The Singularity Law Podcast Episode 8: Virus
“Video game law” emerges as a specialty. Facebook and eBay test the limits of Section 230. Forum selection clauses become more important in Internet legal documents. Myspace tries to turn piracy into profit with a new technology. A man claims that an emoticon turned him into a pedophile against his will. Hear Professor Michael Scott and Attorney Josh Kagan tackle these issues and more on this episode of The Singularity Law Podcast!
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Here are the show notes for this week’s episode:
Shownotes for The Singularity Law Podcast: Episode 8 for December 8, 2008
Our Panel for Today:
- Prof. Michael Scott of The Singularity Law Blog
- Josh Kagan of The Josh Kagan Blog
Video Game Law as a Hot New Practice Area: Hype or Reality?
- Wall Street Journal: Video-Game Law: The Niche Legal Practice Du Jour
- LA Times: These Lawyers Got (Video) Game
- Michael Scott’s blog: Videogame Law: New Legal Specialty or Marketing Hype?
The Limits of Section 230 Immunity, Part 1: Malware
- 47 U.S.C. ยง230
- Venkat Balasubramani’s SPAM NOTES blog: Could Facebook Be Liable for Spreading the Koobface Virus?
- Green v. AOL
The Limits of Section 230 Immunity, Part 2: Trademarks
- Alleyinsider: Amazon, Google: eBay Shouldn’t Have To Hunt For Trademark Infringers
- EFF: Jewelry Company Quest to Expand Trademark Law Could Quash Internet Commerce
Practice Pointer: The Continued Importance of Forum Selection Clauses
- “Internet Cases” blog: Court enforces forum selection clause in web hosting agreement
- Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (1991)
Turning Piracy Into Profit: The Myspace Experiment and Other DMCA Issues
- Reuters: MySpace, MTV Test Piracy-Profit Plan
- Michael Scott’s blog: Priming the Pump – Copyright Style
Final Thoughts: Entrapment by Emoticon
- Wall Street Journal: Emoticons on Trial at the Nebraska Supreme Court
This recording is an informational resource only. It is not designed to offer legal advice

Hello,
Nice work on the Singularity Law Podcast; I am looking forward to listening to all the back episodes in my car on the way to law school this fall. I have been selected as a finalist in a scholarship contest for my YouTube video “Law v Tech: The Inspiring Faceoff” (youtube.com/watch?v=gwYicJedEE4). I don’t really mean to be a vote grubber, but I thought you might enjoy it. I even made a reference to the technological singularity (though mostly as a joke since I don’t know many folks will be aware of Vinge or Kurzweil, etc.) Anyway, thanks for your work on this blog and podcast.
Kind regards,
William Jacobson