Media Law

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  • Canadian Government Suspends, Begins Investigation of Scientist Who Recorded Song Critical of Prime Minister

    Media Law Prof Blog
    Media Law Prof
    28 Aug 2015 | 4:22 pm
    The Globe and Mail reports that an Environment Canada scientist has been suspended for composing and recording a song that critizes current Canadian Prime Minister Stephen Harper. Scientist and folk singer Tony Turner wrote "Harperman," which apparently does not sit...
  • Two More Federal Data Breach Cases Decided, With Different Outcomes on Standing

    Seller Beware Blog
    Neil Rosenbaum
    6 Aug 2015 | 1:48 pm
    On June 1, 2015, a federal judge in the District of Nevada dismissed a putative class action stemming from a 2012 breach of Zappos's servers containing customer information. In re Zappos.com, Inc. Although account numbers, passwords, email addresses and physical addresses, and the last four digits of credit card numbers were involved, none of the plaintiffs alleged they suffered any actual misuse of their data or harm therefrom. The court held that the plaintiffs could not show that they faced an immediate threat of harm, particularly as three-and-a-half years had passed since the breach…
  • News Corp. CEO Robert Thomson: Telling It Like It Is

    Media & Communications Policy
    Patrick Maines
    24 Aug 2015 | 8:08 am
    It’s not every day that a speech given by a publishing executive is truly noteworthy, but remarks given earlier this month by Robert Thomson, CEO of News Corp., are the exception to the rule. Speaking on August 13 at Australia’s Lowy Institute for International Policy, Thomson delivered a powerful speech in which he decried, among other things, the business practices of “distribution” companies like Google, the commentariat’s disdain for markets, the theft of intellectual property, and the politically correct mindset of Silicon Valley. Though now chief executive officer of one of…
  • Twitter Sends James Woods a Scathing Letter Over Attempt to Unmask Anonymous User

    THR, Esq.
    Eriq Gardner
    28 Aug 2015 | 11:22 am
    Twitter tells the politically-outspoken actor that calling him a "cocaine addict" appears to be hyperbole.read more
  • Social media campaign supports Indiana's Lifeline Law - 14 News WFIE Evansville

    media law news - Google News
    28 Aug 2015 | 2:52 pm
    Social media campaign supports Indiana's Lifeline Law14 News WFIE EvansvilleA social media campaign called "Make Good Decisions” is targeting private and public universities in Indiana, including UE and USI. The campaign, which is in its second year, was created to support Indiana's Lifeline Law. Under this law, students can
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    Media Law Prof Blog

  • Canadian Government Suspends, Begins Investigation of Scientist Who Recorded Song Critical of Prime Minister

    Media Law Prof
    28 Aug 2015 | 4:22 pm
    The Globe and Mail reports that an Environment Canada scientist has been suspended for composing and recording a song that critizes current Canadian Prime Minister Stephen Harper. Scientist and folk singer Tony Turner wrote "Harperman," which apparently does not sit...
  • Novelist Mario Vargas Llosa Complains To NYT About Information Included In Book Review

    Media Law Prof
    26 Aug 2015 | 11:03 am
    Via the Guardian: The celebrated writer Mario Vargas Llosa has complained to the New York Times via a letter to the editor that a recent review of his new book, Notes on the Death of Culture, included incorrect information that...
  • A Bibliographic Literature Survey of IP Standard-Setting Organizations

    Media Law Prof
    26 Aug 2015 | 10:40 am
    Jorge L. Contreras, University of Utah College of Law, is publishing Patents, Technical Standards and Standards-Setting Organizations: A Survey of the Empirical, Legal and Economics Literature in 2 Research Handbook on the Economics of Intellectual Property Law (Peter Menell and...
  • The Copyright Jurisprudence of the ECJ

    Media Law Prof
    26 Aug 2015 | 8:41 am
    Marcella Favale, Bournemouth University & University of Glasgow, Martin Kretschmer, University of Glasgow, and Paul L. C. Torremans, are publishing Is There a EU Copyright Jurisprudence? An Empirical Analysis of the Workings of the European Court of Justice in the...
  • The Copyright Act and the Protection of Pantomine

    Media Law Prof
    26 Aug 2015 | 8:27 am
    Brian L. Frye, University of Kentucky College of Law, has published Copyright in Pantomime. Here is the abstract. Why does the Copyright Act specifically provide for the protection of “pantomimes”? This article shows that the Copyright Act of 1976 amended...
 
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    Seller Beware Blog

  • Two More Federal Data Breach Cases Decided, With Different Outcomes on Standing

    Neil Rosenbaum
    6 Aug 2015 | 1:48 pm
    On June 1, 2015, a federal judge in the District of Nevada dismissed a putative class action stemming from a 2012 breach of Zappos's servers containing customer information. In re Zappos.com, Inc. Although account numbers, passwords, email addresses and physical addresses, and the last four digits of credit card numbers were involved, none of the plaintiffs alleged they suffered any actual misuse of their data or harm therefrom. The court held that the plaintiffs could not show that they faced an immediate threat of harm, particularly as three-and-a-half years had passed since the breach…
  • Plaintiffs Fail to Make Their Mark: Bourbon Class Action Dismissed

    Neil Rosenbaum
    5 Aug 2015 | 2:30 pm
    On July 27, a federal court in California dismissed claims against the Maker’s Mark distillery after concluding the statement that Maker’s Mark bourbon was “handmade” was not misleading. The court found the statement “handmade” could not reasonably be interpreted as prepared only by human hands and without the use automated processes or equipment. This decision shows that class action lawsuits can, and often should, be dismissed before the parties and courts address whether the claims should be certified as a class action even if the label at issue includes a representation that…
  • New Wave Of Amendments to Data Breach Notification Laws Hits Nevada, Oregon, Rhode Island, and Connecticut

    Neil Rosenbaum
    3 Aug 2015 | 2:11 pm
    This summer has seen a flurry of new state-based legislative activity concerning data security and data breach notification, as Nevada, Oregon, Rhode Island and Connecticut have each amended their laws to strengthen protections for individuals affected by data breach. Many of these new laws expanded the definition of “personal information,” which, if released in an unencrypted form, can trigger notification obligations among entities storing consumer data. Nevada amended its data breach notification laws in May 2015 to broaden the scope of “personal information,” which is defined as…
  • California Court Rejects Bid to Re-Examine Motion to Dismiss Based on Fourth Circuit’s False Advertising Decision

    Neil Rosenbaum
    23 Jul 2015 | 11:47 am
    We recently told you about the Fourth Circuit’s opinion in In re GNC Corporation holding that plaintiffs can’t state a claim under state law that an ad is literally false just because there is a reasonable difference of scientific opinion.  But don’t consider the issue closed.  A recent effort to expand this ruling to California was just rebuffed. In the Central District of California case, Zakaria v. Gerber Products Co., Gerber sought reconsideration of the court’s denial of its motion to dismiss based on the GNC decision.  The plaintiff alleged that Gerber…
  • What Is Your Company Doing to Prevent Slavery? The UK (like California) Wants to Know

    Neil Rosenbaum
    22 Jul 2015 | 6:20 am
    The United Kingdom Government has recently enacted legislation similar to California’s groundbreaking Transparency in Supply Chains Act to address the issues presented by modern day slavery and human trafficking.  All companies carrying on business in the UK are potentially affected by the Modern Slavery Act 2015 (the UK Act), which includes new requirements for businesses to publish a statement setting out the steps that they adopt to prevent slavery and human trafficking in their supply chains.  The UK Government has indicated that these provisions will come into force in…
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    Media & Communications Policy

  • News Corp. CEO Robert Thomson: Telling It Like It Is

    Patrick Maines
    24 Aug 2015 | 8:08 am
    It’s not every day that a speech given by a publishing executive is truly noteworthy, but remarks given earlier this month by Robert Thomson, CEO of News Corp., are the exception to the rule. Speaking on August 13 at Australia’s Lowy Institute for International Policy, Thomson delivered a powerful speech in which he decried, among other things, the business practices of “distribution” companies like Google, the commentariat’s disdain for markets, the theft of intellectual property, and the politically correct mindset of Silicon Valley. Though now chief executive officer of one of…
  • Trump and the Media

    Patrick Maines
    11 Aug 2015 | 4:30 am
    Far too many people, GOP presidential candidates included, earnestly describe Donald Trump as vulgar, narcissistic, uninformed, or juvenile.  What they don’t realize is that Trump and the media see attributes like these as his good qualities. The better characterization of Trump and his run for office is that it’s vaudeville; a kind of political Three Stooges, with Trump playing Larry, Curly, and Moe all by himself. If only, during the recent debate in Cleveland, Trump had waggled two fingers at Megyn Kelly’s eyeballs, or smacked Rand Paul upside the head (“You’re having a hard…
  • The First Amendment and Free Speech Under Assault

    Patrick Maines
    15 Jul 2015 | 5:00 am
    If you’re not alarmed by the assault on the First Amendment and free speech generally, you’re not paying attention. Consider the list of offenses committed by the government.  They range, in recent times, from the Department of Justice’s spying on the phone records of reporters at the Associated Press, to the National Security Administration’s domestic call tracking, and from the IRS’s targeting of conservative nonprofit organizations, to the suggestion by the ranking Democrat on the Federal Elections Commission that political speech on the Internet should be regulated. Other…
  • Decline of Legacy Media, Rise of the Conservatives?

    Patrick Maines
    2 Jun 2015 | 8:59 am
    For the legacy news media, the bad news just keeps on coming.In recent days, for instance, the Pew Research Center released a piece titled “The Declining Value of U.S. Newspapers,” chronicling the extraordinary decline in the purchase and sale price of major U.S. dailies. Some of the examples given are so extreme they look like misprints.  The New York Times Co., for instance, purchased The Boston Globe and Worcester Telegram & Gazette for a little over $2.2 billion, and sold them both in 2013 for $71 million – a valuation change of minus 96 percent! Not far behind are newspapers…
  • Net Vitality Should Be the Cornerstone of U.S. Broadband Policy

    Guest Author
    24 Apr 2015 | 10:17 am
    By guest blogger PROF. STUART N. BROTMAN, faculty member at Harvard Law School and author of the study Net Vitality: Identifying the Top-Tier Global Broadband Internet Leaders published by The Media Institute.  Prof. Brotman is a member of the Institute’s Global Internet Freedom Advisory Council.  The full version of this article appeared in The Hill on April 24, 2015. The Federal Communication Commission’s recent Open Internet Order is intended to develop an enforceable regulatory scheme to ensure that net neutrality would be achieved.  One of its rationales is that unless such…
 
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    media law news - Google News

  • Social media campaign supports Indiana's Lifeline Law - 14 News WFIE Evansville

    28 Aug 2015 | 2:52 pm
    Social media campaign supports Indiana's Lifeline Law14 News WFIE EvansvilleA social media campaign called "Make Good Decisions” is targeting private and public universities in Indiana, including UE and USI. The campaign, which is in its second year, was created to support Indiana's Lifeline Law. Under this law, students can
  • FBI posing as Associated Press violates media's credibility, professor says - KU Today

    28 Aug 2015 | 6:44 am
    FBI posing as Associated Press violates media's credibility, professor saysKU TodayPeters is a media lawyer and First Amendment scholar, and he teaches media law at KU. He is the press freedom correspondent for the Columbia Journalism Review and has blogged about free expression for the Harvard Law & Policy Review. He also has ...and more »
  • Muzzling the media: Egypt's new 'anti-terror' laws - Aljazeera.com (blog)

    22 Aug 2015 | 4:15 am
    Aljazeera.com (blog)Muzzling the media: Egypt's new 'anti-terror' lawsAljazeera.com (blog)Egypt's President Abdel Fattah el-Sisi has signed a controversial and wide-ranging anti-terrorism bill that has far-reaching implications for journalists and the media. The law, which rights groups say will be used to crush dissent, will see and more »
  • Social Media Background Checks Uncover Clues for Legal, Law Enforcement and HR ... - PR Newswire (press release)

    20 Aug 2015 | 5:40 am
    PR Newswire (press release)Social Media Background Checks Uncover Clues for Legal, Law Enforcement and HR PR Newswire (press release)The company has debuted eChatter, a social media background check solution designed initially for the law enforcement, human resources and legal professions. eChatter is a service offered by Ann Michaels to mine public posts on countless social media ...and more »
  • New anti-terror law likely to muzzle media in Egypt - Al-Arabiya

    19 Aug 2015 | 8:34 am
    Al-ArabiyaNew anti-terror law likely to muzzle media in EgyptAl-Arabiya“From now on, journalists won't take the initiative to publish any news in a hurry or that which contains any form of inaccuracy so they don't fall under the parameters of the new law,” Safwat al-Allam, a professor of political media at Cairo and more »
 
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    Shear on Social Media Law

  • Ballot Selfies, The First Amendment, Privacy, and Public Safety

    29 Aug 2015 | 8:41 am
    I was recently contacted by a reporter about the New Hampshire ballot seflie law court case and unfortunately I was not able to get back to the reporter before the article's deadline.  I first recall speaking with the media in 2012 about ballot selfies and at that time it was an activity that seemed ready to dramatically increase.During the past several years, ballot selfie legal issues have picked up steam because some states have enacted laws focused on banning the practice.  Laws and regulations that ban videos/photos during certain court proceedings and in polling places were…
  • FTC Announces PrivacyCon Symposium

    28 Aug 2015 | 2:25 pm
    Earlier today, I received notification from the FTC announcing that on January 14, 2016 it will hold an event called PrivacyCon. According the FTC's website, the conference is designed "to bring together a diverse group of stakeholders, including whitehat researchers, academics, industry representatives, consumer advocates, academics, and a range of government regulators, to discuss the latest research and trends related to consumer privacy and data security."The FTC has done some great work in privacy and cybersecurity and just like previous events, this event will bring together some of the…
  • Google Refuses To Acknowledge The Law In Response To European Antitrust Complaint

    28 Aug 2015 | 2:06 pm
    Earlier this year, the European Commission (EC) sent a Statement of Objections (formal complaint) to Google for violating European antitrust (competition) laws.   In particular, the EC alleges Google “has abused its dominant position in the markets for general internet search services in the European Economic Area (EEA) by systematically favouring its own comparison shopping product in its general search results pages.  The Commission's preliminary view is that such conduct infringes EU antitrust rules because it stifles competition and harms…
  • The Ashley Madison Hack, Cybersecurity, Privacy, and Legal Liability

    27 Aug 2015 | 9:08 am
    Privacy and cyber security go hand and hand.  If the platform you are utilizing has weak and/or misleading privacy policies and/or weak cyber security your safety is at risk.  The ongoing issues related to the Ashley Madison hack (and Adult Friend Finder) should be a wake call to everyone who accesses the Internet and digital services. While this latest hack along with previous major data breaches is very concerning, I find it very troubling that Ashely Madison intentionally misled clients about its alleged "Delete" service.  For $19, its users were intentionally misled…
  • Will The FTC Investigate the NFL's Russell Wilson for Tweet?

    26 Aug 2015 | 8:44 pm
    Social Media may be a very productive avenue to market your brand and get the word out about an advertising campaign.  Utilizing celebrities and professional athletes who have a well developed social media presence may be a successful method to create buzz about a new product or service.While engaging celebrity endorsers it is imperative that they (and their agents/agency/sponsors) are educated about the appropriate regulations that need to be followed to ensure legal compliance.  I have written about the FTC advertising regulations multiple times, here, and here for…
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