Arbitration Update
February 28, 2006
Recent cases on the enforcement and requirement of arbitration disputes.
Clause & Effect
February 28, 2006
The U.S. District Court for the Southern District of New York ruled that the owner of an interest in a song failed to show that he reasonably relied on an alleged materially false representation regarding the transfer of his interest in the song ' and thus failed to establish his fraud claim.
Is Anti-Spyware Legislation Congress's Killer App In 2006?
February 03, 2006
Reading the news, one might think the encroaching patchwork of state anti-spyware laws and the proliferation of high-profile cases against surreptitious spyware distributors could finally prompt Congress to take action on spyware in 2006. But a closer look reveals that states, Congress and the Federal Trade Commission have not yet reached a consensus on what spyware is and how best to address enforcement. Even if Congress does act on spyware this year, the legislation is likely to offer an incomplete solution to computer users and, for legitimate online behavioral advertisers, to leave substantial litigation questions unaddressed.
Net News
February 03, 2006
Recent news of interest to the Internet law community.
Spyware Suits Shed Light On DMCA Concerns
February 02, 2006
Last November, when millions of music lovers were shocked to discover that Sony BMG Music Entertainment had installed spyware-type software on over 4.7 million CDs, Princeton University computer science professors Edward Felten and J. Alex Halderman weren't surprised. The two computer-security experts uncovered Sony BMG's secret software ' designed to prevent CD piracy ' about a month before the public. But fearing copyright lawsuits from Sony BMG, Felten and Halderman say they kept their findings as hidden as the software. They aren't keeping quiet anymore. In December, the researchers filed a comment at the U.S. Copyright Office seeking an exemption from the Digital Millennium Copyright Act (DMCA), the law that they say stifles their work.
Bankruptcy Filing Allows Artist to Reject Agreement to Collect Artist's Royalties
February 02, 2006
Artists have sometimes used bankruptcy filings to end personal service agreements, such as recording contracts, and even as a tool in renegotiating deals. A key issue has been whether an artist's bankruptcy terminated such an agreement. The U.S. Bankruptcy Court for the Southern District of New York, Poughkeepsie Division, has now decided that an artist in bankruptcy may reject an agreement he or she entered into for a third party to collect the artist's royalties.
Courthouse Steps
February 02, 2006
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Bit Parts
February 02, 2006
Recent developments in entertainment law.
