Items tagged "Litigation"

Post

Apple Inc. v. Corellium: Another Case Where Fair Use Is Not a Defense to Section 1201

June 11, 2021 Anticircumvention , DMCA , Fair Use , Litigation , Section 1201

I’m perplexed by the District Court’s recent ruling in Apple Inc. v. Corellium, LLC that highlights an interesting tension in copyright law. A company can still violate copyright law even if a court has already found that it’s not infringing any copyright. Here’s how: Section 1201 of the Digital Millennium Copyright Act makes it illegal […]

Read More
Press Release

Public Knowledge Joins Amicus Brief Urging Court to Overturn Sony V. Cox Decision

June 2, 2021 Broadband Access , Copyright , Litigation

Yesterday, Public Knowledge filed an amici curiae brief in the 4th Circuit’s review of the Sony v. Cox lawsuit.

Read More
Post

No, California Net Neutrality Law Did Not “Nail” Veterans — Carriers Are Using Vets as Pawns

April 9, 2021 California , Data Caps , Litigation , Net Neutrality , Zero Rating

This is a lightly edited version of a blog post published on Harold’s personal blog, “Tales from the Sausage Factory,” on WetMachine.com. In any cliche villain scene, there’s a bad guy threatening to hurt someone else — an innocent bystander, perhaps — unless the protagonist does what the bad guy wants. Although no one would […]

Read More
Post

Supreme Court Gives Competition a Booster Shot in Landmark Fair Use Decision

April 6, 2021 API , Competition , Copyright , Fair Use , Google , Google v Oracle , Litigation , Oracle , Oracle v. Google , Supreme Court

I’m happy about the Supreme Court’s 6-2 decision in Google v. Oracle, affirming that Google’s reimplementation of the Java API for Android was a fair use and thus not copyright infringement. Google and Oracle’s competitions can breathe a sigh of relief, since a result that went the other way could have seriously inhibited the ability […]

Read More
Press Release

Public Knowledge Opposes FCC Media Ownership Repeal in Supreme Court Amicus Brief

December 23, 2020 amicus brief , FCC , Litigation , Media Consolidation , Media Diversity , Media Ownership , Prometheus Radio Project , Spectrum

Today, Public Knowledge filed an amicus curiae brief in support of the Prometheus Radio Project and other opponents of the Federal Communication Commission’s 2017 Order eliminating most of the broadcast ownership rules.

Read More
Press Release

Maine Court Decision Rules in Favor of State’s Law, Victory for Online Privacy

July 7, 2020 Broadband Privacy , Consumer Privacy , FCC , Litigation , Net Neutrality , Online Privacy , Privacy , State Legislation

Today, Judge Lance Walker in the U.S. District Court of Maine rejected arguments from ISPs that the Federal Communications Commission’s repeal of net neutrality rules, and Congress’s disapproval of FCC broadband privacy rules, preempt states from asserting authority over broadband

Read More
Post

Maine Was Sued for Trying to Modernize Privacy Laws

June 8, 2020 Broadband Privacy , Consumer Privacy , Data Protection , Legislation , Litigation , Privacy

There are very few actions as immediately and obviously intrusive as having your mail read. No matter your age or place — or how much you still use physical mail — the right to private communications is an established social norm. Whether I send a letter, text, or email, I expect no one but the […]

Read More
Post

Breaking Down and Taking Down Trump’s Latest Proposed Executive Order Spanking Social Media

June 4, 2020 Content Moderation , Disinformation , FCC , First Amendment , Free Expression , Freedom of Expression , FTC , Legal Analysis , Litigation , misinformation , Net Neutrality , Platform Regulation , Section 230

Bashing social media for supposed liberal bias has become pretty standard fare for some conservative pundits and politicians. This remains true despite zero evidence of any kind of bias by social media companies against conservative content or Republican politicians. In fairness, Democratic political leaders have made similar accusations. For example, Speaker Nancy Pelosi (D-CA) has […]

Read More
Post

U.S. v. Sabre Decision Is Wrong About Platform Markets

April 9, 2020 Anticompetitive mergers , Competition , Department of Justice , Litigation

I’m very concerned about yesterday’s decision in U.S. v. Sabre, the antitrust case examining the merger of Sabre and Farelogix, two airline ticket software companies. Aside from the consolidation of the airline ticket software industry, the decision includes a really troubling interpretation of the already problematic American Express decision from 2018, potentially making it more […]

Read More
Post

Legal Analysis: The Risk of Appealing the T-Mobile/Sprint Court Decision

March 27, 2020 Legal Analysis , Litigation , Mergers , Sprint/T-Mobile

Last month, Judge Victor Marrero of the District Court of the Southern District of New York issued a decision allowing the proposed merger between Sprint and T-Mobile to proceed, rejecting a suit brought by a coalition of state Attorneys General. This decision is deeply disappointing—Public Knowledge and other groups fought hard to stop the merger, […]

Read More