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Category Archives: Intellectual Property

The Law of Social Media (Part I)

Posted by glennm Jul 23, 2009 Intellectual Property, Internet, Social Media, Technology Law copyright, Facebook, social networking, Twitter, UGC
The Law of Social Media (Part I)

Informed observers should regard pronouncement of social media law as tentative. The traditional rules applicable to social interactions may apply, or may apply differently, in the context of social media. In other respects, social media may upend traditional notions of legal status and privacy.

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Challenging DMCA Conventional Wisdom

Posted by glennm May 21, 2009 Intellectual Property, Litigation, Media, Tech Policy, Technology Law copyright, DMCA
Challenging DMCA Conventional Wisdom

Most observers believe the Digital Millennium Copyright Act prohibits copying of DVDs, even for backup purposes. Now Real Networks is challenging that conventional wisdom in California.

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Social Media Rules of Engagement

Posted by glennm May 14, 2009 Intellectual Property, Social Media, Technology Law Facebook, social networking, Twitter
Social Media Rules of Engagement

Here are my six rules of engagement for social media — Twitter, Facebook, etc.– all of which can be summed up in the phrase “if you are going to do it, do it right.”

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What’s In a Name?

Posted by glennm May 5, 2009 Intellectual Property, Media, Technology Law CNet, SyFy, television, trademark
What’s In a Name?

SciFi Channel is all set to become Syfy. But no, despite what CNet News implies, it is not the lawyers’ fault.

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Who Owns Social Media UGC?

Posted by glennm Mar 15, 2009 Intellectual Property, Privacy, Social Media, Technology Law copyright, Facebook, social networking, ToS, UGC
Who Owns Social Media UGC?

Facebook was possibly wrong (although correct from a customer relationship standpoint) to argue that it needed a license from one user to display his/her content on the “Wall” of another user, even when the first person had affirmatively decided to share that UGC by posting it within Facebook.

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Reality for Real

Posted by glennm Sep 11, 2008 Intellectual Property, Internet, Technology Law Apple, content, copyright, DMCA, DRM, Real Networks
Reality for Real

Rob Glaser and company are about to launch a new software product that, if ruled lawful under the DMCA, may revolutionize movie distribution.

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What is a Market?

Posted by glennm Jul 11, 2008 Intellectual Property, International, Technology Law content, DMCA, eBay, globalization, markets, trademark
What is a Market?

Tiffany’s high-priced lawyers lost their argument that there was so much counterfeit merchandise sold on eBay the company had a legal obligation to police its auctions when a federal court rebuffed efforts to apply troubling French trademark decisions in the US.

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Business Methods Run Wild

Posted by glennm Jun 30, 2003 Intellectual Property, Tech Policy, Technology Law business method, DVDs, Netflix, patents
Business Methods Run Wild

It was bad enough with Amazon’s “one-click” patent, but now we’ve got insurance patents, order-processing patents and other patents for what are not inventions, but just ideas. Of course ideas are creative and deserve protection, but they should not be patentable.

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