Tag Archives: technology

Why deleting your Pinterest boards over copyright concerns is an overreaction

Kirsten Kowalski of DDK Portraits wrote a blog post about why she  “tearfully” took down her Pinterest boards. The reason she gave was her concern over copyright infringement and the liability she felt she had opened up. Her blog post went viral, including an article on the ABA Journal about it, in part (I believe) […]

The iBooks Author EULA does not create an exclusive license, and doesn’t steal your copyright

This is a follow up to my previous post on the iBooks Author End User License Agreement (EULA) and what it actually means. Rather than posting an update to that post, I decided to follow it up with a simple breakdown of why all of the people who believe the EULA takes away (or tries […]

The iBooks Author EULA: What does it really mean?

Apple has announced iBooks Author—a new program that makes it easy for anyone to create stunning and compelling eBooks. The End User License, however, restricts anything made with iBooks Author to distribution on Apple’s channels unless you give the book away for free. NOTE: You can read a follow-up to this post outlining in more […]

Why Bitcoin isn’t a security under federal securities law

There are questions as to whether Bitcoin falls under the regulations of federal securities law. Federal securities law is a complex area of law that grants courts and the SEC great leeway in classifying investment products as securities. Nevertheless, a Bitcoin in-and-of-itself is not a security that can be regulated under federal securities la. NOTE: […]

How Auto-Tune the News made me look at the DMCA and copyright law

My 18-month old daughter and I watch Auto-Tune the News on our AppleTV in the mornings while her mother prepares her daycare bag and I try to function pre-coffee. One morning we clicked on AutoTune the News and nothing came up except an error. My lawyer brain immediately thought of fears that a DMCA takedown […]

Strip searches of the mind: Why the government can search your laptop at the border

Can the Government search your laptop computer when you cross the border?  Yep. It’s called the border search exception.1 No warrant or reasonable suspicion is required, and it doesn’t just apply to laptops.  Anything, including your international mail,2 may be searched without a warrant if it crosses the U.S. border. The U.S. government’s greatest power […]

Open WIFI Access Points — Should you use them, or is that illegal?

You are away from home or you office yet you need the internet, and you need it fast.  Your smartphone has it, but your files and program are on your laptop.  No sweat, you’re downtown near a bunch of apartments.  You see there is an open WIFI access point called “linksys.” But should you use […]

Is a data center liable for defamatory or harassing websites? No.

There are three categories of folks who may have control over a website’s content at any given time.  These are (1) the website owner, (2) the web hosting company, and (3) a data center used by the web hosting company.  The first two are directly related to the content’s storage; a website owner creates and […]

Garage Door Openers and the DMCA’s Anti-Circumvention Provision

Ars Technica, a website chock full of useful articles for any tech lover, has an interesting and lengthy examination of how law and technology interact when it comes to garage door openers. People confuse intellectual property fundamentals all the time.  It is not surprising, then, that specific technical aspects to copyright law get confused by […]

Cell Phones, the Fourth Amendment, and the Ohio Supreme Court

Arrested with an iPhone, Blackberry, Palm Pre, or some other smartphone on you?  Were you carrying your fancy new Netbook? Officers can search you upon arrest in order to protect themselves, inventory your stuff, and prevent evidence from disappearing.  All of these searches can be done without a warrant. What about your searching your electronic […]