Posted on May 15th, 2013 by Derek Bambauer
Jane and I are in Arlington, Virginia, for a conference on Competition Policy in Search and Social Media at George Mason University. Jane, Neil Richards, Dawn Nunziato, and Stuart Benjamin will discuss the interplay of the First Amendment, regulation, and search / social media. I expect an entertaining fight over whether search results are speech, [...]
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Filed under: Court Decisions, Digital Media, First Amendment, FTC, Google, Intermediaries, Internet & Society, Law School, Politics, Scholarship, Search Engines, Social Networking, Software
Posted on January 25th, 2013 by Derek Bambauer
The lawsuit against scumbag Web site Texxxan.com has generated attention to the problem of revenge porn, and to the paucity of legal remedies available to victims of it. Danielle Citron has two excellent posts over at Concurring Opinions analyzing the relevant statutory block, 47 U.S.C. 230, and the few cases that cut through its immunity. [...]
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Filed under: Anonymity, Blogging, Copyright, Court Decisions, Digital Media, Intermediaries, Internet & Society, Law School, Media, Peer Production, Privacy, Scholarship, Social Networking
Posted on January 24th, 2013 by Derek Bambauer
Because DVD ripping is illegal if you bypass DRM. Which, most of the time, you have to.
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Filed under: Computer crime, Copyright, Digital Media, Education & Copyright, Encryption, Intermediaries, Internet & Society, Media, RIAA, Security, Software, Video
Posted on December 17th, 2012 by Derek Bambauer
The Center for Individual Freedom has just published a paper by three RIAA lawyers that purports to develop a natural rights theory and history of copyright. The paper is short (6 pages long), which appears to be its only valuable quality. I’ll set out a brief critique below, but first I want to note that [...]
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Filed under: Copyright, Court Decisions, Digital Media, Education & Copyright, Internet & Society, Law School, Music, Politics, RIAA, Scholarship
Posted on December 15th, 2012 by Derek Bambauer
I talked with Lifehacker’s IP guru Adam Dachis about the closure of several Usenet indexing services, including NZBMatrix. NZBMatrix threw in the towel after coming under twin pressures: a flood of DMCA notices related to links pointing to allegedly infringing content, and difficulty navigating the requirements of service providers such as PayPal. It’s the latest [...]
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Filed under: Anonymity, Copyright, Digital Media, Education & Copyright, Google, Intermediaries, international, Internet & Society, Media, Politics, RIAA, Search Engines, Software
Posted on October 24th, 2012 by Derek Bambauer
The final version of Orwell’s Armchair, 79 University of Chicago Law Review 863 (2012) , is available on-line (and in print, for those of you who roll old-school). Here’s the abstract: America has begun to censor the Internet. Defying conventional scholarly wisdom that Supreme Court precedent bars Internet censorship, federal and state governments are increasingly [...]
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Filed under: Copyright, Digital Media, Filtering, First Amendment, Intermediaries, Internet & Society, Network Neutrality, Politics, RIAA, Scholarship, Search Engines
Posted on October 22nd, 2012 by Derek Bambauer
The Daily Illini has a great piece about Jason Mazzone‘s analysis of an underappreciated problem: what happens to your Facebook content when you die? At the moment, the answer depends on an unpredictable hodgepodge of state probate law, private law via the social network’s Terms of Service, and the decedent’s foresight in providing her heirs [...]
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Filed under: Copyright, Digital Media, Intermediaries, Internet & Society, Media, Privacy, Social Networking, Software
Posted on September 11th, 2012 by Derek Bambauer
When I teach Internet Law, I joke that banning child pornography is straightforward since there isn’t a pro-kid porn lobby (unlike, say, banning copyright infringement or adult pornography). I stand corrected: Rick Falvinge, founder of Sweden’s Pirate Party, has taken up the pro-legalization cause. (Interesting choice as a policy focus, but to each their own.) [...]
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Filed under: Computer crime, Court Decisions, Digital Media, Education & Copyright, Filtering, First Amendment, Google, Intermediaries, international, Internet & Society, Media, Music, Politics
Posted on September 10th, 2012 by Derek Bambauer
I’m answering questions about Internet Law for the next hour or so at Lifehacker. Fire away!
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Filed under: Blogging, Copyright, Court Decisions, Digital Media, Internet & Society, Media, Music, Peer Production, RIAA, Social Networking
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