Rules For The Revolution: The Podcast

Answering your questions about podcasting, new media and the law.

Archive for the 'Unfair Competition' Category

Episode 020: Net Neutrality

Welcome to Rules for the Revolution. Click on this link to listen to Episode 020 or subscribe and listen through iTunes.

SHOW NOTES
Host: Colette Vogele
Guest: Alex Curtis, Director of Policy and New Media at Public Knowledge

Alex CurtisAlex is Public Knowledge’s Director of Policy and New Media. Before his position with PK, Alex developed an interest in public policy early in college. He interned for United States Senate Senator Mike DeWine — making DeWine the second U.S. Senator on the Internet by one day. He was asked to return in subsequent years and in addition to creating websites for both Senator DeWine and Senator George V. Voinovich, he also worked on legislative issues. While in law school, Alex clerked for the Antitrust Subcommittee of the Senate Judiciary Committee, working on issues such as Broadband, Digital Online Music, and Open Access. Alex graduated from Wake Forest University in 1998 with a Bachelor of Science in Business Administration. He later earned his Juris Doctorate in 2001 from the University of Akron School of Law, where he focused on intellectual property.

Topic: In this extended episode, Colette discusses the issue of “network neutrality” with Alex Curtis, of Public Knowledge, a Washington-based advocacy group. We address many issues of the net neutrality debate, including the meaning and importance of network neutrality, how it is both a consumer and a business issue, the history of telephone and cable regulations that helps explain why we’re in this situation today, principles that underscore the goals of network neutrality, the positions of advocates on the other side of the debate, and steps you can take to voice your opinions.

Links for this Episode

  • Profesor Tim Wu’s FAQ on network neutrality (a very complete FAQ with whitepapers to help people dig into the issue)
  • Public Knowledge’s Net Neutrality Policy Blog
  • SaveTheInternet.com (where a lot of the activism takes place) (also note how broad the support is for the SaveTheInternet effort)
  • Hands Off the Internet (providing resources and information from those on the other side of the debate (this site is organized and run by the telcos and cable cos)
  • YouTube videos (The video made by Alex has a great explanation of the potential problems if net neutrality is not enforced)
  • This Spartan Life’s take (particularly timely with the recent release of Halo3)
  • Ask A Ninja on Network Neutrality
  • SSRN Papers from Economics of Networks (this links to a list of abstracts from the Social Science Research Network’s “Economics of Networks” subject list, which is edited by Nicholas Economides, Exec. Dir. of the Networks, Electronic Commerce, and Telecommunications Institute & Professor of Economics, New York University – Stern School of Business.
  • As always, you can reference the The Podcasting Legal Guide: Rules for the Revolution for more information on legal questions related to podcasting in the U.S. For Canadian listeners, please check out the Canadian Podcasting Legal Guide.

    New!! Purchase your copy of the Business Podcasting Book, just released through the Podcast Academy book series and Focal Press.

    Credits: Josh Pike, Producer. Music for this episode is licensed from Magnatune. (Artist: Burnshee Thornside; Album: The Art Of Not Blending In; Song: Can I Be A Star.) Special thanks to Creative Commons and Alex Roberts for the logo design, and to Bill Streeter for getting this site designed and rolling for us.

    Feedback: We would very much like to hear from you and get your feedback on this new podcast series. Things you like, don’t like, or questions you have that you’d like answered in a future episode are welcome. Please send us your feedback and questions by emailing us at colette [at] rulesfortherevolution [dot] com.

    Licensing:


    Creative Commons License

    The original content of this podcast is licensed under a
    Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License. Please attribute legal copies of this work to “Colette Vogele, Rules for the Revolution: The Podcast”. For information on commercial use, please contact colette [at] vogelelaw [dot] com.

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    Episode 016: Rights of Publicity, Privacy (Part II)

    Welcome to Rules for the Revolution. Click on this link to listen to Episode 016 or subscribe and listen through iTunes

    SHOW NOTES

    Host: Colette Vogele

    Guest: Gregory Alan Rutchik, Esq.
    Gregory Rutchik, the founder of the arts and technology law group, specializes in infringement litigation. You can find Gregory in San Francisco and Santa Monica, California, and on the internet at www.rutchik.com. Gregory is currently finishing a book from the “entreporneur” series, which will be available at the end of this summer on the topic of publicity and privacy rights.

    Links for this Episode

  • Rutchik’s blog entry about 2257 Statute
  • 18 U.S.C. 2257 (Record Keeping Requirements for adult content)
  • Internet Law Treatise (from EFF) on Right of Publicity
  • Section 3344 and 3344.1 of California Civil Code
  • Wordpress plug in
  • Podcasting Legal Guide on Right of Publicty
  • As always, you can reference the The Podcasting Legal Guide: Rules for the Revolution for more information on legal questions related to podcasting.

    Credits: Benjamin A. Costa, Legal and Production. Music for this episode is licensed from Magnatune. (Artist: Burnshee Thornside; Album: The Art Of Not Blending In; Song: Can I Be A Star.) Special thanks to Creative Commons and Alex Roberts for the logo design, and to Bill Streeter for getting this site designed and rolling for us.

    Feedback: We would very much like to hear from you and get your feedback on this new podcast series. Things you like, don’t like, or questions you have that you’d like answered in a future episode are welcome. Please send us your feedback and questions by emailing us at colette [at] rulesfortherevolution [dot] com or by calling our listener comment line at 206-948-1455 Note new number!!.

    Licensing:


    Creative Commons License

    The original content of this podcast is licensed under a
    Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License. Please attribute legal copies of this work to “Colette Vogele, Rules for the Revolution: The Podcast”. For information on commercial use, please contact colette [at] vogelelaw [dot] com.

    4 comments

    Episode 015: Right of Publicity, Privacy (Part I)

    Welcome to Rules for the Revolution. Click on this link to listen to Episode 015 or subscribe and listen through iTunes

    SHOW NOTES

    Host: Colette Vogele

    Guest: Gregory Alan Rutchik, Esq.
    Gregory Rutchik, the founder of the arts and technology law group, specializes in infringement litigation. You can find Gregory in San Francisco and Santa Monica, California, and on the internet at www.rutchik.com. Gregory is perfect for today’s topic because he’s currently writing a book which will be available at the end of this summer on the topic of publicity and privacy rights.

    Links for this Episode

  • Internet Law Treatise (from EFF) on Right of Publicity
  • Section 3344 and 3344.1 of California Civil Code
  • Practitioner’s Guide to Right of Publicity
  • ALI Restatement (Third) of Unfair Competition
  • Paris Hilton/moving storage case summary from the law firm Latham & Watkins
  • Discussion of Paris Hilton case on Patry Copyright Blog
  • As always, you can reference the The Podcasting Legal Guide: Rules for the Revolution for more information on legal questions related to podcasting.

    Credits: Benjamin A. Costa, Legal and Production Intern. Music for this episode is licensed from Magnatune. (Artist: Burnshee Thornside; Album: The Art Of Not Blending In; Song: Can I Be A Star.) Special thanks to Creative Commons and Alex Roberts for the logo design, and to Bill Streeter for getting this site designed and rolling for us.

    Feedback: We would very much like to hear from you and get your feedback on this new podcast series. Things you like, don’t like, or questions you have that you’d like answered in a future episode are welcome. Please send us your feedback and questions by emailing us at colette [at] rulesfortherevolution [dot] com or by calling our listener comment line at 206-350-5738.

    Licensing:


    Creative Commons License

    The original content of this podcast is licensed under a
    Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License. Please attribute legal copies of this work to “Colette Vogele, Rules for the Revolution: The Podcast”. For information on commercial use, please contact colette [at] vogelelaw [dot] com.

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    Episode 014: More on TMs with Marty Schwimmer (infringement, dilution, and other TM disputes)

    Welcome to Rules for the Revolution. Click on this link to listen to Episode 014 or subscribe and listen through iTunes

    SHOW NOTES

    Host: Colette Vogele

    Guest: Martin Schwimmer

    Martin Schwimmer
    Martin Schwimmer is a principal at Schwimmer Mitchell Law and has been Of Counsel to Moses and Singer since 2007. Marty’s practice is concentrated in the area of U.S. and international trademark law and domain name counseling, prosecution and litigation. He represents some of America’s largest corporations regarding the special policing issues raised by use of brand names on the Internet. Managing Intellectual Property magazine identified Mr. Schwimmer as one of the best trademark lawyers in the United States. Marty also publishes The Trademark Blog, widely recognized as a leading source of trademark news and case analysis.

    Topics and Questions for Episode 014: In this episode, Colette discusses with trademark and domain name expert Marty Schwimmer issues of trademark infringement like what to do if you receive a cease & desist letter? What is cybersquatting? What is counterfeiting? What is trademark dilution? What is the UDRP and ICAAN? Where can I be sued? And what is the Declaratory Judgment Act?

    Links for this Episode

  • Lanham Trademark Act
  • Anti-cybersquatting act
  • UDRP
  • UDRP Opinion Guide from Harvard
  • ICAAN
  • Patent and Trademark Office Website
  • Declaratory Judgment Act
  • Amercan Blind vs. Google case
  • As always, you can reference the The Podcasting Legal Guide: Rules for the Revolution for more information on legal questions related to podcasting.

    Credits: Benjamin A. Costa, Legal and Production Intern. Music for this episode is licensed from Magnatune. (Artist: Burnshee Thornside; Album: The Art Of Not Blending In; Song: Can I Be A Star.) Special thanks to Creative Commons and Alex Roberts for the logo design, and to Bill Streeter for getting this site designed and rolling for us.

    Feedback: We would very much like to hear from you and get your feedback on this new podcast series. Things you like, don’t like, or questions you have that you’d like answered in a future episode are welcome. Please send us your feedback and questions by emailing us at colette [at] rulesfortherevolution [dot] com or by calling our listener comment line at 206-350-5738.

    Licensing:


    Creative Commons License

    The original content of this podcast is licensed under a
    Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License. Please attribute legal copies of this work to “Colette Vogele, Rules for the Revolution: The Podcast”. For information on commercial use, please contact colette [at] vogelelaw [dot] com.

    2 comments