrarily block access to particular applications or services.” So, what is “reasonable” and what is “arbitrary”?  That was the question in Cambridge on Monday. […]

ABA Committee’s Anti-Consumer Take on Keyword Advertising

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.

Keyword Ads and The Public’s Domain in Trademark Law

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 […]

Berkman Center to Host FCC Hearing on Broadband Management Practices

February 22nd 2008

On Monday, February 25, the Berkman Center for Internet and Society at Harvard Law School will host a Federal Communications Commission en banc hearing on broadband network management practices, and a public post-panel discussion and reception. The event will be webcast live.  Verizon’s Tom Tauke, who was featured in yesterday’s posting, is one of the […]