Click the play button below to listen, or click here to subscribe to us on iTunes!

Click here to download this week’s show.

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. §230
• 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

Click the play button below to listen, or click here to subscribe to us on iTunes!

Click here to download this week’s show.

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:

• Prof. Michael Scott of The Singularity Law Blog
• Josh Kagan of The Josh Kagan Blog

President-Elect Obama Talks Technology Policy

• Barack Obama’s Technology Proposals (From Campaign)
• Digg Dialogg with Al Gore
• Michael’s blog: We Need a Technology Policy for the 21st Century
• Josh’s blog: On Technology Policy, Let’s Be More Specific
• CNET writes about Obama’s search for a national CTO
• Also from CNET: Obama’s Mixed Signals on Transparency

Net Neutrality

• Michael’s blog: Network Neutrality: To Regulate or Not to Regulate
• Wired: Net Neutrality Advocates In Charge of Obama Team Review of FCC

From Pages to Platforms: The Law of Web 2.0 and Beyond

• Webcast of Josh’s Talk

Practice Pointer: Conditional vs. Promissory Language in Licenses

• Jacobsen v. Katzer (Fed. Cir. Aug. 13, 2008)
• Josh’s blog: Win For Open Source in Jacobsen v. Katzer

Turbulence in the International Arena

• Torrentfreak: Record Labels to Sue Vuze, Limewire and SourceForge
• Intellectual Property Law Blog: Why US Web Site Owners Should Watch Foreign Suits (PDF)

Napster Judge Proposes Radical Copyright Reform

• Wired writes about Judge Patel’s proposals

Final Thoughts: Craigslist and Hookers

• Silicon Alley Insider: Craigslist: From Now On, All Hookers Require A Valid Credit Card

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.

I recommend downloading (instead of allowing it to play in the browser) for a full-screen picture.

Click the play button below to listen, or click here to subscribe to us on iTunes!

Click here to download this week’s show.

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:

• Prof. Michael Scott of The Singularity Law Blog
• Josh Kagan of The Josh Kagan Blog

DMCA’s 10th Anniversary: Where Do We Go From Here?

• EFF: “Unintended Consequences: Ten Years Under the DMCA”

The Google Book Search Settlement

• Michael Scott: “Google Stares Down Book Industry: Publishers Blink, Google Book Search Wins”
• EFF: “Google Book Search Settlement: A Reader’s Guide”
• EFF: “Google Reaches Settlement With Authors and Publishers Over Google Book Search”
• Google Watch (eWeek): “Google Gets Great Deal in Book Search Settlement”
• Authors Guild: “$125 Million Settlement in Authors Guild v. Google”
• Text of Settlement Agreement
• Class Notice

Regulating Violent Video Games

• Josh Kagan: “Violent Video Games Go (Back) to Court”

Final Thoughts

• Southwestern’s Summer Abroad Program on International Information Technology Law in London
• Lawrence Lessig: “Enormously Important News from the Free Software Foundation”

Click the play button below to listen, or click here to subscribe to us on iTunes!

Click here to download this week’s show.

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:

• Josh Kagan, author of The Josh Kagan Blog
• Prof. Michael Scott of The Singularity Law Blog

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

• Eric Krangel, writing for Silicon Valley Insider: eBay Business Sues Buyer For Leaving Bad Feedback.

Apple Drops the iPhone NDA for Released Applications

• Robert Palmer, writing for The Unofficial Apple Weblog: iPhone NDA dropped, developers rejoice.
• Josh Kagan’s Recommended Reading: The Future of the Internet–And How to Stop It by Jonathan Zittrain.

Practical Corner: The Dangers of Screening Employees via Social Networking Sites

• William-Arthur Haynes, writing for The San Jose Business Journal: Screening via social media sites may leave employers exposed.

Final Thoughts: Murder in Cyberspace!

• Mari Yamaguchi, writing for the Associated Press: Japanese Woman Jailed After “Killing” Virtual Husband.

This recording is an informational resource only. It is not designed to offer legal advice.

Click the play button below to listen, or click here to subscribe to us on iTunes!

Click here to download this week’s show.

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:

• Josh Kagan, author of The Josh Kagan Blog
• Prof. Michael Scott of The Singularity Law Blog

DRM and Activation in Video Games

• EA’s CEO speaks to Gamasutra about DRM.
• Ars Technica: EA’s DRM, arrogance may cause gamers to skip good titles

Anonymity on the Internet

• Anonymous proxy servers: Necessary or evil?
• The growing cowardice of online anonymity
• UK/Germany: “Disclosing Encryption Keys and IP Addresses
• Men defamed on dating sites
• Josh Kagan: JuicyCampus and the Limits of Section 230
• The Internet as Conduit for Hatred & Violence
• Passports will be needed to buy mobile phones

Google and YouTube refuse to grant special DMCA treatment to McCain Campaign Videos

• McCain Campaign’s Letter to Google/YouTube
• Ars Technica: McCain/Palin campaign angry over bogus DMCA takedowns
• YouTube to McCain: No special treatment for DMCA takedowns
• Judge Rules That Content Owners Must Consider Fair Use Before Sending Takedowns | Watch the video here
• Massive Takedown of Anti-Scientology Videos on YouTube
• Bogus anti-Scientology DMCA notices sent to YouTube linked to Wikipedia user

Cybersquatters: The Hidden Trademark Danger

• Trademark Owners Must Pursue Cybersquatters or Potentially Lose Their Trademark Rights
• Southern Grouts & Mortars, Inc. v. 3M Co., 2008 WL 4346798 (S.D. Fla. Sept. 17, 2008)
• Southern Grouts and Mortars v. 3M Co., Second Amended Complaint

The Elephant is in the Library: Digital Libraries Online

• Universities launch elephantine digital library

Final Thoughts: Can a record label infringe its own copyright? One hosting provider thinks so.

Click the play button below to listen, or click here to subscribe to us on iTunes!

Click here to download this week’s episode.

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

• “Common Law Privacy in a Not So Common World: Prospects for the Tort of Intrusion upon Seclusion in Virtual Worlds” by Tigran Palyan

Kentucky Seizes Gambling Domains

• Ars Technica: “Kentucky seizes two gambling domains, sites fight back”
• Ars Technica: “Kentucky tries to seize gambling site domain name”

Talking Point of the Week: A EULA to End All EULAs

• BoingBoing: “Sleeping Beauty Blu-Ray requires viewers to agree to 57 page EULA”

Click here to download this week’s episode.

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:

MPAA v. RealNetworks

• WSJ: “Right to Copy DVDs to PCs at Center of Copyright Spat”
• Wired: “MPAA, RealNetworks Wage Court Battle Over DVD-Copying Software”
• LA Times: “MPAA vs. RealNetworks”

RIAA Lawsuits – Discussion of the EFF’s Report

• EFF Report: “RIAA v. The People: Five Years Later”
• EFF: “RIAA Lawsuit Campaign Losing Credibility“

Did Statutory Royalties Almost Spell the End of iTunes?

• Apple’s Submission to the Copyright Royalty Board
• IPKat: “Is this the end for iTunes?”
• Tech Law Prof Blog: “Apple Threatens to Take Its iBall and Go Home if Artist Royalties Rise”
• LATimes: “Digital music royalties for songwriters left unchanged”
• “Copyright Royalty Board Keeps Download Rates The Same; iTunes ‘Saved’”

Online Poker Cheating Scandal

• “‘Back Door’ Cheating Scandal Rocks Online Poker”
• MSNBC: “Poker site cheating plot a high-stakes whodunit”

Network Neutrality: A Few Observations

• Michael Scott Writes: “Network Neutrality: To Regulate or Not to Regulate”
• WGA: “Winning the Fight for Net Neutrality”

Talking Point of the Week: MI6 Photos and Data Accidentally Sold on eBay

• “MI6 Terror Photos, Data Accidentally Sold On Ebay”

This recording is an informational resource only. It is not designed to offer legal advice.

Click here to download this podcast.

Here are the show notes for this week’s episode:

Shownotes for Singularity Law Podcast Episode 1 (September 29, 2008)

Our Panel for Today:

Cloud Computing

• “Cloud computing” (Wikipedia)
• “Cloud computing may draw government action”
• “Clouded in uncertainty – the legal pitfalls of cloud computing”
• “Cloud computing is a trap, warns GNU founder Richard Stallman”

Walmart and DRM

• “Wal*Mart shutting down DRM server, nuking your music collection — only people who pay for music risk losing it to DRM shenanigans”
• EFF: “And Walmart Makes Three: Another Music Service Plans to Shut Down DRM Support”
• Josh Kagan Writes: “Ten Reasons Why DRM Schemes Are Bad For Society”

Capitol Records v. Thomas

• Text of Court’s Decision (Sept. 24, 2008)
• Josh Kagan Writes: “Capitol v. Thomas: For RIAA, Better Than “Making Available” May Be Difficult To Prove”
• Michael Scott Writes: “Prove Our Case? . . . We Don’t Need to Prove Our Stinkin’ Case!! Just Fork Over the Money”
• EFF: “Capitol v. Thomas: Judge Orders New Trial, Implores Congress to Lower Statutory Penalties for P2P”
• National Car Rental v. Computer Associates, 991 F.2d 426 (8th Cir. 1993)
• Perfect 10 v. Amazon.com (9th Cir. 2007)

New Copyright Legislation (PRO-IP Act)

• Text of PRO-IP Act as passed by the Senate
• “Congress Passes PRO-IP Act, but Bush May Veto”
• “Intellectual property bill passes in the House”
• “Senate unanimously passes RIAA-backed bill”
• “Bush administration opposes RIAA-based copyright bill”

Talking Point of the Week — Banned from the Internet for Life

• EU Makes it Official: “You Can’t Randomly Ban People From the Internet”
• EFF: “The Struggles of France’s Three Strikes Law”
• EU: “Net Access is a Human Right, We’re Not Going To Take That Away”

This recording is an informational resource only. It is not designed to offer legal advice.