What is the difference between standing on legal principle and engaging in legal activism? The wry answer, of course, is that the attorney, scholar or judge who agrees with one’s opinion is a champion of legal principle while any of these who disagrees with one’s opinion is a feckless activist. “…there must be a clear line between describing what the ...

by Lisa Shaftel & John Schmelzer Shaftel & Schmelzer, Advocates & Consultants for Visual Artists Representative Hakeem Jeffries introduced the Copyright Alternative in Small-Claims Enforcement Act of 2017 (the “CASE Act”) H.R. 3945 in October 2017. The CASE Act was created in response to the Copyright Office Study Report on Remedies for Copyright Small Claims released September 2013. The CASE Act establishes ...

During Tuesday’s Joint Senate Committee hearing, as Mark Zuckerberg kept promising to take better control over content on Facebook, Senator Ted Cruz (R-TX) asked the CEO point blank if the site is a neutral platform or a publisher. Cruz acknowledged the company’s right to act as a publisher but also alluded to the fact that its liability protection under Section ...

With Mark Zuckerberg set to testify today on Capitol Hill, and revelations last week that the Cambridge Analytica data breach is now estimated to have affected nearly 90-million users (up from around 50 million), there seems to be no shortage of theories as to how to solve the “Facebook problem.” Congress will ask Zuckerberg what Facebook’s leadership knew about the ...

While Austin, TX was still searching for its serial bomber, various guests on CNN were of course speculating about the assailant’s level of expertise (perhaps even formal training) due to the technical sophistication of some of the explosive devices. Cynically, I thought, “Or he has YouTube.” For years, the internet industry, led by the major platforms, has invoked free speech ...

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