Wednesday, November 3, 2010

RIP Andy Irons

One of my favorite surfers tragically passed away this morning. Andy Irons the hawaiin native aparantly died from Dengue Fever in a Dallas hotel. I am saddenned to hear this. AI's memory will always live on in the surfing world. He was amazing and will be remember as one of the best..

Agents $$$$$

Agents by the numbers from Jack Bechta's post on NFP...

Rosenhaus Sports: 146 (2 agents)
CAA Football: 104 (2 agents)
Athletes First: 91 (5 agents)
Priority Sports &Entertainment: 84 (5 agents)
SportsStars: 78 (7 agents)
Octagon: 52 (6 agents)
All Pro Sports &Entertainment: 56 (2 agents)
France All Pro Athlete Management: 53 (1 agent)
Agencies with 40 to 49 clients: 6
30 to 39: 10
20 to 29: 9
10 to 19: 31 (I’m in this group with 17 clients.)
3 to 9: 100

The 9 largest agencies represent about 671 players. There are another 55 firms, representing between 10 and 49 clients each, for a total of 900 players. There are roughly 2,000 players on 53-man rosters, practice squads and IRs. That leaves about 100 firms to represent 430 players who are mostly sitting at the bottom of a roster or on the practice squad.

According to the Players Association, the average agent fee per player is about 2.9%. Even though players can negotiate their fees, which are capped at 3%, players are willing to pay their agents close to the max.

It is typical for many agents to reduce fees for first round picks. For example, it is a common practice to reduce the fee for a top 10 draft pick to 2%.

So, based on these numbers, what are agents making?

With an average salary of about $2M per active player, an agent with 20 active players may gross an estimated $1.16M. An agency with 50 clients could gross $3M per year or more. For a firm like Athletes First, which represents several highly compensated starting QBs, it is probably much higher.

An agent’s overhead can range anywhere from 10% to 40% of gross fees. The largest expenses are usually Combine training, travel, office and staff. For example, an agency may spend on average about $15,000 to train each new draft pick.

Wednesday, October 27, 2010

NFLPA and NCAA Talking...

More On Possible NFL Suspensions for Drafees taking Benefits

The NCAA has now come out and said that it isn't going to support (or even consider) the possibility of fining NCAA student-athletes who took illegal benefits from agents....

Tuesday, October 26, 2010

NFLPA Not in favor of Fines

Not surprising, the NFLPA is NOT in favor of fining entering draftees who violated NCAA rules and received benefits..

Recent Legal News

California Bans Malicious Online Impersonation (Computer World, 28 Sept 2010) - A new law makes it illegal in California to maliciously impersonate someone online. On Monday California Governor Arnold Schwarzenegger signed the law, which makes it a misdemeanor in the state to impersonate someone online for "purposes of harming, intimidating, threatening, or defrauding another person." The law is designed to crack down on cyber-bullying and would apply to cases like that of Elizabeth Thrasher, who was charged last year with posting a 17-year-old girl's photo, e-mail and mobile number to a Craigslist adult forum, following an argument. The law is not designed to prohibit parody or satire, but some worry that it could have a chilling effect nevertheless. "It could be used to put the lid on free speech," said Mike Bonanno a member of the Yes Men, a group that has made a career out of parodying powerful corporations. "Our impersonations are revealed almost immediately after we do them -- there is a net gain of information for the public: it is anything but fraud. But those facts may not stop corporations and their political cronies from using this law to attack activists who are truly exercising free speech," he wrote in an e-mail. The Electronic Frontier Foundation doesn't like the law either. Like Bonanno, EFF Senior Staff Attorney Corynne McSherry worries that it could give corporations and public officials a new way to sue their critics into silence. "We're disappointed that the Governor decided to sign this bill, given that it is likely to be used to squelch political speech," she said via e-mail. The law lets victims seek damages in civil court. Perpetrators can also face criminal charges -- up to a $1,000 fine and a year's imprisonment. The law takes effect Jan. 1, 2011. http:// California_bans_malicious_online_impersonation?taxonomyId=17

Deleted Facebook and MySpace Posts Are Discoverable--Romano v. Steelcase (Eric Goldman, 29 Sept 2010) - On my personal blog, I have repeatedly blogged about plaintiffs who tell one story in court only to have that story undone by their postings to social networking sites. See, e.g., Sedie v. US, People v. Franco (despite the tragedy, my personal favorite) and Embry v. State. This case is in the same vein. Romano claims that she is largely bedridden/housebound, but her public Facebook pictures show her apparently enjoying herself away from home. The defense requests access to her non-public posts on Facebook and MySpace, which the judge grants. The short opinion focuses on the defense's ability to access the private posts, but the actual order covers both current as well as deleted material. Specifically, the court orders "Defendant STEELCASE's motion for an Order granting said Defendant access to Plaintiff's current and historical Facebook and MySpace pages and accounts, including all deleted pages and related information, is hereby granted in all respects." The court didn't discuss the deleted material separately in its analysis, but this seems like a gotcha. Once a person posts material to Facebook or MySpace, there may not be a meaningful "undo"--even deleting it does not eliminate the material as future discoverable evidence for the duration of Facebook's and MySpace's retention periods. [This raises the related Q of how long the sites archive deleted material. Facebook's privacy policy had the opaque statement "Removed and deleted information may persist in backup copies for up to 90 days, but will not be available to others." Putting aside the ambiguity of not being available to others--an untrue statement given the subsequent privacy policy statement about cooperating with legal requests--I couldn't tell if this was the retention policy. So, if I delete a photo from Facebook on day 1, does this statement mean that the photo will become undiscoverable by day 91?]

Who Owns a Terminated Employee's Twitter Account? ( Legal Blog Watch, 5 Oct 2010) - On his Spam Notes blog, Venkat Balasubramani attempts to answer an interesting question inspired by CNN's recent firing of anchor Rich Sanchez for comments he made about comedian Jon Stewart. The question, first posed by Marshall Kirkpatrick at ReadWriteWeb, is who owns the rights to Sanchez's CNN-branded Twitter account (@ricksanchezcnn) with over 146,000 followers? Kirkpatrick asks: "Does Sanchez own his Twitter account or does CNN? Ought he be required to remove the reference to CNN from his name?" Venkat writes that absent an agreement governing the right to the username, the issue is quite muddy. He believes Sanchez could argue that "if he built up a fan-base as a result of his popularity, he's not required to turn over his 'fans' to his employer." CNN, on the other hand, could counter that Sanchez "gained these followers by exploiting the CNN brand and by using company resources." Venkat concludes that Sanchez's position is probably stronger, but that he probably cannot keep the letters "CNN" in his username. Venkat adds that CNN and its media peers would be well-served to start addressing ownership of social media accounts via contract. Such an agreement, he notes, could have provided that upon termination:

(1) Sanchez would stop using the account immediately;

(2) CNN would have access to Sanchez's password at all times;

(3) Sanchez would not post any public statements without CNN's approval; and

(4) Sanchez would turn over the account to CNN.

http:// employees-twitter-account.html [Editor: this advice might be more nuanced, don't you think? E.g., #3 is a bit strange.]

From the monthly IPLRN emails...

Monday, October 25, 2010

The Answer???

Is this the answer to the agent/ improper benefits problem in NCAA athletics? Should we fine the players for taking the benefits when they reach it professionally?

Friday, October 22, 2010

NFL Most Important 40

The most influential/ important people in the NFL and that only includes 3 players.

Sunday, September 26, 2010

Sunday, September 19, 2010

Sunday, August 1, 2010

Revis Contract Holdout

Saturday, July 31, 2010

Tuesday, July 27, 2010

Concussion: A Must Read for NFL Players

Concussion: A Must Read for NFL Players

This is the NFL's NEW concussion guidelines, warnings and suggestions for for Players regarding concussions.

Sign Here Please

Here is a little from my latest post on titled, Sign Here Please: Are NFL Contracts Getting Harder to Negotiate?
Finally! Three months after the 2010 NFL Draft, the first contract for a first-round draft pick has been signed. On July 22nd, Dez Bryant, the 24th overall pick, reached an agreement with the Dallas Cowboys for a five year contract worth up to $11.8 million, including $8.5 million guaranteed. According to the National Football Post, the deal has a signing bonus and first-year roster bonus totaling $2.52 million. It also includes a $3.185 million one-time incentive clause and no second-year option bonus. The wide receiver will earn a base salary of $320,000 this year and has several escalators and bonuses tied in to playing time.

Dez is at camp and has already caused a ruckus. Here is a video interview with Bryant from Dallas camp over the weekend, where he states that he will not carry Roy Williams pads or do any of the other traditional rookie chores or gags. Dez says that he was brought to Dallas to win games, not to carry teammates’ pads.

At a press conference the day after Bryant signed, Jerry Jones thanked Bryant’s agent Eugene Parker of Maximum Sports Management for working with the Cowboys to help make a deal before camp possible. Parker represents Michael Crabtree, the 49ers WR that held out well into the regular season last year. Parker had also represented previous Cowboys first-round selections Felix Jones and Mike Jenkins, and had both reporting late to Cowboys camp. With reports claiming that Parker wanted to make a deal with the Cowboys ASAP and ultimately signing a contract only a few days later, it looks like he learned some lessons from the Crabtree holdout and his previous dealings with the Cowboys in Jerryland.

And since the NCAA started investigating several schools last week for impermissible agent/player benefits, let’s not forget what happened to Dez Bryant last season when he only played in three games because of an NCAA suspension for lying to NCAA investigators about dinner and a meeting with Eugene Parker’s former star NFL client, Deion Sanders. Did Parker try harder to get Bryant into camp with a contract and no holdout because he felt responsible for Bryant losing his eligibility last season? Maybe the NCAA even learned something from Dez Bryant’s dilemma at Oklahoma State, and has picked up the level of enforcement this year (or maybe they stumbled upon these NCAA violations from a student athlete’s Tweet about a trip to Miami with the boys).

Anyway, with Bryant’s contract negotiated, the Cowboys began training camp this Saturday with a full roster and no worries about a potential hold out by the player they moved up in the draft to grab. But will Bryant’s signing spur other first round picks to finalize their contracts in the near future? Are NFL contracts getting harder to negotiate? Are agents demanding more money and holding out, or are contract terms and clauses delaying the process or even causing an impasse?

This year’s first overall pick Sam Bradford and his agent Tom Condon recently started negotiations with the Rams. Condon and Bradford are looking to negotiate the richest contract in NFL history. One worth around $45-$50 million in guaranteed money.

The sooner Condon can work a deal, the better for Pro Bowl veteran quarterbacks Tom Brady and Peyton Manning, who will be using the numbers from Bradford’s expected large rookie deal as a barometer for their own contract negotiations. Peyton is even represented by Condon. Brady is rumored to be looking for somewhere around $20 million a year. He is set to make $6.5 million this year($3.5 base) after a negotiating a $3 million bonus in March. Perhaps Brady wants to beat Peyton in next year’s Fortunate 50 US Athletes. Peyton is the only NFL player in the top ten (#9) of the list, earning a total of $30.8 million including endorsements ($15 million).

Condon surely isn’t the only agent attempting to finalize a contract for his clients. With training camps rapidly approaching for all NFL teams, we will likely see a barrage of draft picks signing contracts and rolling in the “quam,” as Rod Tidwell would say. We all know Drew Rosenhaus and the RSR crew are out there working hard and smart for Terrell Owens and the many other NFL clients on their high profile roster.

According to, through Saturday (based on official notification to the league office), 71 percent of the players selected in the 2010 NFL Draft (182 of 255) have signed contracts. Through Thursday, July 22, 163 of the 255 players selected in the 2010 NFL Draft had signed contracts, up from 126 of 256 draft choices signed as of July 22, 2009. As of July 24th, among players selected in the first three rounds – 26 have signed this year vs. 20 at this time last year, an increase of 30 percent. Through midnight on July 25th, a total of 33 players selected in the first three rounds have been signed.

Although the velocity of overall players signing contracts has increased this year, the number of first round players signing contracts early has certainly not followed suit.

Before Dez Bryant signed, Vlad Ducasse, the 61st overall pick by the New York Jets, was the first second-round draft pick to sign a contract (Props to Mike Tannenbaum, Ari Nissim and the rest of the Jets management for doing a great job with so many contracts this off-season. There’s still a couple more BIG deals to negotiate). Only four other second-round picks have signed since Vlad. Two of them signed over the weekend. Here is an up to the minute, team-by-team list of all the players drafted in 2010 who have signed with their clubs.

While some people are shocked and amazed when they hear that Bryant was the first first-round pick to sign a contract, and that it was so close to the beginning of camp, this is not the first time the first contract has been negotiated so late. Logan Mankins, the 32nd pick of the Patriots in 2005, was the most recent first first-round draft pick to have signed this late- and he signed on July 25th of 2005.

.....for the rest of the article please click on the link below and read it from

Thursday, June 3, 2010

SCOTUS Flips Miranda On Its Head 5-4

A landmark decision by the SC from a MI case was made this past Tuesday. The 5-4 decision will change Crim Pro classes and police interrogations and gives the Police more latitude in custodial interrogations.

After reading the actual case and the opinion, I can see the Majority's reasoning and understand why the change was made. However, I do not think that it was really needed in this case. The SC could have simply continued to strictly enforce the "Unambiguous" aspect when a suspect has been read their rights and has remained silent. If that suspect then speaks, he is obviously not unambiguously remaining silent and they have Knowingly Intentionally and Voluntarily WAIVED their rights. I think this strict interpretation could have been used in this case and still could be used without changing the previous Miranda procedures.

Overall, I do not mind the change, but think it was unnecessary and shifts the burden to the suspect, giving the Police more leeway and latitude in custodial interrogations. This could eventually lead to Police using tactics that wear down suspects and cause involuntary, coerced, wrongful or forced confessions- which is exactly what Miranda is in place to protect.

Great article by the LA Times on the SC Decision below:,0,1344181.story

Tuesday, May 25, 2010

Friday, April 16, 2010

online Piracy News

Anti-piracy firm DigiProtect, which has teamed up with UK law firm ACS:Law to send thousands of letters to alleged net pirates, has defended its actions. It follows widespread condemnation of their methods, which involves mass-mailing alleged file-sharers asking them to pay a fine or face court. [BBC]
Despite mounds of anecdotes about college students sharing booze-chugging party photos, posting raunchy messages and badmouthing potential employers online, young adults generally care as much about privacy as older Americans according to a new study. The report, from researchers at the University of California, Berkeley and the University of Pennsylvania, is among the first quantitative studies looking at young people's attitudes toward privacy as government officials and corporate executives alike increasingly grapple with such issues. [AP]

Wednesday, April 14, 2010

NEWs for BNA

Google and an alliance of privacy groups have come to Yahoo's aid by helping the Web portal fend off a broad request from the U.S. Department of Justice for e-mail messages, CNET has learned. In a brief filed Tuesday afternoon, the coalition says a search warrant signed by a judge is necessary before the FBI or other police agencies can read the contents of Yahoo Mail messages--a position that puts those companies directly at odds with the Obama administration. [CNET]
An association of songwriters has hit out at Spotify, casting fresh doubt on the streaming service's capacity to generate income for musicians. The British Academy of Songwriters, Composers and Authors (Basca), which represents 2,000 songwriters, claimed yesterday that the payments generated are "tiny" and called for the company to be more transparent about the nature of its business. [Guardian]

Monday, April 12, 2010

Are Law Firms Stopping Chasing Internet Pirates?

News April 12

U.S. Supreme Court Justice John Paul Stevens, who announced his retirement on Friday, is arguably the most liberal member of the court. What's less open to debate is that a pair of his opinions written over a decade ago outlined the legal environment that gave rise to today's Internet.,,, and other major Internet retailers can trace much of their growth in the last decade to Stevens' 1992 opinion that said, unambiguously, that they cannot be required to collect sales taxes on out-of-state sales. [CNET]
In the increasingly sophisticated world of ticket brokering, the Wiseguys have grabbed attention. Whether they are crooked or merely clever will be up to a jury. Federal investigators charge that a ring of hackers working for Wiseguy Tickets Inc. cracked security measures at Ticketmaster and other major vendors. They gained control of 1.5 million tickets to popular and coveted concerts and sporting events nationwide between 2002 and 2009. [Washington Post]
Madison is considering a new law to help police bust prostitution that is moving from the streets to the Internet. The proposal would go beyond the existing prohibition against streetwalking to outlaw Web-based advertisements and other online communication designed to bring together sex workers and johns. [Wisconsin State Journal]

Tuesday, April 6, 2010

Yankee$ This $ea$on

The Yankees infield will make $85.225 million this year. Third baseman Alex Rodriguez will make $33 million, which is slightly less than the Pirates' whole payroll of nearly $35 million.

Derek Jeter, who is a free agent at the end of the season, will take in $22.6 million. Mark Teixeira is scheduled to earn $20.625 million.

Robinson Cano, meanwhile, must survive on a measly $9 million.

Thursday, April 1, 2010

Good Result for Bloggers

Evony, the American-registered games company that was suing the British games blogger Bruce Everiss for libel in an Australian court over a series of highly critical blog posts, has dramatically dropped its case after just two days of hearings. The company abruptly abandoned its case against Everiss, which was being heard in the supreme court in Sydney, halfway through the second day of the case – and is now facing a legal bill of A$114,000 (£68,800) for the defence's costs. [Guardian]

******FAIR USE******

Tuesday, March 30, 2010

No Human Gene Patent

A federal judge on Monday struck down patents on two genes linked to breast and ovarian cancer. The decision, if upheld, could throw into doubt the patents covering thousands of human genes and reshape the law of intellectual property. [NY Times]

Sunday, March 21, 2010

March 21 1985

I turned 25 today..The last Birthday that is really worth celebrating. Now I wont have to pay so much when I rent a car.

HealthCare Bill Passes

219-212 with the Republicans unanimously voting against the Bill. March 21st is a historic day. Lets see where this bill gets us. It still has to get approved by the President, which is of course going to happen. Then it goes to the senate for further debate...

Friday, March 12, 2010

A Week Into NFL Free Agency and......


In the seven days since free agency opened on March 5, 52 unrestricted free agents have signed new contracts as compared to 39 UFAs with at least six accrued seasons at this point last season (based on official notification to the NFL office).

Following is further comparison of UFA signings for players with at least six accrued seasons:

2010 2009
UFA Signings (6+ accr. seasons) 52 39*
UFAs (6+ accr. seasons) Switching Clubs 21 22
UFAs (6+ accr. seasons) Remaining with Club 31 17
Most UFA (6+ seasons) signings, position WR (8) LB (6)

*Note – including players with four and five accrued seasons, a total of 87 UFAs signed new contracts in the first seven days of free agency in 2009

To track all the signings on’s “Free Agency Tracker,” click here.

Thursday, March 11, 2010

Google Books in Italy

Google said Wednesday it will scan up to 1 million old books in national libraries in Rome and Florence, including works by astronomer Galileo Galilei, in what's being described as the first deal of its kind. Officials from Google and the Italian culture ministry said it was the first time Google Books and a culture ministry have had such a partnership. [AP]

2010 Highest Paid NFL Players

Glad the JETS aren't on this lists...

Monday, March 8, 2010

Internet Opening Up Closed Doors???

Seeking to exploit the Internet’s potential for prying open closed societies, the Obama administration will permit technology companies to export online services like instant messaging, chat and photo sharing to Iran, Cuba and Sudan, a senior administration official said Sunday. On Monday, he said, the Treasury Department will issue a general license for the export of free personal Internet services and software geared toward the populations in all three countries, allowing Microsoft, Yahoo and other providers to get around strict export restrictions. [NY Times]

Simple Copyright Video for Artists

Saturday, February 27, 2010

News From GM Mike Tannenbaum of the Jets

Jets general manager Mike Tannenbaum just spoke at the NFL Combine in Indianapolis today and here are a few nuggets:

  • WR Braylon Edwards, who is expected to get a first- and third-round tender of a one-year deal worth over $5 million, had better put up or pack up, Tannenbaum said in no uncertain terms. Edwards, who had an up-and-down season, is looking for a long-term deal.
  • K Jay Feely will hit the free agent market but Tannenbaum said it's not over until it's over. ``We'll keep the lines of communication open. ... By no means does that mean Jay will not be back." Meanwhile, the GM called the signing of ex-Cowboys kicker Nick Folk "good business." Feely, who made $1.5 million last season, must be looking to break the bank. At 33, Feely must figure this is his last shot at a big contract and he wants to cash in.
  • Tannenbaum didn't provide an update on talks with veteran RB Thomas Jones. Jones, who is due to receive a $3 million roster bonus next month and a $2.8 million base salary in 2010, has been told to rework his done or take a walk. The two sides will meet in Indy.
  • The Jets are expected to meet with the agent for two-time Pro Bowl center Nick Mangold, who is in the final year of his contract.

Friday, February 26, 2010

Facebook Gets Patent

Facebook this week was awarded a patent pertaining to streaming "feed" technology, more specifically "dynamically providing a news feed about a user of a social network," complementing another patent filing that has been published but not yet approved. [CNET]

Thursday, February 25, 2010

A Lot of Press for GOOGLE

Google Inc. representatives are scheduled to resume discussions in coming days with Chinese officials about the fate of Google's China business, said people briefed on the matter. The schedule and the status of the talks, which are being picked up after a break for the Chinese New Year holiday, are unclear. [WSJ]
Former children's laureates Quentin Blake, Anne Fine and Jacqueline Wilson, bestselling authors Jeffrey Archer and Louis de Bernières and critical favourites Thomas Pynchon, Zadie Smith and Jeanette Winterson have all opted out of the controversial Google book settlement, court documents have revealed. [Guardian]
Intel Corp. has revealed that it was targeted by a "sophisticated" hacker attack this year at about the same time as a spying probe that hit Google Inc. Intel disclosed the attack in a regulatory filing late Monday. [AP]

An Italian court has convicted three Google executives in a trial over a video showing a teenager with Down's Syndrome being bullied. The Google employees were accused of breaking Italian law by allowing the video to be posted online. [BBC]
Google is facing a preliminary anti-monopoly probe by the European Commission into its dominant position in online browsing and digital advertising following allegations that it demotes competing websites to the lower echelons of customers' search results. The Silicon Valley internet company revealed today that the commission has sent out formal questionnaires seeking information about complaints from three firms – the British price comparison site Foundem, a French legal search engine called eJustice and a shopping site, Ciao, which is owned by Microsoft. [Guardian]

Monday, February 22, 2010

Trailers and Movie Previews Before Films are Compilations, Says the Southern District of NY

BNA’s Electronic Commerce & Law Report reports that the U.S. District Court for the Southern District of New York held Jan. 11 that for the purposes of calculating statutory damages under the Copyright Act, film previews included on infringing DVDs were part of one compilation and did not count as separate infringed works entitled to additional damages. Case name is Nature's Enterprises Inc. v. Pearson. [BNA]

Wednesday, February 17, 2010

Janikowski Gets $9 Mill Guaranteed

Congrats to Sebastian Janikowski and his agent Paul Healy for landing the largest contract ever for an NFL kicker.

Tuesday, February 16, 2010

More on the facebook and free speech case from my last post...

Thinking more about the case in my last post... I couldn't help but compare the judges decision with prior decisions regarding comments from employees regarding employers that turned out drastically different. Several precedent cases have allowed employers to fire employees for comments made on social networking sites. That seems to be different here in this case when a student from a public school was involved. I know the case hasn't been decided yet, but the preliminary ruling by the judge seems to favor the broad umbrella of free speech and the student.

This makes me question what the different between these two cases might be??? One of the things that I think it is might be the public school versus private employer setting, giving the private employer more control of its employers...... Any thoughts???

Judge Says Facebook Group About "the worst teacher ever" is Okay

This case could be a big one in regards to free speech for all on social networking websites such as facebook and twitter

Saturday, February 13, 2010

Italy Clamps Down with Control over Online Videos

Italy Plans To Extend TV Rules To Web Videos
Italy's government is forging ahead with plans to extend television-broadcasting regulations to Web sites that host videos, marking one of the most sweeping attempts by a Western government to tighten control over the use of video on the Internet. The draft decree, expected to take effect early this month, would force sites such as YouTube to operate more like traditional TV broadcasters within Italian borders. [WSJ]

2010 Games in Vancouver

The Olympic Games are starting tomorrow officially. The opening ceremonies just ended and I was actually impressed. I did not think any nation could top China's opening ceremony last Olympics, and the Vancouver ceremonies certainly did not, but it was very well done. The executive producer David Atkins, the man who did the Sydney Olympic games and many others, did a great job. I really like the effects that he had with the lights and water scenes in the beginning and was very impressed with the overall choreography and stamina of the entertainers. 2010 has been a great year for me so far, and the winter Olympics starting only makes this year better. LETS GO USA!!!

Internet Law News This Week

From BNA Internet News.... Thanks to Michael Geist

Ebay Loses Another Suit Over Louis Vuitton Brand
eBay has lost another lawsuit filed against it by luxury goods maker Louis Vuitton Malletier. The Paris District Court ruled Thursday that eBay was liable for harming the reputation of LVM's trademarks, company name, and domain name. LVM had sued eBay claiming that the site was using keywords that hurt the Louis Vuitton brand. [CNET]

Google Fights Back Against Book Settlement Critics
Google filed a strong defense of its digital books settlement with the Authors Guild and the Association of American Publishers, a week before a federal judge is scheduled to hold a hearing in the protracted copyright case. The filing is routine and reiterates arguments the search giant has repeatedly made to defend its 2008 settlement, which allows it to distribute millions of books it scanned online in exchange for sharing revenue with rights holders. [WSJ]

Tuesday, February 2, 2010

KOBE Passes NBA Legend Jerry West

Congrat's to the "Black Mamba" Kobe Bryant for becoming the leading scoring in LA Lakers history today. Scoring 44 points against the Memphis Grizzlies to pass the longstanding record held by Jerry West.

Saturday, January 30, 2010

NBA Limits Social Media Effectiveness

Good article on the NBA's new 75 mile radius rule regarding the use of marketing and social media outlets...check it out

Friday, January 29, 2010

I thought Super Bowls Ads Were Going to Decrease in this economy...

Ohio Court Limits its Protection of Online Porn

The Ohio Supreme Court has narrowly interpreted a state law aimed to protecting children from online pornography and predators, delivering a partial blow to free-speech advocates who wanted it thrown out as unconstitutional. In its unanimous decision, the court said a 2004 law extending the state's definition of "material harmful to minors" to the Internet is clearly intended to apply only to person-to-person communications - not to generally accessible Web sites and public chat rooms. [Washington Post]

One of the First Twitter Lawsuits in Illinois Gets Dismissed

BNA’s Electronic Commerce & Law Report reports that the Illinois Circuit Court for Cook County ruled Jan. 20 that a statement published to the Twitter social networking site claiming that an apartment management company “thinks it's okay” for residents to sleep in moldy apartments is not actionable as defamation per se. Judge Diane Larsen dismissed an apartment company's defamation action against one of its tweeting residents with little fanfare. Case name is Horizon Group Management LLC v. Bonnen. (Subscription required. Free trial available) [BNA]

Thursday, January 14, 2010

Interesting Stuff This Week

A proposed amendment to the Digital Economy Bill in the UK exempts search engines from copyright infringement claims from third parties – Rupert Murdoch presumably included. The amendment would give Google legal immunity with which to index News Corp. content, settling that thorny topic once and for all. However, under the amendment a publisher blocking search spiders with a robots.txt file would be taken as withholding that right. [Guardian]
France's culture minister Tuesday unveiled a plan for adapting the country's literary patrimony to the digital age by developing what he hopes will prove a uniquely Gallic competitor to Google Books. Frederic Mitterrand didn't rule out cooperating with the ubiquitous, U.S.-based search engine and said France was prepared to share files with Google under certain conditions. But he made clear that the company would have to play by France's rules. [Siliconvalley.Com]
U.S., Google And China Square Off Over InternetGoogle's threat to quit China over censorship and hacking intensified Sino-U.S. frictions on Wednesday as Washington said it had serious concerns and demanded an explanation from Beijing. China has not made any significant comment since Google, the world's top search engine, said it will not abide by censorship and may shut its Chinese-language website because of attacks from China on human rights activists using its Gmail service and on dozens of companies, including Adobe Systems. Friction over the Internet, part of a long-running dispute over human rights, appears likely to stoke U.S.-China tensions. [Washington Post]
Yahoo Backs Google's Response To China HackersYahoo supports rival Google's threatened departure from China because of computer attacks that pried into the e-mail accounts of human rights activists. In a statement Wednesday, Yahoo said it's "aligned" with Google's reaction to the hacking that originated within China. [Washington Post]
NY Court Oks Internet Music Sales LawsuitA U.S. federal appeals court revived an antitrust lawsuit Wednesday that accuses major record labels controlling 80 percent of U.S. digital music sales of scheming together to charge high prices. The 2nd U.S. Circuit Court of Appeals in Manhattan said the lawsuit can proceed before a judge in Manhattan because enough facts, as described by the plaintiffs, support the claims. [Washington Post]

Monday, January 11, 2010

Guide to the NFL Combine

Nike Air Kanyeezy: Kanye West's Nike Shoes

These shoes sell for over $300....I just saw a pair go on eBay for $786.79.... The bottom of the shoes actually glow in the dark and they are pretty cool. But in this economy...$780 bux... That deserves a C'mon man....

Thursday, January 7, 2010

The Top Ten Playa's Who Will Shape Technology Law

From Michael Geist at

1) Tony Clement, federal Industry Minister. From anti-spam legislation to the national copyright consultation, Clement demonstrated a keen interest in technology issues during his first year as industry minister.

This year should be no different with privacy reform legislation, a new copyright bill and rules for another wireless spectrum auction all on the agenda. To top it off, Clement has sent strong signals that he wants to forge ahead with a long-overdue national digital strategy.

2) James Moore, federal Heritage Minister. Young, bilingual, and tech-savvy, Moore broke the mould for a minister of Canadian heritage.
This year will present Moore with at least two highly contentious issues likely to leave many unhappy: copyright reform and fee-for-carriage for television broadcast signals.

• Stockwell Day, federal International Trade Minister. The link between international trade and tech policy is not immediately obvious, yet two trade initiatives mean that Day may dictate policy ultimately to his cabinet counterparts Clement and Moore. The anti-counterfeiting trade agreement and the Canada-European Union trade agreement both fall under his mandate and feature detailed intellectual property provisions.

• Peter Van Loan, federal Public Safety Minister. Van Loan is responsible for Bills C-46 and C-47, the controversial lawful access legislation that died last week with the decision to prorogue Parliament. Part security, part privacy and part Internet, the legislation likely will be reintroduced and face stiff opposition when it comes before a House of Commons committee in 2010.

• Charlie Angus, NDP digital affairs critic. The only opposition member to make the list, Angus is frequently the sole voice on digital policy issues on Parliament Hill. With the Liberal Party seemingly unable to muster a coherent digital policy, Angus has filled the void by introducing net neutrality legislation, injecting himself into the copyright debate – and providing a consistent voice for artists' concerns.

• Konrad von Finckenstein, chair of the Canadian Radio-television and Telecommunications Commission. Coming off a busy year, von Finckenstein will remain in the spotlight in 2010.
The CRTC's fee-for-carriage decision will become an immediate lightning rod for praise or criticism (likely both), while the commission's enforcement efforts on the do-not-call registry and net neutrality guidelines will face intense scrutiny.

• Jennifer Stoddart, Privacy Commissioner of Canada. Stoddart enters the final year of her seven-year term with an opportunity to leave her mark on privacy in Canada. Her Facebook decision garnered international attention in 2009, leaving Stoddart with considerable capital to play an influential role on lawful access, privacy reform and anti-spam legislation.

• Ron Kirk, U.S. Trade Representative. Kirk is the leading figure on U.S. trade policy.
U.S. trade officials will undoubtedly claim that Canadian laws are inadequate and Kirk will therefore maintain maximum pressure on Canada on behalf of U.S. lobby interests.

• David Jacobson, U.S. Ambassador to Canada. Jacobson had scarcely unpacked after being confirmed to the post this fall before he was criticizing Canadian intellectual property laws.
Working together with Kirk, Jacobson will provide ample evidence that a change in administration does not mean a change in attitude on digital policy.

Thousands of online Canadians. Last year demonstrated that Canadians are keenly aware of digital issues and willing to actively voice their views. Record numbers participated in the copyright consultation, thousands submitted comments to the CRTC on net neutrality, and more than 100,000 emailed their views on the fee-for-carriage debate.

Friday, January 1, 2010