Archive for the 'The Singularity Law Podcast' Category
December 7th, 2008 by Joshua Kagan
“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!
Click the play button below to listen, or click here to subscribe to us on iTunes!
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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:
Video Game Law as a Hot New Practice Area: Hype or Reality?
The Limits of Section 230 Immunity, Part 1: Malware
The Limits of Section 230 Immunity, Part 2: Trademarks
Practice Pointer: The Continued Importance of Forum Selection Clauses
Turning Piracy Into Profit: The Myspace Experiment and Other DMCA Issues
Final Thoughts: Entrapment by Emoticon
This recording is an informational resource only. It is not designed to offer legal advice
November 18th, 2008 by Joshua Kagan
A new U.S. president prepares to take office… will his “change” include a new technology policy? French record labels gear up for a fight against open source media sharing software. A European fashion designer tries to enforce a copyright judgment in New York. The judge who shut down Napster proposes a sweeping copyright reform. Craigslist fights prostitutes. It’s time for a global perspective! Hear Michael and Josh tackle these issues and more on this week’s special internationally-focused episode of The Singularity Law Podcast!
Click the play button below to listen, or click here to subscribe to us on iTunes!
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Here are the show notes for this week’s episode:
Shownotes for The Singularity Law Podcast: Episode 7 for November 17, 2008
Our Panel for Today:
President-Elect Obama Talks Technology Policy
Net Neutrality
From Pages to Platforms: The Law of Web 2.0 and Beyond
Practice Pointer: Conditional vs. Promissory Language in Licenses
Turbulence in the International Arena
Napster Judge Proposes Radical Copyright Reform
Final Thoughts: Craigslist and Hookers
We apologize for the fluctuations in sound quality throughout this episode. We realized about 15 minutes into recording that our microphone had a bad connection.
November 15th, 2008 by Joshua Kagan
This past Thursday I gave a talk called “From Pages to Platforms” about the ways that Web 2.0 has affected Internet Law. Here it is in webcast form.
I recommend downloading (instead of allowing it to play in the browser) for a full-screen picture.

From Pages to Platforms: The Law of Web 2.0 and Beyond:
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November 4th, 2008 by Joshua Kagan
The DMCA celebrates its tenth birthday; are we better off than we were ten years ago? Who is the real winner in the Google Book Search settlement? Can California’s legislature control violent video games? Michael and Josh tackle these questions and more on this week’s edition of The Singularity Law Podcast!
Click the play button below to listen, or click here to subscribe to us on iTunes!
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Here are the show notes for this week’s episode:
Shownotes for The Singularity Law Podcast: Episode 6 for November 4, 2008
Our Panel for Today:
DMCA’s 10th Anniversary: Where Do We Go From Here?
The Google Book Search Settlement
Regulating Violent Video Games
Final Thoughts
October 27th, 2008 by Joshua Kagan
Are search engines engaging in widespread copyright infringement? Can eBay sellers bring libel actions against buyers who leave negative feedback about them? What does the revised iPhone NDA mean for developers and the Internet in general? Michael and Josh tackle these questions and more on this week’s edition of The Singularity Law Podcast.
Click the play button below to listen, or click here to subscribe to us on iTunes!
Audio clip: Adobe Flash Player (version 9 or above) is required to play this audio clip. Download the latest version here. You also need to have JavaScript enabled in your browser.
Here are the show notes for this week’s episode:
Shownotes for The Singularity Law Podcast: Episode 5 for October 27, 2008
Our Panel for Today:
Search Engine Caches Covered by Implied Licenses: Parker v. Yahoo!, Inc.
- Parker v. Yahoo!, Inc. 2008 U.S. Dist. LEXIS 74512 (E.D. Pa. Sep. 26, 2008).
- Perfect 10 v. Google, Inc., et al., 416 F. Supp. 2d 828 (C.D. Cal. 2006).
- Perfect 10 v. Amazon.com, Inc., 487 F.32 701 (9th Cir 2007).
- Kelly v. Arriba Soft Corp., 336 F.3d 811 (9th Cir 2003).
- S.O.S., Inc. v. Payday, Inc., 886 F.2d 1081 (9th Cir. 1989).
- MAI Systems Corp. v. Peak Computer, Inc., 991 F.2d 511 (9th Cir. 1993).
- Ticketmaster Corp. v. Tickets.com, U.S.P.Q.2d (BNA) 1344 (C.D. Cal 2000). This is an unpublished decision.
- Ticketmaster Corp. v. Microsoft Corp., Case No. 97-3055 DDP (C.D. Cal., filed Apr. 28, 1997).
- Josh Kagan: Is a Search Engine Cache a Copy? Revisiting Kelly v. Arriba Soft through Parker v. Yahoo!, Inc.
- Eric Goldman: Search Engine “Cache” Function Covered by Implied License–Parker v. Yahoo.
- Jeff Neuburger: Challenge to Search Engine Caching Dismissed on Most (But Not All) Grounds.
eBay Libel and the Danger of Libel Tourism
Apple Drops the iPhone NDA for Released Applications
Practical Corner: The Dangers of Screening Employees via Social Networking Sites
Final Thoughts: Murder in Cyberspace!
This recording is an informational resource only. It is not designed to offer legal advice.
October 19th, 2008 by Joshua Kagan
Will DRM be the final nail in the coffin of PC gaming? How anonymous can the Internet be? Why won’t YouTube grant a full legal review of all DMCA takedown requests on election campaign videos? Will trademark owners be forced to monitor domain name registrations? Can libraries go digital? Can a record label infringe its own copyright? Michael and Josh tackle these questions and more on this week’s edition of The Singularity Law Podcast.
Click the play button below to listen, or click here to subscribe to us on iTunes!
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Here are the show notes for this week’s episode:
Shownotes for The Singularity Law Podcast: Episode 4 for October 19, 2008
Our Panel for Today:
DRM and Activation in Video Games
Anonymity on the Internet
Google and YouTube refuse to grant special DMCA treatment to McCain Campaign Videos
Cybersquatters: The Hidden Trademark Danger
The Elephant is in the Library: Digital Libraries Online
Final Thoughts: Can a record label infringe its own copyright? One hosting provider thinks so.
Record Label ‘Infringes’ Own Copyright, Site Pulled
October 12th, 2008 by Joshua Kagan
In this episode Michael and Josh team up with Tigran Palyan, a 3L at Southwestern Law School here in Los Angeles, who tells us about his research into the cutting-edge subject of Privacy in Virtual Worlds.
Click the play button below to listen, or click here to subscribe to us on iTunes!
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Here are the show notes for this week’s episode:
Shownotes for The Singularity Law Podcast: Episode 3 for October 12, 2008
Our Panel for Today:
- Josh Kagan, author of The Josh Kagan Blog
- Prof. Michael Scott of The Singularity Law Blog
- Tigran Palyan, author of “Common Law Privacy in a Not So Common World: Prospects for the Tort of Intrusion upon Seclusion in Virtual Worlds”
Privacy in Virtual Worlds – Tigran tells Michael and Josh about his new article
Kentucky Seizes Gambling Domains
Talking Point of the Week: A EULA to End All EULAs
October 5th, 2008 by Joshua Kagan
Once again Michael and I discuss the most important tech law issues of the week. This week’s topics include RealNetworks’ new DVD-importing software, the EFF’s report on five years of RIAA litigation, net neutrality, Apple’s threats to shut down iTunes in the midst of a royalty dispute, an online gambling scam, and how you too can own “James Bond’s” computer! Click the play button below to listen, or click here to subscribe to The Singularity Law Podcast on iTunes!
Audio clip: Adobe Flash Player (version 9 or above) is required to play this audio clip. Download the latest version here. You also need to have JavaScript enabled in your browser.
Here are the show notes for this week’s episode:
Shownotes for The Singularity Law Podcast: Episode 2 for October 5, 2008
Our Panel for Today:
Josh Kagan, author of The Josh Kagan Blog
Prof. Michael Scott of the Singularity Law Blog
MPAA v. RealNetworks
RIAA Lawsuits – Discussion of the EFF’s Report
Did Statutory Royalties Almost Spell the End of iTunes?
Online Poker Cheating Scandal
Network Neutrality: A Few Observations
Talking Point of the Week: MI6 Photos and Data Accidentally Sold on eBay
This recording is an informational resource only. It is not designed to offer legal advice.
September 29th, 2008 by Joshua Kagan
This is a pilot for a new podcast on technology law that I’ll hopefully be recording each week along with Michael Scott. In each episode we’ll cover some of the most interesting topics of the week, identify trends, discuss new legislation, analyze recent cases, and end with our favorite talking point of the week. We hope you’ll like it. Click the play button below to listen!
Audio clip: Adobe Flash Player (version 9 or above) is required to play this audio clip. Download the latest version here. You also need to have JavaScript enabled in your browser.
Here are the show notes for this week’s episode:
Shownotes for Singularity Law Podcast Episode 1 (September 29, 2008)
Our Panel for Today:
Josh Kagan, author of The Josh Kagan Blog
Prof. Michael Scott of the Singularity Law Blog
Cloud Computing
Walmart and DRM
Capitol Records v. Thomas
New Copyright Legislation (PRO-IP Act)
Talking Point of the Week — Banned from the Internet for Life
This recording is an informational resource only. It is not designed to offer legal advice.