When “Unique” Doesn’t Mean “Special” (and Why that Actually Makes Sense) Last time, we looked at how venerable Pandora fits into the legal ecosystem of online music services. It’s a webcaster, which means that, if it plays its cards...
What We Did Learn (Sort of) from the MP3Tunes Decision In our last post, we looked at what the MP3Tunes decision didn’t tell us–that it didn’t put the music industry’s best argument to the test. We looked at the contours of this “nuclear option,” including the...
What We Did Learn (Sort of) from the MP3Tunes Decision In our last post, we looked at what the MP3Tunes decision didn’t tell us–that it didn’t put the music industry’s best argument to the test. We looked at the contours of this “nuclear option,” including the...
Why Grooveshark Might Not Swim into the DMCA Safe Harbor In our last blog post, we examined two of the four main requirements for Grooveshark’s DMCA safe-harbor defense. Those requirements were (1) having and implementing a repeat-infringer policy, and (2) compliance...
Is Grooveshark Just the YouTube of Music? Although Grooveshark has been sued now three times, it has not yet had to explain why it thinks its activities are legal. After all, as we explained in our last two posts, its activities are infringing–but surely...
Or, Why Your Kindle Isn’t Your Nightstand Eighth Annual eCommerce Best Practices Conference Stanford University, June 24, 2011 The second break-out session was wide-ranging, in part because it took a broad view of “virtual goods.” A narrow definition of the...
