Posted on August 14th, 2012 by Derek Bambauer
Soon, major ISPs will be rolling out a “copyright education” program intended to deter infringement. The program, colloquially called “six strikes,” was negotiated between ISPs and the content industries – most notably the RIAA and MPAA. In addition, however, the Obama administration was heavily involved in the negotiations – primarily, it appears, on the side [...]
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Filed under: civil procedure, Copyright, Court Decisions, Digital Media, Education & Copyright, Intermediaries, Internet & Society, ISP, RIAA
Posted on January 16th, 2012 by Derek Bambauer
Thanks to Danielle and the CoOp crew for having me! I’m excited. Speaking of exciting developments, it appears that the Stop Online Piracy Act (SOPA) is dead, at least for now. House Majority Leader Eric Cantor has said that the bill will not move forward until there is a consensus position on it, which is to [...]
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Filed under: civil procedure, Copyright, Digital Media, Filtering, First Amendment, Google, Intermediaries, international, Internet & Society, Network Neutrality, Politics, RIAA, Scholarship, Search Engines
Posted on November 27th, 2011 by Derek Bambauer
Imagine that Ron Wyden fails: either PROTECT IP or SoPA / E-PARASITE passes and is signed into law by President Obama. Advocacy groups such as the EFF would launch an immediate constitutional challenge to the bill’s censorship mandates. I believe the outcome of such litigation is far less certain than either side believes. American censorship [...]
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Filed under: Blogging, civil procedure, Copyright, Court Decisions, Encryption, Filtering, First Amendment, Intermediaries, international, Internet & Society, ISP, Open Access, Politics, RIAA, Scholarship, Security, Software
Posted on November 17th, 2011 by Derek Bambauer
Yesterday, the House of Representatives held hearings on the Stop Online Piracy Act (it’s being called SOPA, but I like E-PARASITE tons better). There’s been a lot of good coverage in the media and on the blogs. Jason Mazzone had a great piece in TorrentFreak about SOPA, and see also stories about how the bill [...]
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Filed under: civil procedure, Copyright, Digital Media, Education & Copyright, Filtering, First Amendment, Google, Intermediaries, Internet & Society, ISP, Media, Music, Politics, RIAA, Scholarship, Search Engines, Video
Posted on November 5th, 2011 by Derek Bambauer
The House of Representatives is considering the disturbingly-named E-PARASITE Act. The bill, which is intended to curb copyright infringment on-line, is similar to the Senate’s PROTECT IP Act, but much much worse. It’s as though George Lucas came out with the director’s cut of “The Phantom Menace,” but added in another half-hour of Jar Jar [...]
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Filed under: civil procedure, Copyright, Court Decisions, Digital Media, Filtering, First Amendment, Google, Intermediaries, Internet & Society, ISP, Media, Music, Politics, RIAA, Scholarship, Search Engines, Social Networking, Software, Video
Posted on October 4th, 2011 by Derek Bambauer
If you’re an on-line poker player, a fan of the Premier League, or someone who’d like to visit Cuba, you probably already know this. Most people, though, aren’t aware that America censors the Internet. Lawyers tend to believe that a pair of Supreme Court cases, Reno v. ACLU (1997) and Ashcroft v. ACLU (2004), permanently [...]
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Filed under: civil procedure, Copyright, Digital Media, Filtering, First Amendment, Intermediaries, Internet & Society, ISP, Media, Network Neutrality, Politics, RIAA, Scholarship
Posted on September 26th, 2011 by Derek Bambauer
My friend and colleague Anita Bernstein has a great new article up on SSRN, Toward More Parsimony and Transparency in “The Essentials of Marriage.” I particularly like the piece’s emphasis on transparency; marriage seems especially vulnerable to having moral preferences disguised in seemingly neutral laws. Well worth a read! Here’s the abstract: Written for a [...]
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Filed under: civil procedure, Court Decisions, First Amendment, Law School, Politics, Scholarship
Posted on August 12th, 2011 by Derek Bambauer
Eric Goldman points to a highly enjoyable filing by one David Stebbins against Google, claiming he has won an arbitration award of, wait for it, $500 billion. Even with the tax cuts still in effect, I assume that the government’s cut of this award will help the deficit a good deal. How did Stebbins win [...]
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Filed under: Blogging, civil procedure, Court Decisions, Google, Intermediaries, Peer Production, Search Engines, Video
Posted on July 20th, 2011 by William McGeveran
James Grimmelmann, the guru of all things Google Books, reported in a blog post that yesterday’s status conference in the case was relatively uneventful save for two developments. For one, it sounds like Judge Chin is irritated with the parties. He noted that the case is six years old and threatened to set a “relatively [...]
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Filed under: Books, civil procedure, Copyright, Court Decisions, Digital Media, Google, Search Engines
Posted on June 21st, 2011 by William McGeveran
Perhaps lost in all the understandable attention to yesterday’s Supreme Court decision in the Wal-Mart class action case, the Court also granted cert. in a potentially significant privacy law case, FAA v. Cooper. SCOTUSBlog has collected the documents in the case here. The formal question presented in the case is: Whether a plaintiff who alleges [...]
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Filed under: civil procedure, Court Decisions, Privacy