Privacy Papers, Part 1 – Roll Call
The PrivacyPapers was released over a two week period of emails by Michael Kasdan, who has generously given us permission to post it in its entirety over several posts. You…
Intellectual Property Law in the Information Age: An Interview with Professor Jeanne Fromer
Trying to harness the free-flowing, intangible nature of the creative process and place it into the more rigid confines of the law can be a challenging and complicated process. How…
Username Squatting and Reverse Username Hijacking on Twitter
Cybersquatting, the practice of buying up domain names that are identical or confusingly similar to trademarks in order to sell them to the trademark owner for a hefty profit, can…
The Distinctiveness of a Fashion Monopoly
By focusing on the recent fashion warfare over the red sole used on luxury shoes, this Article reconsiders the implications of trademark protection of single color marks for regulating the…
Signing in Glitter or Blood?: Unconscionability and Reality Television Contracts
Reality television is a modern phenomenon that can be found on both daytime and primetime television. Using “real” people creates unique problems for production teams. Real people do not have…
The Merger and the Damage Done: How the DOJ Enabled an Empire in the Live Music Industry
In 2010, the Antitrust Division of the Department of Justice approved the merger of Ticketmaster and Live Nation, who combined to form Live Nation Entertainment. This paper revisits the Department's…
Handle with Care: The Evolving Actual Malice Standard and Why Journalists Should Think Twice before Relying on Internet Sources
This note examines two phenomena at the intersection of traditional media law and evolving forms of expression on the Internet, focusing on whether courts’ increasing tendency to view Internet sources…
On the Duality of Internet Domain Names: Propertization and Its Discontents
Domain names may have substantial economic and social value. They are often the objects of dispute. There is a recent judicial trend, particularly in the Court of Appeals for the…
Directive vs. Regulation: The Proposed Changes to the European Privacy Protection Framework
The European Union Data Protection Regulation (“Regulation”) draft was presented on January 25, 2012. The Regulation will replace the European Union Data Directive (“Directive”) and will place affirmative responsibilities on…
GTA Online: How to Make Fans Happy that You Botched the Launch
This has not been a season for successful launches of online systems. Although the debacle was overshadowed by the troubled rollout of the Obama administration’s healthcare.gov website, the launch-day issues…