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The Lawyering Behind Facebook's IPO

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Facebook thumbs-up symbol with "cha-ching" and large asteriskToday, Facebook does its IPO - initial public offering. That means it begins offering shares of its stock for public trading on a stock exchange.

Non-lawyers out there may be wondering what is involved, legally speaking, in "going public"? Read more » about The Lawyering Behind Facebook's IPO

The Unintended Consequences of CISPA

The Cyber Intelligence Sharing and Protection Act ("CISPA") is the latest example of a depressingly common situation in Washington DC -- well-meaning legislators unfamiliar with technology try to rush through a statute about a high-profile Internet issue (here, cybersecurity). Proponents of the bill say they want to faciliate information sharing between the federal government and the private sector. What they don't seem to understand is that existing laws already permit most kinds of cybersecurity information sharing. Read more » about The Unintended Consequences of CISPA

Seventh Circuit Upholds First Amendment Right to Film Police

With cell phone cameras everywhere, it has become common for members of the public to film encounters with the police. Whether the police are behaving professionally or engaged in an unprovoked assault, citizen video provides oversight and potential evidence. But some officers are unhappy with this form of public accountability and have responded by arresting people who try to film them. In an important decision this week, the Seventh Circuit ruled in ACLU v. Alvarez that the public has a First Amendment right to film police. Read more » about Seventh Circuit Upholds First Amendment Right to Film Police

Commentary on Infrastructure: The Social Value of Shared Resources

Last week, Concurring Opinions hosted a symposium on my book.  Here are links to the posts:

Frank Pasquale’s Introduction to the Infrastructure Symposium:

Deven Desai, Education and Infrastructure: Read more » about Commentary on Infrastructure: The Social Value of Shared Resources

When Mobile Telecommunications Routes Become Banks

Lately, I have been puzzled by the proliferation of bank-mobile operator partnerships in the developed and emerging countries.  The mobile carriers provide the remittance or payments instructions, and the banks move the money, conduct the foreign exchange (e.g., into/out of U.S. Dollars) and deliver the cash or credit to the intended recipient.  

Are the banks really necessary in this money transfer process?  No, they are not, and have not been for years - try over a hundred years! Read more » about When Mobile Telecommunications Routes Become Banks

A Glance Inside The Clearance Culture

The clearance culture is the set of norms and practices within the entertainment industry that mandates—whether or not the law actually requires it—that every scrap of copyrighted or trademarked material be cleared with the original rights-holder. While copyrighted material often does need to be licensed (e.g. soundtrack music), the clearance culture imposes burdens well beyond the law and has become a self-perpetuating and self-serving system of self-censorship. Read more » about A Glance Inside The Clearance Culture

Chain-Link Confidentiality

I have just uploaded a new essay about online privacy to SSRN that will appear in Volume 46 of the Georgia Law Review. The essay, titled "Chain-Link Confidentiality," asserts that personal information that is shared online can be better protected if we require our confidants to make sure that their confidants are watching out for us. This strategy could help us retain control over our personal information as it moves downstream. Your comments are warmly welcome. Read more » about Chain-Link Confidentiality

Fair Use during submittal of prior art during patent prosecution: John Wiley & Sons v. McDonnell Boehnen

 

Dennis Crouch today reports on John Wiley & Sons v. McDonnell Boehnen Hulbert & Berghoff.  The crux of this case concerns the disclosing and submitting material prior art to the patent office during patent prosecution.  When this material consists of copyrighted articles like academic journals, problems may arise when subsequent copies are distributed within the law firm, retaining file copies, distribution of pdf’s, and use by a government agency. Read more » about Fair Use during submittal of prior art during patent prosecution: John Wiley & Sons v. McDonnell Boehnen

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