What a month for Bruce Springsteen! Buddies with Obama. Now performing half-time at the Super Bowl tomorrow. And his new album will likely debut at No. 1.
More on the failing economy. Pres. Obama blasts bonuses to execs at bailout companies.
That might just provide the jinx that the Arizona Cardinals need.
Part of my answer can be found in my latest essay that you can download.
The essay will be published very soon.
News: Big news. More here.
Natali Del Conte reports for CNET.
I just heard a song from the new Franz Ferdinand album. It’s the best new song I heard in 2009!!
I have just finished writing a draft of an essay titled “Decoding the DMCA Safe Harbors.“
The Essay analyzes some of the key uncertainties about the DMCA safe harbors that may figure into the copyright lawsuits against YouTube.
The DMCA is a decade old, which, in Internet time, may well be closer to a century. Although the DMCA safe harbors have helped to foster tremendous growth in web applications in our Web 2.0 world, several very basic aspects of the DMCA safe harbors remain uncertain. These uncertainties, along with the relative lack of litigation over the DMCA in the past ten years, have threatened to undermine the whole purpose of the DMCA safe harbors by failing to inform the public and technology companies of what steps they need to undertake to fall within the safe harbors. In several high profile cases against MySpace, YouTube, and other Internet sites, the clarification of the DMCA safe harbors could prove to be just as important to the Internet as their enactment in 1998. This Essay has attempted to clear up two of the biggest uncertainties regarding the DMCA’s relationship to vicarious liability, and the so-called “red flags” theory of knowledge on the part of the Internet service provider. Specifically, under a proper interpretation of the DMCA, courts should (i) reject the “loophole” theory that posits that the DMCA safe harbors provide no immunity from vicarious liability at all, and (ii) require a high burden for proving a “red flags” theory by requiring knowledge of facts that show specific and “obvious” or “blatant” infringement. This Essay offers five principles for courts and Congress to consider in applying or amending the DMCA safe harbors in the future. The DMCA safe harbors should be made truly “safe” harbors, in a way that encourages greater investment in and the development of speech technologies on the Internet, all while encouraging copyright holders to share the burden of reducing infringement by utilizing the DMCA notice and take-down procedure.
You can download a copy from SSRN by clicking on this link and clicking from there the “Download” button.
Blagojevich says the “fix is in.”
What a reaction.
News: Ty is way out of line. Not only is this a potential right of publicity violation, it is downright tacky. (More)
It took only 3 days. Vice President Biden couldn’t help himself. Wow, even though Chief Justice Roberts messed up the Oath of Office on Tuesday, Biden’s attempt at a joke at the Chief Justice’s expense was undignified. Pres. Obama looked like he wanted to throttle Biden, or at least shut him up.