Hot News! … for IP lawyers. Hot news is still good law. After 90 years, a dusty 1918 Supreme Court case (International News Service v. Associated Press, 248 U.S. 215 (1918)), often overlooked and generally ignored, was resurrected from the judicial cobwebs by Judge Castel. The case before Judge Castel involved the same news gathering icon and was styled Associated Press v. All Headline News Corp. (decided on February 17, 2009, United States District Court for the Southern District of New York, 08 Civ. 323(PKC)). As an added attraction, Judge Castel also weighed in on an increasingly diverse debate over what constitutes protected "Copyright Management Information," or "CMI," under the Digital Millennium Copyright Act (DMCA).Continue Reading Hot News Meets DMCA
Digital Media
Federal Appeals Court Strikes Down California Law Banning the Sale or Rental of “Violent Video Games” To Minors
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On February 20, 2009 the Ninth Circuit Court of Appeals struck down a California law banning the sale or rental of "violent video games" to minors and requiring such games to be labeled "18" (the legal age for adults). While this decision may surprise some California lawmakers and parents, its holding is fully consistent with substantial United States Supreme Court precedent entitling minors to a significant measure of First Amendment protection, and leaving parents with the duty to supervise "appropriate" content.Continue Reading Federal Appeals Court Strikes Down California Law Banning the Sale or Rental of “Violent Video Games” To Minors