I’ve been closely following the Network Neutrality debate for years, and while I am pleased that Google and Verizon have brought the discussion to the forefront in recent days, there has been too much outrage in my humble opinion. Certain facts remain after careful analysis of the joint policy proposal. Fact 1 – it’s a…
Guest on This Week in Law #72
I was pleased to be asked back on Denise Howell‘s excellent show, This Week In Law. The other guests were Alex Macgillivray and Jonathan Bailey. To download Episode 72 in either audio or video formats please follow the link here, or search for the show in iTunes. Or watch it on YouTube.
FTC v. Trudeau – Are Emails Within a Judge’s “Presence”?
The recent 7th Circuit opinion in FTC v. Trudeau, No. 10-1383, slip op. (7th Cir. May 20, 2010), raised an interesting cyberlaw issue as a minor point within the larger issue of criminal contempt of court: Just because the Judge receives an email, does that mean the email, as well as the conduct in inciting…
Towel Day Tweetup – May 25, 2010
I’m not organizing it, per se, but I promised Ed (pictured below with his towel), to post information about the Tweetup/Blogger Meetup on Tuesday, May 25th, 2010. May 25th is Towel Day every year, in honor of Douglas Adams, so please bring your towels to: Aria Bar, at the Fairmont Chicago hotel 200 North Columbus…
Are Open Source Toyotas Neutrally Networked?
I was pleased to be asked back on the This Week In Law podcast for Episode #60, entitled “Open Source Toyotas.” Here’s a link to the audio – http://www.twit.tv/twil60. Video is available on Blip. Denise Howell is the host, and guests are myself, Marty Schwimmer, and Xeni Jardin. It was fun! Also, I was pleased…
Guest on This Week In Law Podcast #59
I was pleased to be asked to participate in the This Week In Law Podcast, Episode #59. The episode is entitled “Praying at the Bar.” The hosts were Denise Howell and Evan Brown, and my co-guest was Marty Schwimmer. It was quite a panel! For the audio and the show notes: http://twit.tv/twil59 For the video:…
Towel Day is May 25th, every year!
Legal bloggers, where are your towels? Last year on Towel Day, I hosted Blawg Review #213. This year, I’ll be participating in a blogger meetup for those attending the SuperConference here in Chicago. For details, see the post here, or follow me on Twitter – @cyberlaw. For more on other Towel Day activities, check out…
Awarding of Attorneys Fees for Copyright Cases Not Automatic
In addition to their costs, the prevailing party in a copyright case may also seek recovery of their attorneys fees, provided that the requirements of the Act are otherwise met. See 17 U.S.C. Section 505, which provides as follows: § 505. Remedies for infringement: Costs and attorney’s fees In any civil action under this title,…
Standing under the CAN-SPAM Act
The CAN-SPAM Act (15 U.S.C. 7701, et seq.) provides a private cause of action for providers of an Internet access service to use against spammers, in addition to the enforcement of the Act by the FTC, states, and other government entities. In order to have standing to bring a case, however, a private plaintiff must…
ABA Techshow 2010 – Roundup of Paperless Office Sessions
I’ll be presenting my thoughts on ABA Techshow 2010 to my CBA Law Practice Management and Technology committee on April 9, 2010 along with our other members who also attended Techshow, but I wanted to also post some of them here. I spent Day 1 in the “Paperless Practice” track, and most were really good…