Victory For Video Games

March 12, 2009
I had previously written an article in November 2005 regarding In reaction to Governor Schwarzenegger’s A.B. 1179, making it illegal for the sale of a “violent video game(s)” to anyone under the age of 18. The Video Software Dealers Association (VSDA) and the Entertainment Software Association (ESA) had filed suit to seek judicial determination that the statute was unconstitutional....
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VOD or Time Shifting? The Cablevision Appeal

August 12, 2008
In May 2006 Cablevision proposed to launch a new DVR offering whereby subscribers could store their time shifted content on Cablevision’s remote servers on a “locker” type partitioned hard drive. This “remote Storage DVR System” would enable Cablevision to offer scalable DVR services to its customers without incurring the hardware expense for upgrading. Essentially, the cable box would control distribution of content, while Cablevision could remotely store a subscriber’s time shifted programming for viewing at the subscriber’s discretion. Cablevision did not seek a separate license from content owners for this service....
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Grokster on Remand: The Implications to Peer-to-Peer Social Networks

November 12, 2007
While most attorneys in the new media / IP practice are very familiar with the Supreme Court’s ruling in Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd. 545 U.S. 913 (2005) 380 F.3d 1154 the recent lower court order for permanent injunction warrants some attention. Having written several articles related to the safe harbor rules of the Digital Millennium Copyright Act, the effect of the District Court’s holding on User Generated Content social networking sites would appear extremely relevant for technology and IP practitioners...
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California V. Video Games

November 12, 2005
Video Gaming Under Attack In California

In reaction to Governor Schwartzenegger’s signing into law A.B. 1179, which is slated to go into effect January 1, 2006, the Video Software Dealers Association (VSDA) and the Entertainment Software Association (ESA) have filed suit to seek judicial determination that the statute is unconstitutional....
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State Coffers Make Land Gran For E-Commerce

June 12, 2005
Due to concerted lobbying efforts of the E-Commerce industry, Congress
has historically upheld the moratorium on state taxes attributed to e-commerce sales. According to Forrestor, in 2004, US e-commerce transactions have been estimated at $3.5 Trillion. Consequently, state taxing authorities have been angling for the opportunity to levy taxes against the online industry to beef up state coffers. With state budget deficits increasing, state taxing authorities are on the offensive to capture e-commerce revenues....
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The Future of Keying in SEO

August 12, 2004
Over the past few years, the search engine optimization practice of “keying” has been an integral component to various online marketing initiatives and proven to drive brand awareness and traffic to commercial web sites....
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A Hand in The Cookie Jar For Ad Agencies: Copyright Claim Against Chiat Day

February 12, 2004
In February 2004 celebrity rap singer Eminem filed a federal copyright infringement action filed in US Federal District Court (6th District) against Apple, Viacom and their advertising agency TBWA/Chiat Day. This past month, the case has sustained the first round of defenses and should proceed to trial unless first settled by the parties. Eminem alleges that Apple’s MTV and web broadcast advertisement depicting a ten year old singing the Oscar-winning theme song to the film “8 Mile” to promote iPod and iTunes infringes upon his copyrights.
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