Internet Speech and Defamation I

Internet speech has drawn concern for its limitless, it seems, availability for anyone to air their comments about something.  While there are certain protections for speech, the inherent lack of truth in the statements or the lack of concern for the truth in making such a statement online about someone, engenders a considerable amount of…

Details

Trademark Nominative Fair Use and Confusion

Trademark use and the element of fair use in business snags many businesses trying to market their service or product, while seemingly using a competitor’s trademark. Liability may not be avoided by relying on the fair use defense.  Words and their message are usually held to a standard regarding the possibility of consumer confusion.  There…

Details

Broadcasting Competition of Distribution Agreements

Broadcasting competition of distribution agreements has been in the Federal Communications Commission’s (FCC) cross-hairs.  While under less than unusual circumstances a provider can enter into a contract to distribute its product exclusively or non-exclusively, the same cannot be said regarding agreements of communications content provider.  The concerns is with content that could draw an overwhelming…

Details

Music Appropriation Issue

The issue of music appropriation of culture e in music is controversially discussed raising concerns for the use of culture as backdrops.  The argument goes that as an artist unveils the video of music scenes appear of a particular culture and people of that particular region.  The criticism is with the prop effects of the…

Details

Digital Economy Fighting Copyright Piracy

Digital economy partnerships drawing close to fight copyright piracy have struck a chord that could have a significant impact to prevent Internet digital media piracy.  The piracy of digital media is an international cottage industry costing billions.  From content creators, ISPs, advertising agencies, network systems, and search engines, to data managers, and e-payment platforms, have…

Details

Advertising Guidelines from FTC

Advertising guidelines from the Federal Trade Commission underscore the deceptive features of ‘native’ advertising.  Prior to Christmas the FTC released its “Enforcement Policy Statement on Deceptively Formatted Advertisements.”  The attention was towards the use of native advertising which is ‘dressed’ or ‘tailored’ to appear as if it is an actual editorial.  The FTC notes the…

Details

Online Music Video Publishing

Online music video publishing give many singers and performers an avenue for promoting their work.  The birth of a new music star is dreamed every time someone seeks publishing with intermediary providers such as YouTube.  The principals of content publication still holds true even with the utilization of third-party audience aggregators like YouTube.  The terms…

Details

Anti-Slapp in Florida

Anti-Slapp in Florida was put to the test in Roca Labs, Inc. v. Consumer Opinion Corp.(Pissed Consumer). In its original lawsuit, Roca Labs argued that the defendant’s consumer review website was fostering defamation, effectively causing tortuous interference, committing unfair competition.  The defense argued immunity under Section 230 of the Communication Decency Act, formally known as…

Details

Cross Device Tracking

The Federal Trade Commission has noted that cross device tracking which is a consequence of the Internet of Things (IoT) falls essentially within its auspices.  Considering the concerns with transparency and the required notices to consumers, cross device tracking is just not getting attention for purposes of enhancing consumer protection.  The advertising industry representatives as…

Details