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Section 512 of the Copyright Act, passed in 1998, was created to preserve incentives for online service providers (OSPs) and copyright owners to cooperate on detecting and policing copyright infringement, while also giving those OSPs greater certainty about their legal exposure.
Legal history offers examples of areas where attempting to apply liability directly to bad actors is likely to be ineffective, but where certain related parties might be able to either control the bad actors or mitigate the damage they cause.
The DC Circuit has reversed the district court in the Whole Foods case. The opinion is here. [HT: Danny Sokol] As regular readers know, we . . .
The concept of fairness is not foreign to competition law, nor are considerations of fairness new to it. Persistent uncertainty regarding what constitutes fairness . . .
In a prior post, I made the important if wholly unoriginal point that the Federal Trade Commission’s (FTC) recent policy statement regarding unfair methods of competition (UMC)—perhaps a . . .
Background: In 2015, the Federal Trade Commission (FTC) issued a policy statement on its “unfair methods of competition” (UMC) authority—the antitrust part of Section 5 . . .
Background: U.S. law grants both the Federal Trade Commission (FTC) and the U.S. Justice Department (DOJ) authority to enforce both the Sherman Antitrust Act and . . .
European Union officials insist that the executive order President Joe Biden signed Oct. 7 to implement a new U.S.-EU data-privacy framework must address European concerns about U.S. . . .
The Federal Trade Commission’s (FTC) recently released Policy Statement on unfair methods of competition (UMC) has a number of profound problems, which I will detail below. But . . .
ICLE Director of Law & Economics Programs Gus Hurwitz joined a panel at the Gray Center’s Oct. 14 conference, “The Administration of Antitrust: The FTC . . .
Executive Summary The Federal Trade Commission (“FTC”) has issued an Advanced Notice of Proposed Rulemaking (“ANPR”) on “Commercial Surveillance and Data Security,”[1] initiating a proceeding . . .
On Nov. 10, the Federal Trade Commission (FTC) issued a new statement explaining how it will exercise its standalone FTC Act Section 5 authority. Despite the length . . .