Category Archives: Law & Policy

Packingham Ruling Likely Not Instructive to DMCA

Photo source by spaxiax Another Supreme Court First Amendment decision this past Monday was a source of excitement for parties who consistently argue that copyright enforcement in cyberspace cannot help but infringe First Amendment rights.  I’ll say at the outset that … Continue reading

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Slants Trademark Decision May Have Other IP Implications

In 2010, the Oregon-based, Asian-American band had its application for a trademark in the name The Slants rejected by the US Patent and Trademark Office. The denial was based on a statute in the 1946 Lanham Act prohibiting registration of … Continue reading

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EU Court of Justice Ruling – A New Chapter?

Photo by alexskopje Pond5 This week, the Court of Justice of the European Union concluded what any rational observer would conclude about websites that make large volumes of unlicensed copyrighted works available to the public — that their owners know exactly what … Continue reading

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DCA Report: Users Demand Some Accountability For Platforms

On December 31, 2016, in a post called The Morning After or Social Media is a Humbug, I wondered whether or not 2017 would be the year when users, advertisers, and even the major web platforms would begin to demand … Continue reading

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EFF Petition Language Used in Fake Emails to the FCC

Photo by Elnur It’s depressing how often one reads news that makes the United States seem as though we’re reliving the 19th century rather than an enlightened 21st.  With that comment, you might think I’m referring to the current administration (and … Continue reading

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