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Shownotes for The Singularity Law Podcast: Episode 8 for December 8, 2008

Our Panel for Today:

• Prof. Michael Scott of The Singularity Law Blog
• Josh Kagan of The Josh Kagan Blog

Video Game Law as a Hot New Practice Area: Hype or Reality?

• Wall Street Journal: Video-Game Law: The Niche Legal Practice Du Jour
• LA Times: These Lawyers Got (Video) Game
• Michael Scott’s blog: Videogame Law: New Legal Specialty or Marketing Hype?

The Limits of Section 230 Immunity, Part 1: Malware

• 47 U.S.C. §230
• Venkat Balasubramani’s SPAM NOTES blog: Could Facebook Be Liable for Spreading the Koobface Virus?
• Green v. AOL

The Limits of Section 230 Immunity, Part 2: Trademarks

• Alleyinsider: Amazon, Google: eBay Shouldn’t Have To Hunt For Trademark Infringers
• EFF: Jewelry Company Quest to Expand Trademark Law Could Quash Internet Commerce

Practice Pointer: The Continued Importance of Forum Selection Clauses

• “Internet Cases” blog: Court enforces forum selection clause in web hosting agreement
• Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (1991)

Turning Piracy Into Profit: The Myspace Experiment and Other DMCA Issues

• Reuters: MySpace, MTV Test Piracy-Profit Plan
• Michael Scott’s blog: Priming the Pump – Copyright Style

Final Thoughts: Entrapment by Emoticon

• Wall Street Journal: Emoticons on Trial at the Nebraska Supreme Court

This recording is an informational resource only. It is not designed to offer legal advice.

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Shownotes for The Singularity Law Podcast: Episode 7 for November 17, 2008

Our Panel for Today:

• Prof. Michael Scott of The Singularity Law Blog
• Josh Kagan of The Josh Kagan Blog

President-Elect Obama Talks Technology Policy

• Barack Obama’s Technology Proposals (From Campaign)
• Digg Dialogg with Al Gore
• Michael’s blog: We Need a Technology Policy for the 21st Century
• Josh’s blog: On Technology Policy, Let’s Be More Specific
• CNET writes about Obama’s search for a national CTO
• Also from CNET: Obama’s Mixed Signals on Transparency

Net Neutrality

• Michael’s blog: Network Neutrality: To Regulate or Not to Regulate
• Wired: Net Neutrality Advocates In Charge of Obama Team Review of FCC

From Pages to Platforms: The Law of Web 2.0 and Beyond

• Webcast of Josh’s Talk

Practice Pointer: Conditional vs. Promissory Language in Licenses

• Jacobsen v. Katzer (Fed. Cir. Aug. 13, 2008)
• Josh’s blog: Win For Open Source in Jacobsen v. Katzer

Turbulence in the International Arena

• Torrentfreak: Record Labels to Sue Vuze, Limewire and SourceForge
• Intellectual Property Law Blog: Why US Web Site Owners Should Watch Foreign Suits (PDF)

Nap ster Judge Proposes Radical Copyright Reform

• Wired writes about Judge Patel’s proposals

Final Thoughts: Craigslist and Hookers

• Silicon Alley Insider: Craigslist: From Now On, All Hookers Require A Valid Credit Card

We apologize for the fluctuations in sound quality throughout this episode. We realized about 15 minutes into recording that our microphone had a bad connection.

This is a QuickTime video, so to view it in a larger window simply click “download” below instead of playing it in your browser. It will also be available in our iTunes podcast feed.

We’re also ramping up a new episode of our podcast for today. Episode 7: “The Global Perspective” will be available tonight, so stay tuned!

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Shownotes for The Singularity Law Podcast: Episode 6 for November 4, 2008

Our Panel for Today:

• Prof. Michael Scott of The Singularity Law Blog
• Josh Kagan of The Josh Kagan Blog

DMCA’s 10th Anniversary: Where Do We Go From Here?

• EFF: “Unintended Consequences: Ten Years Under the DMCA”

The Google Book Search Settlement

• Michael Scott: “Google Stares Down Book Industry: Publishers Blink, Google Book Search Wins”
• EFF: “Google Book Search Settlement: A Reader’s Guide”
• EFF: “Google Reaches Settlement With Authors and Publishers Over Google Book Search”
• Google Watch (eWeek): “Google Gets Great Deal in Book Search Settlement”
• Authors Guild: “$125 Million Settlement in Authors Guild v. Google”
• Text of Settlement Agreement
• Class Notice

Regulating Violent Video Games

• Josh Kagan: “Violent Video Games Go (Back) to Court”

Final Thoughts

• Southwestern’s Summer Abroad Program on International Information Technology Law in London
• Lawrence Lessig: “Enormously Important News from the Free Software Foundation”

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Shownotes for The Singularity Law Podcast: Episode 5 for October 27, 2008

Our Panel for Today:

• Josh Kagan, author of The Josh Kagan Blog
• Prof. Michael Scott of The Singularity Law Blog

Search Engine Caches Covered by Implied Licenses: Parker v. Yahoo!, Inc.

• Parker v. Yahoo!, Inc. 2008 U.S. Dist. LEXIS 74512 (E.D. Pa. Sep. 26, 2008).
• Perfect 10 v. Google, Inc., et al., 416 F. Supp. 2d 828 (C.D. Cal. 2006).
• Perfect 10 v. Amazon.com, Inc., 487 F.32 701 (9th Cir 2007).
• Kelly v. Arriba Soft Corp., 336 F.3d 811 (9th Cir 2003).
• S.O.S., Inc. v. Payday, Inc., 886 F.2d 1081 (9th Cir. 1989).
• MAI Systems Corp. v. Peak Computer, Inc., 991 F.2d 511 (9th Cir. 1993).
• Ticketmaster Corp. v. Tickets.com, U.S.P.Q.2d (BNA) 1344 (C.D. Cal 2000). This is an unpublished decision.
• Ticketmaster Corp. v. Microsoft Corp., Case No. 97-3055 DDP (C.D. Cal., filed Apr. 28, 1997).
• Josh Kagan: Is a Search Engine Cache a Copy? Revisiting Kelly v. Arriba Soft through Parker v. Yahoo!, Inc.
• Eric Goldman: Search Engine “Cache” Function Covered by Implied License–Parker v. Yahoo.
• Jeff Neuburger: Challenge to Search Engine Caching Dismissed on Most (But Not All) Grounds.

eBay Libel and the Danger of Libel Tourism

• Eric Krangel, writing for Silicon Valley Insider: eBay Business Sues Buyer For Leaving Bad Feedback.

Apple Drops the iPhone NDA for Released Applications

• Robert Palmer, writing for The Unofficial Apple Weblog: iPhone NDA dropped, developers rejoice.
• Josh Kagan’s Recommended Reading: The Future of the Internet–And How to Stop It by Jonathan Zittrain.

Practical Corner: The Dangers of Screening Employees via Social Networking Sites

• William-Arthur Haynes, writing for The San Jose Business Journal: Screening via social media sites may leave employers exposed.

Final Thoughts: Murder in Cyberspace!

• Mari Yamaguchi, writing for the Associated Press: Japanese Woman Jailed After “Killing” Virtual Husband.

This recording is an informational resource only. It is not designed to offer legal advice.

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Shownotes for The Singularity Law Podcast: Episode 4 for October 19, 2008

Our Panel for Today:

• Josh Kagan, author of The Josh Kagan Blog
• Prof. Michael Scott of The Singularity Law Blog

DRM and Activation in Video Games

• EA’s CEO speaks to Gamasutra about DRM.
• Ars Technica: EA’s DRM, arrogance may cause gamers to skip good titles

Anonymity on the Internet

• Anonymous proxy servers: Necessary or evil?
• The growing cowardice of online anonymity
• UK/Germany: “Disclosing Encryption Keys and IP Addresses
• Men defamed on dating sites
• Josh Kagan: JuicyCampus and the Limits of Section 230
• The Internet as Conduit for Hatred & Violence
• Passports will be needed to buy mobile phones

Google and YouTube refuse to grant special DMCA treatment to McCain Campaign Videos

• McCain Campaign’s Letter to Google/YouTube
• Ars Technica: McCain/Palin campaign angry over bogus DMCA takedowns
• YouTube to McCain: No special treatment for DMCA takedowns
• Judge Rules That Content Owners Must Consider Fair Use Before Sending Takedowns | Watch the video here
• Massive Takedown of Anti-Scientology Videos on YouTube
• Bogus anti-Scientology DMCA notices sent to YouTube linked to Wikipedia user

Cybersquatters: The Hidden Trademark Danger

• Trademark Owners Must Pursue Cybersquatters or Potentially Lose Their Trademark Rights
• Southern Grouts & Mortars, Inc. v. 3M Co., 2008 WL 4346798 (S.D. Fla. Sept. 17, 2008)
• Southern Grouts and Mortars v. 3M Co., Second Amended Complaint

The Elephant is in the Library: Digital Libraries Online

• Universities launch elephantine digital library

Final Thoughts: Can a record label infringe its own copyright? One hosting provider thinks so.

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Shownotes for The Singularity Law Podcast: Episode 3 for October 12, 2008

Our Panel for Today:

• Josh Kagan, author of The Josh Kagan Blog
• Prof. Michael Scott of The Singularity Law Blog
• Tigran Palyan, author of “Common Law Privacy in a Not So Common World: Prospects for the Tort of Intrusion upon Seclusion in Virtual Worlds”

Privacy in Virtual Worlds – Tigran tells Michael and Josh about his new article

• “Common Law Privacy in a Not So Common World: Prospects for the Tort of Intrusion upon Seclusion in Virtual Worlds” by Tigran Palyan

Kentucky Seizes Gambling Domains

• Ars Technica: “Kentucky seizes two gambling domains, sites fight back”
• Ars Technica: “Kentucky tries to seize gambling site domain name”

Talking Point of the Week: A EULA to End All EULAs

• BoingBoing: “Sleeping Beauty Blu-Ray requires viewers to agree to 57 page EULA”

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Shownotes for The Singularity Law Podcast: Episode 2 for October 5, 2008

Our Panel for Today:

MPAA v. RealNetworks

• WSJ: “Right to Copy DVDs to PCs at Center of Copyright Spat”
• Wired: “MPAA, RealNetworks Wage Court Battle Over DVD-Copying Software”
• LA Times: “MPAA vs. RealNetworks”

RIAA Lawsuits – Discussion of the EFF’s Report

• EFF Report: “RIAA v. The People: Five Years Later”
• EFF: “RIAA Lawsuit Campaign Losing Credibility“

Did Statutory Royalties Almost Spell the End of iTunes?

• Apple’s Submission to the Copyright Royalty Board
• IPKat: “Is this the end for iTunes?”
• Tech Law Prof Blog: “Apple Threatens to Take Its iBall and Go Home if Artist Royalties Rise”
• LATimes: “Digital music royalties for songwriters left unchanged”
• “Copyright Royalty Board Keeps Download Rates The Same; iTunes ‘Saved’”

Online Poker Cheating Scandal

• “‘Back Door’ Cheating Scandal Rocks Online Poker”
• MSNBC: “Poker site cheating plot a high-stakes whodunit”

Network Neutrality: A Few Observations

• Michael Scott Writes: “Network Neutrality: To Regulate or Not to Regulate”
• WGA: “Winning the Fight for Net Neutrality”

Talking Point of the Week: MI6 Photos and Data Accidentally Sold on eBay

• “MI6 Terror Photos, Data Accidentally Sold On Ebay”

This recording is an informational resource only. It is not designed to offer legal advice.

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Shownotes for Singularity Law Podcast Episode 1 (September 29, 2008)

Our Panel for Today:

Cloud Computing

• “Cloud computing” (Wikipedia)
• “Cloud computing may draw government action”
• “Clouded in uncertainty – the legal pitfalls of cloud computing”
• “Cloud computing is a trap, warns GNU founder Richard Stallman”

Walmart and DRM

• “Wal*Mart shutting down DRM server, nuking your music collection — only people who pay for music risk losing it to DRM shenanigans”
• EFF: “And Walmart Makes Three: Another Music Service Plans to Shut Down DRM Support”
• Josh Kagan Writes: “Ten Reasons Why DRM Schemes Are Bad For Society”

Capitol Records v. Thomas

• Text of Court’s Decision (Sept. 24, 2008)
• Josh Kagan Writes: “Capitol v. Thomas: For RIAA, Better Than “Making Available” May Be Difficult To Prove”
• Michael Scott Writes: “Prove Our Case? . . . We Don’t Need to Prove Our Stinkin’ Case!! Just Fork Over the Money”
• EFF: “Capitol v. Thomas: Judge Orders New Trial, Implores Congress to Lower Statutory Penalties for P2P”
• National Car Rental v. Computer Associates, 991 F.2d 426 (8th Cir. 1993)
• Perfect 10 v. Amazon.com (9th Cir. 2007)

New Copyright Legislation (PRO-IP Act)

• Text of PRO-IP Act as passed by the Senate
• “Congress Passes PRO-IP Act, but Bush May Veto”
• “Intellectual property bill passes in the House”
• “Senate unanimously passes RIAA-backed bill”
• “Bush administration opposes RIAA-based copyright bill”

Talking Point of the Week — Banned from the Internet for Life

• EU Makes it Official: “You Can’t Randomly Ban People From the Internet”
• EFF: “The Struggles of France’s Three Strikes Law”
• EU: “Net Access is a Human Right, We’re Not Going To Take That Away”

This recording is an informational resource only. It is not designed to offer legal advice.