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DMCA Takedown Notices: Never Enough, Always Too Much

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picture1By Ari Robbins

Digital Millennium Copyright Act (“DMCA”) takedown notices are headed to the Supreme Court where they could themselves be facing a takedown. These notices are issued outside of a court process and are supposed to warn online hosts that content on their websites might constitute copyright infringement. Per the Ninth Circuit decision that is headed to the Court, Lenz v. Universal Music Corp., the sender of a takedown notice must have a subjective belief that material related to a notice is not fair use. Imposing such a standard has far reaching implications for all senders  and recipients of DMCA takedown notices.

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Fashion Police: Supreme Court Edition

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varsityBy Yonah Reback

It’s not the first time the US Supreme Court has played “fashion police,” and it probably won’t be the last. In Star Athletica, LLC  v. Varsity Brands, Inc., however, the Court’s review of whether designs on cheerleading uniforms can be copyrighted promises to clarify an ambiguity that has been called “the most vexing, unresolved question in copyright law.”

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China, Cisco, and What Happens When the Technology We Love is Used for Hate Overseas

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By Seth Parentfact-picture

In Doe v. Cisco Systems, Inc., Cisco Systems is under fire for a recent development in its ongoing business relationship with the Chinese government. The plaintiffs in Doe allege that Cisco knowingly aided and abetted the Chinese government by developing a system custom-tailored to identify, track, and persecute members of a minority group known as the Falun Gong.

The complaint was initially dismissed for lack of protection under the Alien Tort Statute (ATS), though it is now on appeal. The ATS grants federal district courts jurisdiction over violations of certain international laws regardless of where the harm occurred or who inflicted that harm.

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No Man’s Sky: Legal Risks of Raised Expectations in Video Game Marketing

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no-mansBy Dan Hagen

Hello Games’ No Man’s Sky is arguably this decade’s highest profile game that spectacularly failed to meet expectations set by its developer. Promises made by Hello Games through marketing and promotion, leading right up to the game’s launch, pushed the legal envelope and should serve as a cautionary tale for video game developers and marketing teams. Just how far can a developer go before their hype becomes illegal misrepresentation?

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A Tale of Two Cameras

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By Daniel Healow

cmera
Depending on your views about privacy and police accountability, it may be the best of times or the worst of times. Either way, it is clear that sensors, specifically cameras, have taken center stage as communities seek to objectively reconstruct confrontations between law enforcement and the public.

In what many call the “fastest technology upgrade in policing history”, body-worn cameras (BWCs) are quickly being deployed by police forces throughout the nation, inspiring widespread public support. Although a recent New York Times profile on the rollout of BWCs in Seattle highlighted the growing pains of rapidly deploying new technology, a summer survey found that  70% of Americans support BWCs becoming standard issue throughout all law enforcement. As an added bonus, the cameras appear to be increasing public accountability as well. Studies show public complaints of police misconduct down a whopping 93% in municipalities that have deployed the cameras. So the more cameras the better, right?

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