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TMT Law Watch

Features business, legal and policy developments affecting the telecom, media and technology sector. By K&L Gates.

http://www.tmtlawwatch.com

May 14
FirstNet Developments Examined in Upcoming Webcast

FirstNet Developments Examined in Upcoming Webcast

The development of FirstNet, the federal authority within NTIA tasked with building a nationwide wireless public safety broadband network, remains a key concern for industry stakeholders and first responders over a year after its creation…
Apr 26
FTC's Online Privacy Rules for Children Clarified

FTC's Online Privacy Rules for Children Clarified

By Nickolas Milonas and Marc Martin The Federal Trade Commission recently released guidance on its December 2012 updates to the Children’s Online Privacy Protection Act (COPPA). COPPA regulates the collection and use by website…
Apr 25
U.S. and EU Trade and Investment Partnership Negotiations Present Opportunities for TMT Sector

U.S. and EU Trade and Investment Partnership Negotiations Present Opportunities for TMT Sector

By Frank J. Schweitzer, Barton J. Gordon, and William A. Kirk The United States and the European Union are set to launch negotiations this summer on a comprehensive agreement covering cross-Atlantic trade and investment known as the…

Rank this Week: 2876

IP Law Chat

Covers IP, technology and media news. By Stacia Lay of Hendricks & Lewis PLLC.

http://iplaw.hllaw.com/

May 9
Ninth Circuit: Righthaven and the Mythical Calf With Five Leg

Ninth Circuit: Righthaven and the Mythical Calf With Five Leg

I have much to catch up on after my blogging hiatus due to a very busy few months but the Ninth Circuit opinion today confirming the demise of Righthaven is short and to the point and worthy of a quick mention. The gist of the case is that…
Feb 21
Seventh Circuit: "Phifty-50" Rap Duo Had Zero Chance of Success on Trademark Claim Over "50/50" Movie Title

Seventh Circuit: "Phifty-50" Rap Duo Had Zero Chance of Success on Trademark Claim Over "50/50" Movie Title

Eastland Music Group, the "proprietor" of the rap duo Phifty-50 (which according to the Seventh Circuit "has to its credit one album (2003) and a T-shirt"), successfully registered the trademark "PHIFTY-50" and also claimed a trademark in…
Feb 20
Seventh Circuit Affirms Dismissal of Invasion of Privacy and Misappropriation Claims Against Joan River

Seventh Circuit Affirms Dismissal of Invasion of Privacy and Misappropriation Claims Against Joan River

Ann Bogie attended a stand-up comedy show featuring Joan Rivers at a casino in Wisconsin. During the performance, Rivers told a joke about Helen Keller and was heckled by an offended audience member who had a deaf son. The…

Rank this Week: 2834

Legal Bytes

Covers digital advertising, new media, e-commerce and the law. By Reed Smith.

http://www.legalbytes.com

May 6
WOMD. Now Available at Your Nearby Staples!

WOMD. Now Available at Your Nearby Staples!

I read with interest, recent reports of a 3-D printed hand gun, created by Defense Distributed, being test-fired at a gun range just south of Austin, Texas. Defense Distributed, whose website bills itself as "The Home of the Wiki Weapons…
Apr 30
Useless But Compelling Facts - April 2013

Useless But Compelling Facts - April 2013

EXTRA, EXTRA ! WORLD WIDE WEB CELEBRATES BOTH A BIRTHDAY AND AN ANNIVERSARY!! In a world of “firsts,” Legal Bytes is publishing a Useless But Compelling Fact – both the Question & the Answer at the same time. We…
Apr 15
"No taxation without representation"

"No taxation without representation"

In the mid-1700s, British colonists in the 13 Colonies, which eventually became the original United States of America, began to summarize their primary grievance against British rule with the slogan, "No taxation without representation."…

Rank this Week: 2829

Harvard Law & Policy Review Blog

Explores law and policy from new angles, and aims to make unique contributions to discussions unfolding in the national media, local news, and the blawgosphere. Bloggers are progressive law students and lawyers from around the country. The Harvard Law & Policy Review is the official journal of the American Constitution Society.

http://hlpronline.com

Apr 30
Hawaii reporter’s shield bill would protect a narrow class of traditional outlets, journalist

Hawaii reporter’s shield bill would protect a narrow class of traditional outlets, journalist

Follow me @jonathanwpeters on Twitter. A panel of Hawaii lawmakers approved last week a reporter’s shield bill that would eliminate all protections for free newspapers and magazines and for newspapers that distribute content…
Apr 6
Panel 3: The Future of Law and Policy

Panel 3: The Future of Law and Policy

2:20 — Jacqui Bowman of Greater Boston Legal Services kicks off the final panel of the day with a picture of a day at GBLS. 2:24 — Bowman: GBLS makes difficult choices between serving people in dire circumstances, gives example of…
Apr 6
HLPROnline Symposium, Keynote Address: Lessons from Gideon and The Struggle for Access to Justice, by Gene Nichol

HLPROnline Symposium, Keynote Address: Lessons from Gideon and The Struggle for Access to Justice, by Gene Nichol

1:50: Gene Nichol, setting a modest tone for his address: “If George Bush taught us anything, it’s the importance of diminished expectations.” 1:52: Nichol won’t be measuring things, “The bigger I get, the less…

Rank this Week: 2588

Center for Democracy and…

Center for Democracy and Technology

News and commentary from the Center for Democracy and Technology, which works to promote democratic values and constitutional liberties in the digital age.

http://www.cdt.org

Nov 21
EU Parliament Endorses Internet Openness, Transparency Ahead of WCIT

EU Parliament Endorses Internet Openness, Transparency Ahead of WCIT

11/22/2012 Author: Ellery Roberts Biddle
Nov 21
Decentralized Approach Needed to Protect Personal Health Data

Decentralized Approach Needed to Protect Personal Health Data

11/21/2012 Author: Meredith Whipple
Nov 19
Civil Society Speaks Out on WCIT – Will Governments Listen?

Civil Society Speaks Out on WCIT – Will Governments Listen?

11/19/2012 Guest: Matthew Shear

Rank this Week: 2506

The First: First Amendment…

The First: First Amendment Project's Weblog

Covers First Amendment Issues. From the First Amendment Project.

http://www.thefirstamendment.org/blog/

Dec 21
Hear No Evil, See No Evil, Condemn No Evil

Hear No Evil, See No Evil, Condemn No Evil

The latest issue of Index on Censorship magazine includes an interview with Jytte Klausen about her new book on the Danish cartoons crisis and why Yale University Press chose to publish it without any illustrations. Index on Censorship…
Oct 13
Ralph Lauren: Impossibly Skinny, Impossibly Fashionable

Ralph Lauren: Impossibly Skinny, Impossibly Fashionable

Yep. Believe it or not, the Ralph Lauren model above has not been manipulated. At least not by me. By Ralph's fashion empire. He placed her in a slightly different context however. Note the body types though. Spot any differences?I cannot…
Sep 7
Anonymity: Social responsibility, civility...or fear?

Anonymity: Social responsibility, civility...or fear?

An article in the New York Times, China Web Sites Seeking Users’ Names, reveals a new intrusion by Chinese authorities. This argument against anonymity has been made here in the United States as well. Recently Google revealed the name of a…

Rank this Week: 2521

Beyond Telecom Law Blog

Covers telecom policy, services agreements and data security/privacy. By Keller and Heckman LLP.

http://www.beyondtelecomlawblog.com

May 13
Cybersecurity Debate Continues of Privacy Concern

Cybersecurity Debate Continues of Privacy Concern

Three months have passed since the White House released its Executive Order (EO) on Cybersecurity and, as cyber attacks continue to pose an imminent threat, the focus has shifted to Congress to take legislative action. From the recent…
Mar 19
Long Overdue--Consumer-Determined Unlocking of Smartphones and Tablet

Long Overdue--Consumer-Determined Unlocking of Smartphones and Tablet

As reported recently by Ezra Klein, a groundswell of support has coalesced for unlocking cell phones with the White House joining the fray aligned against the wireless carriers. The wireless industry offers several justifications, but relies…
Mar 7
Telecom Policy Projections for 2013 and 2014--Wireline Services and Enterprise Customer

Telecom Policy Projections for 2013 and 2014--Wireline Services and Enterprise Customer

Several matters before the FCC could have substantial dollar and technology impacts for enterprise customers. The FCC’s special access services and USF contribution reform proceedings could significantly affect pricing for…

Rank this Week: 3182

The Sports & Entertainment Law…

The Sports & Entertainment Law Playbook.

Discusses current legal topics in the media, sports, and entertainment industries. By Joseph A. Bahgat.

http://www.sportsandentertainmentlawplaybook.com/

May 10
Could This Mean the End of Porno-Trolling Copyright Litigation?

Could This Mean the End of Porno-Trolling Copyright Litigation?

Earlier this week, U.S. District Judge Otis D. Wright II, from the Central District of California, delivered a shot heard round the legal world, when he issued an 11-page opinion & order condemning the four attorneys who are principally…
Apr 29
NJ Court Rules In Favor of Copyright Troll

NJ Court Rules In Favor of Copyright Troll

For a while, it's seemed like the tides had turned on copyright trolls, as federal court judges appear to be more and more skeptical of the (lack of) merits to the concept and strategy behind mass copyright litigation. But a recent decision…
Apr 5
ESPN Says Rutgers AD Tim Pernetti is Out

ESPN Says Rutgers AD Tim Pernetti is Out

ESPN is now reporting that Rutgers Athletic Director Tim Pernetti has been fired for his handling of the Mike Rice disciplinary procedure. Stay tuned...

Rank this Week: 3591

Business, Entertainment, Sports &…

Business, Entertainment, Sports & Technology (B.E.S.T.) Law Blog

Covers business, copyright, entertainment, IP and technology law. By ARC Law Group.

http://best.arclg.com/

May 8
ARC Law Group: April Newsletter

ARC Law Group: April Newsletter

Welcome to the month of May. Graduation season is here, and Jeff and I would like to send out big congratulations to law clerks Katherine West, Will Dugoni and Ben Shaw. Enjoy the ceremony, the party and the short break…and then get…
May 6
The Legal Ethics of Podcasting

The Legal Ethics of Podcasting

by Leslie O'Callaghan The following article discusses the various legal issues related to online advertising for lawyers.. I. Introduction Radio and television advertising has often been mocked as sensationalist and dramatic. Although these…
May 1
Podcast: Business Entitie

Podcast: Business Entitie

Podcast: Business Entities This month on the Business Entertainment Sports and Technology Law Podcast, we get down to business with a discussion on business entities. Corporations, limited liability companies (LLC), partnerships, sole…

Rank this Week: 2972

Internet Television Law Blog

Covers the interaction between the law and the rise of internet television.

http://internet-televisionlaw.blogspot.com/

Apr 30
News Roundup - April 2013

News Roundup - April 2013

isoHunt Verdict Endangers Innovation, Google Tells Court
Mar 31
News Roundup - March 2013

News Roundup - March 2013

Online retransmission of TV programmes protected by copyright, rules CJEU
Feb 28
News Roundup - February 2013

News Roundup - February 2013

New Zealand court hands out second peppercorn downloading penalty3 million Freesat receivers now out there, and boxes to get YouTubeHargreaves supportive of Government copyright reforms but questions limitations to private copying…

Rank this Week: 3215

OberIPWatch

Covers IP issues of importance to clients in science, technology, healthcare, education, media and the arts. By Ober Kaler.

http://oberipwatch.com/

Apr 25
Cariou v. Prince: A victory for appropriation art

Cariou v. Prince: A victory for appropriation art

The United States Court of Appeals for the Second Circuit reversed a lower court opinion today in the case of Cariou v. Prince and handed another victory to the perhaps surprisingly robust world of contemporary collage artistry and…
Apr 22
Prior Art 101 for §§102 and 103

Prior Art 101 for §§102 and 103

If you read IP blogs with any regularity you no doubt know that patent reform has come courtesy of the America Invents Act (“AIA”), although the “old” patent law hasn’t really left us and won’t for quite…
Apr 12
You Bought It, Now Dispose Of It How You Please

You Bought It, Now Dispose Of It How You Please

The Supreme Court recently ruled in the case of Kirtsaeng v. John Wiley & Sons, Inc. (Docket No. 11-697) that the copyright “first-sale” doctrine trumps a copyright holder’s right to control distribution of products…

Rank this Week: 3554

Lex Ferenda

Cover cyberlaw, libraries, media and higher education. By Daithí Mac Síthigh.

http://www.lexferenda.com

Apr 17
The European Commission should ask for a refund

The European Commission should ask for a refund

I was surprised to see discussion of the Mediadem project in the Telegraph this week (picked up elsewhere although without additional information), which some of my Edinburgh colleagues have been involved in. I should say at the outset…
Mar 21
26 March: ‘The future of press regulation in Scotland’

26 March: ‘The future of press regulation in Scotland’

Note: I will be speaking at this event on the post-Leveson debate and the regulation of content on the Internet. So if you want to know my views on the whole ‘news-related material’ and ‘OMG regulating tweets!’…
Feb 22
Recommended reading, 14-20 February 2013

Recommended reading, 14-20 February 2013

News, blog posts, etc Lisa Campbell, ‘Is Netflix just a novelty?‘ (Broadcast 14 February 2013). Given my interest in VOD (primarily how it is regulated but to get there requires understanding the market), the last few weeks…

Rank this Week: 3323

Ad Briefs: Covering Your Ads

Covers legal issues affecting interactive, sports and entertainment marketing and promotions. Publsihed by Sheppard Mullin Richter and Hampton LLP.

http://www.coveringyourads.com/

Feb 5
Path/FTC Settlement - Much More Than A Slap On The Wrist

Path/FTC Settlement - Much More Than A Slap On The Wrist

By Kathryn Hines On February 1, 2012, “smart journal” application provider, Path, Inc. (“Path”) agreed to settle Federal Trade Commission (“FTC”) charges that it deceived consumers and improperly…
Jan 29
FTC Updates To Online Privacy Acts, COPPA And VPPA

FTC Updates To Online Privacy Acts, COPPA And VPPA

By Gina Ilardi The Children's Online Privacy Protection Act (“COPPA”) was enacted to place parents in control over what information is collected, used and disclosed from young children online. COPPA applies to operators of…
Oct 12
FTC Issues Revised "Green Guides"

FTC Issues Revised "Green Guides"

By Robert Magielnicki On October 1, 2012, the Federal Trade Commission issued revised “Guides For The Use Of Environmental Marketing Claims” – the “Green Guides,” 16 CFR Part 260. The Green Guides originally were issued in 1992 and…

Rank this Week: 3190

Data Protection, Privacy and Tech…

Data Protection, Privacy and Tech Law in Asia

Covers privacy and data protection law in Asia, and from time to time, things in the technology, telecoms and mobile space. By Derek Ho.

http://privacyasia.blogspot.com/

Nov 26
Singapore: Computer Misuse and Cybersecurity Act (Part II)

Singapore: Computer Misuse and Cybersecurity Act (Part II)

This is part II of my post on the proposed changes to the Computer Misuse Act (which will be known as the Computer Misuse and Cybersecurity Act after the changes). Active Defence
Nov 25
Singapore: Computer Misuse and Cybersecurity Act (Part I)

Singapore: Computer Misuse and Cybersecurity Act (Part I)

This is a bit overdue but better late than never.
Oct 3
Asia Privacy Newsbites, October 3

Asia Privacy Newsbites, October 3

A round-up of privacy news in Asia during the week. Malaysia: The Star reports that "enforcement details" of Personal Data Protection Act may come out in November

Rank this Week: 3075

Media Beak

Covers media law, ethics and intellectual property law. By Ed Forbes.

http://mediabeak.blogspot.com/

Jul 19
Today in Parliament - Time to get Hackgate into perspective

Today in Parliament - Time to get Hackgate into perspective

So the Spanish Inquisition that was today's Parliamentary Inquiry did not end in blood letting, dramatic revelations or anything significantly new. The highlight was provided by some lesser known 'comedian' and Wendi Deng's swift defence of…
Jul 18
Hacking: when the hunters become the hunted

Hacking: when the hunters become the hunted

On the eve of the blood-letting that will be attempted in Parliament tomorrow there is no let-up in the momentum of mud-slinging by politicians trading outrage over what was a phone hacking scandal but has now become a melting-pot for the…
Jun 1
The Sun keeps up the pressure to get bonking banker injunction lifted

The Sun keeps up the pressure to get bonking banker injunction lifted

Fair play to The Sun (+ of course legal team) who continue to put pressure on the High Court - or as it happens Mr Justice Tugendhat - to remove the rest of the discredited superinjunction that sought to cover up Fred the Bed, the Shred, the…

Rank this Week: 3081

The M.E.L.O.N. Feed

Covers multimedia and entertainment law news. By Berman Entertainment & Technology Law.

http://beatblog.typepad.com/melon/

Oct 28
Tony Berman to speak on a panel at the Audio Engineering Conference

Tony Berman to speak on a panel at the Audio Engineering Conference

Tony Berman will be speaking on a panel at the 129th Audio Engineering Conference on Sunday, November 7th from 9:00am - 10:30am room 132 at Moscone Center, San Francisco. The panel will be discussing the current state of digital…
Jul 23
Agreeing to License: How Do I Get Out Of This Mess? – License Duration and Termination

Agreeing to License: How Do I Get Out Of This Mess? – License Duration and Termination

by Mark A. Pearson, Esq. The following is the third in a series of articles that will try and explain some of the pros and cons of entering into a licensing agreement in today’s entertainment industry.
Jul 7
Q & A: Google’s Landmark Victory over Viacom

Q & A: Google’s Landmark Victory over Viacom

by Tony Berman with contributions by Simone Chen

Rank this Week: 3146

Media and Communications Policy

Covers First Amendment and communication policy issues. By the Media Institute.

http://www.mediacompolicy.org/

May 9
Putting a Coda to the Myth of That YouTube Video

Putting a Coda to the Myth of That YouTube Video

The congressional Benghazi hearings may leave room for debate about why the Administration acted as it did before, during, and after the tragedy, but they surely put to rest any lingering claims that the attack was a consequence of that…
May 8
Facebook Jumps Into the Political Fray

Facebook Jumps Into the Political Fray

The resolution of the flap over campaign ads paid for by a group (Fwd.us) funded by some leading tech barons, most notably Facebook’s Mark Zuckerberg, is going to be revealing of many things. Perhaps for the first time the tech industry…
May 2
Blessings Amid the Gloom

Blessings Amid the Gloom

Just as men don’t live by bread alone, bloggers too are people of many parts. Which is why I give you the following, all courtesy of YouTube. Robby Firman, age 7, a contestant on “Britain’s Got Talent,” who…

Rank this Week: 4163

Broadband Law Advisor

Provides insight and information on the FCC's National Broadband Plan. By Davis Wright Tremaine LLP.

http://www.broadbandlawadvisor.com/

Apr 29
FCC to Study Pole Attachment Costs to Spur Gigabit Deployment

FCC to Study Pole Attachment Costs to Spur Gigabit Deployment

At last month’s Broadband Acceleration Initiative workshop, outgoing FCC Chairman Genachowski announced that the FCC would soon release a notice launching an inquiry into pole attachment costs as part of its effort to further reduce…
Apr 19
Disputes Over MDU Access Persist

Disputes Over MDU Access Persist

You would be forgiven if you thought the status of exclusive agreements for exclusive broadband cable service to “multiple dwelling units” such as condominiums and planned communities (MDUs) was settled. In 2007, the Federal…
Apr 18
Regional Transmission Organizations Can Be a Bellwether for Wireless Attachers on Transmission Tower

Regional Transmission Organizations Can Be a Bellwether for Wireless Attachers on Transmission Tower

Throughout the nation, wireless carriers attach their facilities to electric transmission towers, despite the fact that they do not have statutory rights to do so. The rights of wireless carriers to attach to electric facilities…

Rank this Week: 4443

Television, Film & Music Law Blog

Covers legal issues and legal developments affecting television, film and music production. By Nissenbaum Law Group, LLC.

http://www.filmproductionlawblog.com/

Apr 29
Does Interference with Someone Filming a Documentary About Police Interaction with Gang Members in Public Violate the Rights Afforded to that Person Under the NJ or the U.S. Constitutions?

Does Interference with Someone Filming a Documentary About Police Interaction with Gang Members in Public Violate the Rights Afforded to that Person Under the NJ or the U.S. Constitutions?

In September 2012, the Appellate Court of New Jersey held that “the right to engage in news gathering for the purposes of creating a documentary concerning a matter of public interest is protected by the First Amendment and the New...
Sep 19
May a Principal Officer be Held Liable for Corporate Actions?

May a Principal Officer be Held Liable for Corporate Actions?

Should a principal corporate officer be able to avail himself of the corporation’s liability shield which would protect his personal assets from suits arising from actions taken in his corporate capacity? When should a principal officer be…
Aug 14
Is a Broadcast Television Network Liable When it Broadcasts an Alleged False Story about Someone Without Verifying the Validity of the Statements?

Is a Broadcast Television Network Liable When it Broadcasts an Alleged False Story about Someone Without Verifying the Validity of the Statements?

According to a pending California lawsuit, the American Broadcasting Companies (“ABC”) published an allegedly false depiction of Colorado resident David Williams’ (“Williams”) online relationship with former lover Kelley Cahill…

Rank this Week: 3686

Watching the Connectives

Covers telecoms and technology. By Olswang.

http://robbratby.com/

Apr 11
Myanmar announces 12 Pre-Qualified Applicants for telecoms licence

Myanmar announces 12 Pre-Qualified Applicants for telecoms licence

Following its evaluation of applications, the Government of Myanmar today announced 12 pre-qualified applicants for the two national telecoms licences being allocated by tender. The applicants can either be individual companies or consortia.…
Apr 1
Singapore adopts 10 year master plan to become IP Hub for Asia

Singapore adopts 10 year master plan to become IP Hub for Asia

On 1 April the government of Singapore adopted a ‘Intellectual Property (IP) Hub Master Plan: Developing Singapore as a Global IP Hub in Asia’. Despite the date, this is emphatically no joke. The plan helpfully…
Mar 13
Myanmar to increase international investor protection

Myanmar to increase international investor protection

International arbitration to provide unbiased disputed resolution mechanism for international investors Myanmar’s long isolation from the international community has meant that it has lacked many of the protections available to…

Rank this Week: 4797

TelecomMediaTech Law Blog

Covers telecommunications, media and technology law and policy. By Rini Coran, PC.

http://www.telecommediatechlaw.com

Dec 17
FCC's Outage Reporting Rules Take Effect for Interconnected VoIP Service

FCC's Outage Reporting Rules Take Effect for Interconnected VoIP Service

In the aftermath of Hurricane Sandy and other recent natural disasters, there is increasing focus on how communications networks weather these storms. In addition to significant, sometimes catastrophic, harm to life and property, severe…
Dec 13
Will the FCC and the FAA Allow Expanded Use of Wireless Devices on Airplanes?

Will the FCC and the FAA Allow Expanded Use of Wireless Devices on Airplanes?

Here’s an important announcement for gadget-laden air travelers: Federal Communications Commission Chairman Julius Genachowski reportedly has asked the Federal Aviation Administration to “enable greater use of tablets, e-readers,…
Aug 2
TV Station Public Files Go Online for Inspection

TV Station Public Files Go Online for Inspection

Today is the effective date for the FCC's rules requiring TV broadcasters to post their local public inspection file online at a site maintained by the FCC. Late last week, the court denied broadcasters' request for a stay of this deadline.…

Rank this Week: 4079

Tom Buscaglia: The Game Attorney

Covers computer game and technology law.

http://gameattorney.com/blog

Jan 29
Don’t Tread on Spry Fox!

Don’t Tread on Spry Fox!

My law clerk, Andrew Berrier, sent me an email last week asking what one could do if a client came in with a complaint similar to Nimblebit’s outrage at the cloning of its Tiny Tower by Zynga. As General Counsel for indie developer Spry…
Oct 5
IGDA Foundation Charity Dinner to Feature John Romero and David Jaffe

IGDA Foundation Charity Dinner to Feature John Romero and David Jaffe

The Second Annual IGDA Foundation Charity Dinner will be on the evening of Thursday, October 27th at the Sheraton Gateway Hotel, LAX, in Los Angeles, in conjunction with this year’s IGDA Leadership Forum. This year John Romero will be…
Sep 9
Hey Indie…Head’s UP, You have a Target on Your Back!

Hey Indie…Head’s UP, You have a Target on Your Back!

While you have been buried deep in your design, code and art for your game, dark forces have been gathering - planning your enslavement. Notch’s success with Minecraft got a lot of attention. And not just from the gamer community but also…

Rank this Week: 3667

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