THE LOWDOWN ON ELON MUSK’S EXPLOSIVE TWEET – A CRIME?

On August 7th at 12:48pm, Elon Musk tweets: “Am considering taking Tesla private at $420. Funding secured.” Tesla is the highest valued car company in the U.S. If the tweet is true, this would be one of the largest privatizations [...]

HOW THE STATUE OF LIBERTY COMBINED WITH COPYRIGHT INFRINGEMENT BRINGS GREAT PROSPERITY

Even on the surface, this is a remarkable case, just decided at the end of June. Davidson v The United States (U.S. Court of Federal Claims, No. 13-942C, 6/29/18)

The Facts:

A sculptor is hired to create a Statue of Liberty [...]

THE FUTURE OF AI FACIAL RECOGNITION TECHNOLOGY = REGULATION

High tech leaders traditionally vigorously lobby for limited government regulation of technology and instead promote the benefits of self-regulation.

However, in an unusual turn of events, Microsoft president Brad Smith wrote a [...]

HIGH RISK VENTURES: WHAT PROTECTS SASHA BARON COHEN FROM LIABILITY??

When evaluating a client’s new business venture, one of the first things a lawyer will do is consider the risk profile. If there is a high probability of being sued, then the cost of defending those suits needs to be included in [...]

OF TRADEMARKS AND OBSCENITIES

I don’t like obscenities, and I don’t speak obscenities, but the right to use obscenities hits on a fundamental right that Americans hold dear. 

As background, first came the US Supreme Court decision in June 2017 in Matal v. Tam [...]

THE END OF WHOIS AS WE KNOW IT

WHOIS is lining up to be the first victim of the General Data Protection Regulation (GDPR). It may soon be no more. 

The Internet Corporation for the Assigned Names and Numbers (ICANN) is the international non-profit organization [...]

YOUR COPYRIGHT CAN BE ASSIGNED WITHOUT YOUR KNOWLEDGE??

It’s black letter U.S. copyright law that an assignment of copyright must be in writing.  Section 204(a) of the Copyright Act provides that “a transfer of copyright ownership, other than by operation of law, is not valid unless [...]

GUIDE TO NEGOTIATING AN IP INFRINGEMENT INDEMNITY CLAUSE

If you are a vendor of software, online (SaaS) services, content of any kind, or anything else that can be the subject of an intellectual property infringement claim, then sooner or later (probably sooner), your customers will [...]

SOURCE CODE ESCROW FOR SAAS – FRIEND OR FOE?

Source code escrows have always been a bit of a strange beast. Though, the idea is simple enough: if there is a vendor meltdown for mission critical software, then the licensee gets a delivery of the source code in order to [...]

ANHEUSER-BUSCH STUMBLES OVER USER-GENERATED CONTENT

Much of the Internet is filled with user-generated content. In order to use that content, companies need to receive sufficient rights from the owner of that content. In that regard, based on a recent complaint, Anheuser-Busch may [...]

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