February 1, 2023

Pokémon Go and The Law: Privacy, Intellectual Property, and Other Legal Concerns

Pokémon Go made 22-year-old Kyrie Tompkins fall and twist her ankle. “[The game]  vibrated to let me know there was something nearby and I looked up and just fell in a hole,” she told local news outlet WHEC 10. So far, no one has sued Niantic or The Pokémon Company for injuries suffered while playing […]

Google Fights Genericide Claim (and Wins)

Google’s famous trademark in its name has just survived a challenger’s attempt to have it declared generic. In Elliott v. Google, a federal court in Arizona held last week that despite the public’s use of the word “googling” to mean “searching on the Internet,” the “Google” word mark still functions in the minds of consumers […]

FOIA: When the Exemptions Swallow the Rule

I’ve been researching and writing over the last few years on privately ordered—what the government calls “non-regulatory”—approaches to online IP enforcement. The gist of this approach is that members of trade groups representing different types of online intermediaries (broadband providers, payment processors, ad networks, online pharmacies) agree in private contracts or less formal “voluntary best […]

A Response to Jerry: Craig Should Still Dismiss

[Cross-posted on my blog, Managing Miracles] Jerry Brito, a sometimes contributor to this blog, has a new post on the Reason blog arguing that I and others have been too harsh on Craigslist for their recent lawsuit. As I wrote in my earlier post, Craigslist should give up the lawsuit not just because it’s unlikely […]

Copyrights, Fundamental Rights, and the Constitution

There was a lot to take issue with in Scott Turow’s recent op-ed in The New York Times. Turow, who is currently President of the Authors Guild, took to The Times to criticize the Supreme Court’s decision in Kirtsaeng v. John Wiley & Sons, which brought physical books manufactured and sold abroad within the protective […]