Media Law

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  • 'Grand Theft Auto' Maker Fires Back at Lindsay Lohan's Publicity Lawsuit

    Hollywood Reporter - THR, Esq.
    Austin Siegemund-Broka
    26 Nov 2014 | 12:53 pm
    Plus, a new lawsuit over a video game featuring General George S. Patton read more
  • The Meaning of "Parody" Under the "InfoSoc" Directive

    Media Law Prof Blog
    Media Law Prof
    25 Nov 2014 | 12:39 pm
    Eleonora Rosati, University of Southampton School of Law, is publishing Just a Matter of Laugh? Why the CJEU Decision in Deckmyn is Broader than Parody in the Common Market Law Review (2015). Here is the abstract. On 3 September 2014...
  • California Highway Patrol Nude Photo Theft Scandal May Create Hundreds of Millions In Legal Liability

    Shear on Social Media Law
    27 Oct 2014 | 6:46 am
    The Contra Costa Times is reporting that a California Highway Patrol officer has been "accused of stealing nude photos from a DUI suspect's phone" and "that he and his fellow officers have been trading such images for years."  This behavior is not only very troubling, it may violate multiple federal and state computer theft laws and may even trigger California's revenge porn statute.  The Contra Costa Times further states, "[i]n the search warrant affidavit [for the matter], senior Contra Costa district attorney inspector Darryl Holcombe wrote that he found probable cause to show…
  • Last Call? Another Court Denies Class Cert in Skinnygirl Margarita Case

    Seller Beware Blog
    Neil Rosenbaum
    5 Nov 2014 | 9:23 am
    Last summer, we blogged about a New Jersey federal court that refused to allow two women who purchased Skinnygirl margaritas to bring claims on behalf of everyone else who purchased the same margaritas in 43 states and the District of Columbia.  That court explained that it could not certify such a class because Skinnygirl purchasers were unlikely to have kept receipts and there were no other objective records of their purchases.  This past Thursday, a federal court in Illinois came to the same conclusion, and refused to certify similar Skinnygirl margaritas claims that were…
  • Lawsuit Challenging California’s New Egg Regulation Not All It Was Cracked Up To Be

    Seller Beware Blog
    Neil Rosenbaum
    7 Nov 2014 | 6:42 am
    The hopes of Missouri Attorney General Chris Koster were shattered last month when a federal court dismissed his lawsuit challenging a new California law regulating the production of eggs.  On October 2, Judge Kimberly Mueller of the Eastern District of California dismissed the claims of six states challenging California’s Proposition 2 (A.B. 1437), which requires that farmers who sell eggs in California provide their hens with room to stand up, lie down, and extend their wings, all of which are supposedly impossible in widely used conventional cages.  The lawsuit (which we…
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    Media Law Prof Blog

  • The Meaning of "Parody" Under the "InfoSoc" Directive

    Media Law Prof
    25 Nov 2014 | 12:39 pm
    Eleonora Rosati, University of Southampton School of Law, is publishing Just a Matter of Laugh? Why the CJEU Decision in Deckmyn is Broader than Parody in the Common Market Law Review (2015). Here is the abstract. On 3 September 2014...
  • Online Content Distribution and Unfair Trading

    Media Law Prof
    25 Nov 2014 | 12:30 pm
    Katri Havu, University of Helsinki, is publishing Unfair Commercial Contracts and Online Content Distribution: Insights into Problems, Regulation and Potential of European Harmonization in Tidskrift utgiven av Juridiska Föreningen i Finland, 6/2014 (forthcoming). Here is the abstract. Commercial online content...
  • The European Data Protection Directive and Media Expression

    Media Law Prof
    25 Nov 2014 | 12:26 pm
    David Erdos, University of Cambridge Faculty of Law, has published Fundamentally Off Balance: European Union Data Protection Law and Media Expression as University of Cambridge Faculty of Law Research Paper No. 42/2014. Here is the abstract. The European Data Protection...
  • Re-Analyzing Copyright and Creators' Interests Using Bourdieu's Analytical Framework

    Media Law Prof
    24 Nov 2014 | 12:49 pm
    Martin Senftleben, VU University Amsterdam Faculty of Law, has published Copyright and Creators' Interests – Rights and Remuneration in the Light of Bourdieu's Analysis of the Field of Literary and Artistic Production. Here is the abstract. The present copyright system...
  • The European Court of Human Rights and Violent Advocacy Jurisprudence

    Media Law Prof
    24 Nov 2014 | 12:45 pm
    Andrew Dyer, University of Sydney, Faculty of Law, is publishing Freedom of Expression and the Advocacy of Violence: Which Test Should the European Court of Human Rights Adopt? in the Netherlands Quarterly of Human Rights (2015). Here is the abstract....
 
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    Seller Beware Blog

  • Lawsuit Challenging California’s New Egg Regulation Not All It Was Cracked Up To Be

    Neil Rosenbaum
    7 Nov 2014 | 6:42 am
    The hopes of Missouri Attorney General Chris Koster were shattered last month when a federal court dismissed his lawsuit challenging a new California law regulating the production of eggs.  On October 2, Judge Kimberly Mueller of the Eastern District of California dismissed the claims of six states challenging California’s Proposition 2 (A.B. 1437), which requires that farmers who sell eggs in California provide their hens with room to stand up, lie down, and extend their wings, all of which are supposedly impossible in widely used conventional cages.  The lawsuit (which we…
  • Last Call? Another Court Denies Class Cert in Skinnygirl Margarita Case

    Neil Rosenbaum
    5 Nov 2014 | 9:23 am
    Last summer, we blogged about a New Jersey federal court that refused to allow two women who purchased Skinnygirl margaritas to bring claims on behalf of everyone else who purchased the same margaritas in 43 states and the District of Columbia.  That court explained that it could not certify such a class because Skinnygirl purchasers were unlikely to have kept receipts and there were no other objective records of their purchases.  This past Thursday, a federal court in Illinois came to the same conclusion, and refused to certify similar Skinnygirl margaritas claims that were…
  • Voters and Legislators Consider Requirements for Labeling Genetically Modified Foods

    Neil Rosenbaum
    29 Oct 2014 | 12:03 pm
    Food labeling is on state ballots in the West again this November.  This year, it is Oregon and Colorado after similar initiatives failed in California and Washington. Most crops and many manufactured food products in the U.S. contain modified genetic material (“GM”).  This includes 80-90% of certain foods grown in the United States, which are sometimes modified to be more tolerant of herbicides applied in the field.  There are no federal labeling requirements for foods with GM.  To the contrary, the FDA concluded in 1992 that it “had no basis for…
  • FTC Alleges Bitcoin-Mining Ads Were More Than a Bit Misleading

    Neil Rosenbaum
    15 Oct 2014 | 12:57 pm
    On September 23, a federal court in Missouri granted a Federal Trade Commission (“FTC”) request to freeze the assets of Butterfly Labs, a company specializing in Bitcoin-mining computers.  “Bitcoin mining” is the use of a particular type of computer software to solve difficult math problems that require significant processing power, which results in issuance of “Bitcoins” or virtual, software-based currency.   According to the FTC, Butterfly Labs marketed its products and services mainly through online advertising, touting the power of its computer equipment and the…
  • Fashion Faux Pas? Lawsuits Challenge Pricing and Practices at Outlet Stores

    Neil Rosenbaum
    8 Oct 2014 | 10:21 am
    Even in the age of online shopping, outlet malls and brick-and-mortar factory stores have remained hot shopping destinations and successful options for luxury and mainstream designers alike.  But several major retailers—including Nordstrom, Michael Kors, and The Gap—have recently been hit with class action lawsuits alleging that they employ deceptive and misleading practices at their retail outlet and factory store locations.  We’ve counted eleven such class action lawsuits have been filed in state and federal courts in California and New York since July of this year. The…
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    Media & Communications Policy

  • The Gruber Videos and the Future of Journalism

    Patrick Maines
    19 Nov 2014 | 10:39 am
    Very few people (outside of those who wish them ill) have commented on the lack of substantial, and politically even-handed, reporting by the mainstream media (MSM). Most of the White House press corps has been reduced, during the Obama years, to a gaggle of superficial chroniclers of whatever spin the White House puts on policy issues and national affairs generally.  Nor is the conduct of the White House press corps the only evidence of the journalistic failings of the mainstream media. The Jonathan Gruber videos, in which his nibs brags of his cleverness in deceiving the public and…
  • FCC’s Net Neutrality Plan Is Another Step in the Regulation of Speech

    Patrick Maines
    6 Nov 2014 | 7:27 am
    So the latest development on the speech regulation front is Federal Communications Commission (FCC) Chairman Tom Wheeler’s rumored plan to create a “hybrid” regulatory structure in the name of “net neutrality,” the condition which, as it happens, has already been attained. Under Wheeler’s plan, Internet regulation would be split between a highly regulated back end, where content providers deal with Internet service providers (ISPs), and a more lightly regulated front end, where consumers get their content from ISPs.  This, so it’s said, is a way to get around the decision of a…
  • Free Speech Week: Not a Moment Too Soon

    Patrick Maines
    18 Oct 2014 | 7:25 am
    With two and a half months still to go, 2014 has been one of the toughest years on record for freedom of speech in the USA. In February, for instance, two “climate change” groups collected 110,000 names on a petition they then sent to the Washington Post.  The petition demanded that the Post stop publishing “editorial content denying climate change.”  In a press release issued by one of the groups, columnists George Will, Charles Krauthammer, and the Volokh Conspiracy blog were singled out by name as “climate change deniers.” Happily, the petition went nowhere, though the Los…
  • ‘Freedom From Speech’

    Patrick Maines
    22 Sep 2014 | 12:48 pm
    Evidence that the human race is not yet won, as a former colleague used to say, is coming in the windows.  From murder in the name of religion, to widespread crime, greed, and violence, to the bottoming of popular culture, it’s pretty clear that this is not mankind’s finest hour.  But enough about mankind, generally speaking. The subject of today’s tutorial is that little slice of homo erectus living in the USA, and practicing the politics of proto-fascism.  And who are such people, you wonder?  Well, they’re to be found among  activists, journalists, college professors;…
  • ProPublica and the Problem With Journalism

    Patrick Maines
    21 Aug 2014 | 12:34 pm
    It’s symptomatic of the syndrome: So many people who presume to speak for and about journalism’s shortcomings misdiagnose both the problem and its solutions.  So it is that individuals of a certain mindset promote the idea that “corporate influence” is a problem, and nonprofit media are an answer. One of the most prominent purveyors of the wrong stuff is the Pulitzer Prize-winning ProPublica, the nonprofit “newsroom” that produces investigative journalism “in the public interest.” ProPublica has received funding from such birds of a feather as George Soros and the Knight…
 
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    media law news - Google News

  • Social media and the law: tips for businesses - The Guardian

    27 Nov 2014 | 7:50 am
    The GuardianSocial media and the law: tips for businessesThe GuardianAdditionally, there are legal restrictions to use images that are posted online, e.g. by the terms of the platform and by law. Having said this, however, there is always the risk that someone misuses images that are posted online, even if it is not
  • Panel: Checking Social Media Can Help Employers, but Law Is Ambiguous - Bloomberg BNA

    26 Nov 2014 | 10:15 am
    Panel: Checking Social Media Can Help Employers, but Law Is AmbiguousBloomberg BNAAlthough some employers find it useful or even necessary to monitor the social media activities of employees and job candidates, there is still little guidance about what's advisable or legal, panelists said Oct. 15 at a discussion hosted by the
  • Swanson's Law and Making US Solar Scale Like Germany - Greentech Media

    25 Nov 2014 | 11:17 am
    Greentech MediaSwanson's Law and Making US Solar Scale Like GermanyGreentech MediaThere is a very consistent relationship between the cost of solar PV panels and the deployment of solar PV panels. This relationship is known as Swanson's law, named for Richard Swanson, the founder of SunPower and author of a paper on this topic.and more »
  • President Obama on Ferguson Decision: 'The Media is Going to Have a ... - Variety

    24 Nov 2014 | 8:34 pm
    VarietyPresident Obama on Ferguson Decision: 'The Media is Going to Have a Variety... the law or to engage in violence,” Obama said. “I think that it's going to be very important — and I think the media is going to have a responsibility as well — to make sure that we focus on Michael Brown's parents, and the clergy, and the and more »
  • Law enforcement, media bring extra hotel business amid unease - St. Louis Business Journal (blog)

    24 Nov 2014 | 1:07 pm
    Law enforcement, media bring extra hotel business amid uneaseSt. Louis Business Journal (blog)Some area hotels could get a short-term boost from the influx of media and security to the area as the city and world await a grand jury's decision on the August shooting death of Michael Brown by Ferguson Police Officer Darren Wilson, according to a
 
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    Digital Media Law

  • It’s a Play! It’s Live Internet TV! It’s Both, and it Opens in Los Angeles on Friday

    7 Nov 2014 | 1:00 pm
    ‘The Noir Series’ harkens back to the days of live TV but presents a thoroughly modern challenge to entertainment unionsBad Medicine,' a segment from 'The Noir Series,' features a chain-smoking doctor and two disconcerting nurses. Credit: Turner Munch.Somewhat like Shimmer, Saturday Night Live’s mysterious concoction that was both a floor wax and a dessert topping, a production called The Noir Series that runs this weekend in Los Angeles manages to be both a stage play and live Internet TV. You can buy “studio audience tickets” to see the show in person at the Schkapf Theatre or…
  • 'Citizenfour' Review: Quiet Moments in a Hong Kong Hotel Room as Edward Snowden, Journalists Fight to Save Democracy

    24 Oct 2014 | 1:44 pm
    Hong Kong has been ground zero this year in the fight for freedom, with students and Occupy leaders battling police for control of the streets in a desperate campaign to maintain the Chinese territory’s relative autonomy from erosion by the central Beijing government.But the city hosted much quieter freedom fighters a year earlier, not on the streets but in the confines of an international hotel room. When journalist Glenn Greenwald and documentary film maker / journalist Laura Poitras responded to emails from an intelligence community member who identified himself at first only as…
  • An Actor's Cautionary Tale: Cancer Diagnosis and a Drawn-Out Battle Over Residuals

    14 Aug 2014 | 12:58 pm
    Actors often complain about late residuals checks, although SAG-AFTRA has cut processing delays lately. But few stories compare to the battle waged by Alex Doe (a pseudonym), a voice actor who was diagnosed with cancer in 2012 and endured a 3-1/2-year residuals runaround from Warner Bros. and SAG-AFTRA that ultimately  threatened Doe's health insurance.(Residuals are royalties that are paid to actors, writers, directors and musicians when movies and TV shows are rerun or are released in other media such as DVD or the Internet. They're not small potatoes: residuals can amount to 40…
  • Review: NudeAudio Super-M and aiia SSSSSpeaker on Kickstarter

    7 Aug 2014 | 8:28 am
    Two new Bluetooth speakers offer a great reason to jet on over to Kickstarter.The NudeAudio Super-M ($99, campaign ending on August 15) offers great sound in a package thin enough to slip in a back jeans pocket. During my recent visit to the company’s South of Market offices, a head-to-head comparison showed that the unit delivered deeper bass and higher volumes without loss of fidelity than the Jambox Mini and was more rugged.NudeAudio is the same company that offers the delightful Move S, Move M (which I reviewed last year) and Move L speakers and the Studio 5 Lightning Dock with…
  • How Do We Know Driverless Cars Are Safe? Google Says ‘Trust Us’

    1 Jul 2014 | 4:19 pm
    Driverless cars are on the road now – Google’s fleet has logged about 700,000 miles of autonomous driving – and the California DMV will be issuing regulations in a matter of weeks allowing self-driving cars to be sold to the public, possibly setting the regulatory pattern for the rest of the country (video). Google has predicted 2017 for first commercial availability, while Nissan and Mercedes say it will be 2020. The cars are highly complex systems whose sheer quantity of software surely exceeds the hundred million lines of source code in today’s non-autonomous vehicles. They weigh…
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    Shear on Social Media Law

  • Twitter's App Graph Privacy Fail Whale: Will The FTC Investigate?

    26 Nov 2014 | 1:12 pm
    Wishing everyone a Happy and Healthy Thanksgiving!  Before leaving the office for the Thanksgiving Holiday, I noticed that Twitter has made a troubling announcement about its privacy practices moving forward for its iOS and Andoid users.  According to the Wall Street Journal, "Twitter is now collecting information about the apps installed on users’ devices in order to better target and tailor advertising and other content to them."Twitter announced, "[t]o help build a more personal Twitter experience for you, we are collecting and occasionally updating the list of apps installed…
  • Supreme Court To Decide Groundbreaking Facebook Free Speech Case

    24 Nov 2014 | 8:26 am
    In general, it takes the Supreme Court years to address an issue and by the time a matter is resolved the technology utilized in the case may be obsolete.  For example, in 2010, the Supreme Court ruled on a sexting and workplace privacy case (City of Ontario, California et al v. Quon) that began in 2002.  By 2010, many employers had switched from providing pagers to smartphones to communicate with some of their employees.  While technology had greatly changed during those 8 years, the underlying issues litigated were and still are very relevant today.  A new case before…
  • Britain Jails First Revenge Porn Perp

    15 Nov 2014 | 1:54 pm
    According to The Guardian, the UK has jailed its first revenge porn perpetrator.  Luke King, 21 has been jailed for posting revenge porn online.  He was given a 12-week sentence after pleading guilty to online harassment.It appears that Mr. King had published naked photos of a woman on WhatsApp earlier this year after threatening her.  On October 13, 2014, I discussed that the UK was set to criminalize revenge porn because it is a growing problem not only in the UK but also around the world.  While a 12-week sentence may not sound like much for harassing someone online, it…
  • California Highway Patrol Nude Photo Theft Scandal May Create Hundreds of Millions In Legal Liability

    27 Oct 2014 | 6:46 am
    The Contra Costa Times is reporting that a California Highway Patrol officer has been "accused of stealing nude photos from a DUI suspect's phone" and "that he and his fellow officers have been trading such images for years."  This behavior is not only very troubling, it may violate multiple federal and state computer theft laws and may even trigger California's revenge porn statute.  The Contra Costa Times further states, "[i]n the search warrant affidavit [for the matter], senior Contra Costa district attorney inspector Darryl Holcombe wrote that he found probable cause to show…
  • TV Show Scandal Sex Tape Episode and Sextortion

    17 Oct 2014 | 6:52 am
    The TV show Scandal contains the type of story lines needed for a successful television program:  sex, scandals, beautiful people, politics, power, money, etc....  According to Wikipedia, the plot centers around, "Olivia Pope (Kerry Washington) [who] is a former White House Communications Director for the President of the United States who has left to start her own crisis management firm, Olivia Pope & Associates. Olivia has decided to dedicate her life to protecting the public images of the nation's elite but is finding that no matter how hard she tries, she cannot…
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