Who (and What) is “The Media”?
By Gregory M. Lipper & Elizabeth H. Canter* Introduction Efforts to define the news media have stumped Americans since before the birth of the Republic. In the Federalist, Alexander Hamilton—the future founder of the New York Post—asked, “What is the liberty of the press? Who can give it any definition which would not leave the…
MLRC Bulletin 2010 Issue 2 – New Frontiers in Internet Law: Articles and Comments
Download Publication Enjoining the World: Does the Internet Make Prior Restraints Impossible, Or Are They Easier Than Ever? By James Chadwick and David Snyder From Print to Pixels—Legal Issues in Digital Publishing By Devereux Chatillon Right of Publicity Claims Based on Brand Integration Into Editorial Content By Richard Kurnit Who (And What) Is “The Media”?…
Linkers, Scrapers, Curators, Commentators, and the Theft of Eyeballs: An Investigation of the Case Law Against Aggregators, In All Their Glory
Download PDF By Katherine Vogele Griffin* On March 18, an 89-page decision from the Southern District of New York landed with a promising “thud” in many media lawyers’ inboxes, possibly offering a new legal weapon for those concerned about aggregators: Barclays Capital Inc. v. TheFlyOnTheWall.com.[1] After a fully contested trial the district court found an…
Right of Publicity Claims Based on Brand Integration Into Editorial Content
Download PDF By Richard Kurnit* Brand integration into content may be necessary for media to maintain the financial support of advertisers. Consumers are now in control of their interactions with content and are increasingly accustomed to filtering out or avoiding discrete commercial messages—paid media insertions—“advertising.” Consequently, brands are seeking ways to integrate their messages into…
From Print to Pixels – Legal Issues In Digital Publishing
Download PDF By Devereux Chatillon I. Introduction Apple’s iPad went on sale on April 3, 2010. On May 3, 2010, Apple announced that it had sold 1,000,000 iPads, beating early iPhone sales which took more than two months to reach the magic million figure.[1] By the end of the month, that number had reached 2,000,000.[2]…
Enjoining the World: Does the Internet Make Prior Restraints Impossible, or Are They Easier Than Ever?
Download PDF By James Chadwick and David Snyder* I. Introduction Alex Kozinski, Chief Judge of the U.S. Court of Appeals for the Ninth Circuit, recently gave the First Amendment an extended eulogy in a lecture he titled “The Late, Great First Amendment.” His central premise was straightforward: Why do we need the Constitution when anyone…