White Paper on Remixes

Commerce Department Releases White Paper Calling for Copyright Reform

  The Department of Commerce’s Internet Policy Task Force, comprised of representatives of the United States Patent and Trademark Office (USPTO), the National Telecommunications and Information Administration (NTIA) and other Commerce Department agencies, has released a “White Paper on Remixes, First Sale, and Statutory Damages: Copyright Policy, Creativity, and Innovation in the Digital Economy.”   The most far reaching recommondations of…

In the Courts: Scareware, Facebook Trilogy and Double-Whammy and RIP Righthaven

Ascentive Settles Scareware Class Action for $9.6MM Software vendor Ascentive, best known for its FinallyFast product, has agreed to pay $9.6 million to settle a class-action complaint that alleged it tricked consumers into believing that their computers were underperforming by providing them with free ‘diagnostic scans’ that were designed to artificially report an exaggerated number…

Top Stories of 2011

TOP STORIES OF 2011 #1  AMAZON WARS 2010 ended with the Amazon Tax in effect in three states totally approximately ten percent of the population and GDP.  With the addition of Arkansas, Calfornia, Connecticut, Illinois, Pennsylvania and Vermont the tax has some applicability in states which comprise about 1/3 of the population and GDP the…

Today on Cyber Law and Business Report: Randazza, Righthaven and Roger Williams

Today we feature famed First Amendment attorney Marc Randazza to talk about putting the nail in Righthaven’s coffin.   Righthaven’s legacy is  lawsuits generating settlements of approximately $352,500 that have now resulted in the payment of sanctions and attorneys fees to defendants of approximately $225,172.15.  (See Righthaven Lawsuits for more information.) Cyber Law and Business Reports airs…

In the Courts: Email Litigation, FTC Enforcement, Righthaven’s Losing Streak and More

Michigan Email Law Preempted Under CAN-SPAM A Michigan Federal Court dismissed a complaint under Michigan’s commercial email statute finding that it was preempted by the CAN-SPAM Act of 2003.  As interpreted, the federal law only permits state regulation dealing with material  falsity or deception in emails, but the court found that the Michigan law was…

In the Courts: Social Media in the Workplace, Righthaven, e360’s $3.00

  IN THE COURTS Judge Reinstates Workers Fired for Complaining on Facebook An administrative law judge ruled in favor of five workers who were fired for complaining about workplace conditions on Facebook. The judge concluded that “a conversation among co-workers about their terms and conditions of employment” is protected under the National Labor Relations Act regardless…

Next CLBR – ISP Graduated Response and the role of the Internet in 2012

LISTEN OTHER RECENT SHOWS Simple Mistakes Companies Make Air Date: July 13, 2011 Bennet speaks with guest Brian Benenhaley, co-founder and a member of the Board of Directors of ReachSmart Interactive and the AdDrive Affiliate Network, and the two discuss the most common legal mistakes companies make, and how to avoid them. http://www2.webmasterradio.fm/cyberlaw-and-business-report/wp-content/plugins/powerpress/FlowPlayerClassic.swf Podcast: Play in…