Blog
Elon Musk’s New Master Plan: Brilliant, Devious, or Both?
When Tesla announced it had agreed, in principle, to purchase SolarCity, many analysts were shocked. Not only does the deal represent a merger of two innovative companies, neither of which is currently turning a profit, but many analysts also believe the deal represents a massive conflict of interest.
No Foul: Ticketamster Resale Restriction Does Not Violate Antitrust
Though likely frustrating to many ticket-holders, Ticketmaster is able to restrict the resale of tickets on secondary markets like StubHub, SeatGeek, and TicketsNow.
Bankruptcy & The Electronic Signature
While infrequent, cases involving proof of one’s electronic signature are not unheard of. Saving someone sign a document electronically is perfectly fine until a court demands proof of the signature. As one might imagine, evidencing a client’s signature in such a case might prove challenging.
The Changing Legal Landscape of Daily Fantasy Sports
In mid-October, the Nevada Gaming Control Board ruled that pay-to-play daily fantasy sports (DFS) constitute gambling under Nevada law. And just this week, New York followed suit. State Attorney General Eric Schneiderman sent cease-and-desist letters to operators of DFS games ordering them to stop accepting wagers in the state. In Nevada, companies like FanDuel and DraftKings that operate DFS games online must now obtain a license from the Gaming Board in order to operate legally. In New York, operating DFS games is now illegal. In DFS, players compete against other by building a team of professional athletes from a particular league and earn points based on the actual statistical performance of the players. As of September 2015, both FanDuel and DraftKings have an estimated value of over $1 billion. In total, an estimated 57 million people in the United States and Canada played a DFS game this year, and companies hosting DFS games are expected to collect $14.4 billion dollars in entry fees by 2020. Federally, the Wire Act and the Unlawful Gambling Enforcement Act (UIGEA) govern DFS games. The UIGEA prohibits gambling businesses from accepting payments in connection with bets or wagers that involve the use of the Internet, but it specifically excludes certain fantasy sports and skill-games. Meanwhile, the Federal Wire Act prohibits the wire transmission in interstate commerce of wagers on any sporting event or contest. So far, though, DFS games have not been prosecuted as sports wagering under the Wire Act. A sports wager, in general, must involve a game subject to chance. Many argue that DFS games involve more skill than chance, as participants must...Google Books: A Test of Transformative Use
Though Authors Guild v. Google decision will undoubtedly be unpopular with some groups, Judge Leval likely believes that a flexible and broad fair use tradition will only enliven the exchange of ideas and even the market for books.
Electronics at the Border: An Exception to the Border Search Doctrine?
Increased use of electronic devices and the sheer capacity of electronic storage has led the Supreme Court to acknowledge the special considerations such devices require when privacy concerns are implicated.
Do The SEC’s New Equity Crowdfunding Rules Accomplish Anything?
With stringent restrictions limiting the amount that individuals can invest, it seems the SEC might not have accomplished all that was hoped for in the last three and a half years.
Computers, the Private Search Doctrine, and the Fourth Amendment
The private search exception to the Fourth Amendment has been universally accepted, but this exception is facing new problems in how it applies to computers, smartphones, and other electronic devices.
CISA Passes to the Dismay of Many
Since its inception in 2014, the Cybersecurity Information Sharing Act (“CISA”)
Complications in Machinima: Using Video Game Footage to Generate Cinematic Productions and Potential Conflicts with Copyright Law
Despite the inherent risk of copyright infringement associated with machinima, prospective machinimators do have options. Particularly if they do not intend to commercialize their projects, many machinimators will likely be protected by end user license agreements provided by video game companies.
Is 2015 the Last Year for Patent Trolls?
Despite the prevalence of patent trolls and widespread support for reform, we have yet to see any significant action by Congress.
Soaring to New Heights: Flying Cars and the Law
For decades, innovators and science fiction enthusiasts have predicted the advent of a flying car, but until recently, that vision has remained just that, a vision. Flying cars, however, may not be as far away as once thought.
Data Privacy: Is the U.S. “Safe Harbor” Disappearing?
American companies have no choice but to operate in the European Union, and the European Union may now have the authority it needs to push back against lax American data security regulations.
Fair Use (Victory?) In Dancing Baby YouTube Video Ruling
Letz’s holding sounds promising for fair use, but spells more of the same when it comes to takedown notice practices.
O Brave New World: Assisted Reproduction and Same-Sex Couples
As tens of thousands of babies continue to be born through IDF in the U.S. and same-sex relationships become increasingly accepted, lawyers will have the opportunity to play a role in defining what these new relationships will mean for family law issues such as adoption, divorce, surrogacy, and inheritance.
The Future of ODR: The Promise of Advancing Technology
Even if trust and intimacy increase and technology makes virtual interaction more and more like reality, perhaps there is something about true face-to-face human connection that will never be replaceable. However, there is undoubtedly huge potential for Online Dispute Resolution to thrive under the correct circumstances.
Profiling of Chinese Americans to Continue, Despite Historic U.S.-China Cyber Agreement
Despite leaders of both China and the U.S. offering optimistic prognoses for cooperation between both nations, it appears Chinese Americans, especially Chinese Americans employed in defense, tech, and energy sectors, can expect little relief from intense government scrutiny.
Evaluating Direct Licensing Deals in Web IV
To prevent opportunistic webcasters from striking below-market direct licensing agreements with record labels the Copyright Royalty Judges should carefully consider the context in which the direct licensing agreements were struck.
Missing the Boat on Broadband
By focusing on the number of high-speed internet providers in a particular region, representation of a consumer’s overall lack of choice is distorted.
The Emergence of “Police States” in Developing Countries
As many countries struggle with the interactions of encryption and policing, India takes a bold step.
Unresolved Issues for Affirmative Consent Applications
Consent Apps such as Good2Go must rethink their entire approach to consent if they would like to become relevant or even effective in the fight against sexual assault on university campuses.
California Governor Shoots Down Drone Privacy Bill
With Governor Brown’s veto, the commercial drone industry scores a victory in California.
Microsoft’s Fight for Extraterritorial Data Privacy
In oral arguments today, Microsoft fights to limit the international reach of warrants for private data. The decision could have far-reaching consequences as to data privacy, Cloud computing, foreign relations law and the extraterritoriality of search warrants.
Tinker Toys or Dandy Devices?
Although European antitrust authorities continue to investigate Google’s advertising and bundling practices, the odds of a Microsoft-like agreement increase.