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TOTM What does it mean to “own” something? A simple question (with a complicated answer, of course) that, astonishingly, goes unasked in a recent article in . . .
What does it mean to “own” something? A simple question (with a complicated answer, of course) that, astonishingly, goes unasked in a recent article in the Pennsylvania Law Review entitled, What We Buy When We “Buy Now,” by Aaron Perzanowski and Chris Hoofnagle (hereafter “P&H”). But how can we reasonably answer the question they pose without first trying to understand the nature of property interests?
Read the full piece here.
Popular Media BEWARE THE LURKING variable. Even if you didn't suffer through a semester of college statistics, you're probably familiar with the adage "correlation doesn't imply causation." But if you haven't had the pleasure, it's a fairly easy concept to grasp.
Beware the lurking variable. Even if you didn’t suffer through a semester of college statistics, you’re probably familiar with the adage “correlation doesn’t imply causation.” But if you haven’t had the pleasure, it’s a fairly easy concept to grasp.
TOTM In a recent article for the San Francisco Daily Journal I examine Google v. Equustek: a case currently before the Canadian Supreme Court involving the scope of . . .
In a recent article for the San Francisco Daily Journal I examine Google v. Equustek: a case currently before the Canadian Supreme Court involving the scope of jurisdiction of Canadian courts to enjoin conduct on the internet.
In the piece I argue that…
Popular Media There is a lot at stake in the struggle to control the proliferation of illicit material online. On one hand, criminal rings use intermediaries to . . .
There is a lot at stake in the struggle to control the proliferation of illicit material online. On one hand, criminal rings use intermediaries to traffic in illegal pharmaceuticals and to commit property theft and a host of other crimes. On the other hand, civil society advocates (and intermediaries themselves) raise the threat of mass censorship arising from attempts to impose obligations upon intermediaries that would require them to assist in deterring illegal activity.
Even after more than two decades of case l aw on the subject, questions relating to basic jurisdictional authority over intermediaries remain evergreen.
Popular Media Earlier this month Google filed its response to the European Commission's Android antitrust complaint, which alleges that Google thwarts its competitors in search, mobile apps, and mobile devices by limiting their access to Android users through self-serving licensing terms.
Earlier this month, Google filed its response to the European Commission’s Android antitrust complaint, which alleges that Google thwarts its competitors in search, mobile apps, and mobile devices by limiting their access to Android users through self-serving licensing terms.
But the EC’s objections, rooted in an outdated understanding of marketplace dynamics, are a contrivance. They go like this: ‘Google Search is dominant’… if you exclude Amazon and Facebook from its market. ‘Android enjoys a monopoly’… if you forget about iPhones. ‘Google excludes competing apps on Android’ … if you ignore the ease with which users install alternatives.
Presentations & Interviews WATCH: Video
Geoffrey Manne took part in a panel on “dominant platforms” hosted by the Capitol Forum, which also featured Jonathan Kanter of Paul Weiss LLP and Barry Lynn of New America and was moderated by the Capitol Forum’s Teddy Downey. Video of the event is embedded below.
https://www.youtube.com/watch?v=Abjx02koEfg
TOTM Since the European Commission (EC) announced its first inquiry into Google’s business practices in 2010, the company has been the subject of lengthy investigations by . . .
Since the European Commission (EC) announced its first inquiry into Google’s business practices in 2010, the company has been the subject of lengthy investigations by courts and competition agencies around the globe. Regulatory authorities in the United States, France, the United Kingdom, Canada, Brazil, and South Korea have all opened and rejected similar antitrust claims.
And yet the EC marches on, bolstered by Google’s myriad competitors, who continue to agitate for further investigations and enforcement actions, even as we — companies and consumers alike — enjoy the benefits of an increasingly dynamic online marketplace.
TOTM The lifecycle of a law is a curious one; born to fanfare, a great solution to a great problem, but ultimately doomed to age badly . . .
The lifecycle of a law is a curious one; born to fanfare, a great solution to a great problem, but ultimately doomed to age badly as lawyers seek to shoehorn wholly inappropriate technologies and circumstances into its ambit. The latest chapter in the book of badly aging laws comes to us courtesy of yet another dysfunctional feature of our political system: the Supreme Court nomination and confirmation process.
TOTM Yesterday a federal district court in Washington state granted the FTC’s motion for summary judgment against Amazon in FTC v. Amazon — the case alleging unfair trade . . .
Yesterday a federal district court in Washington state granted the FTC’s motion for summary judgment against Amazon in FTC v. Amazon — the case alleging unfair trade practices in Amazon’s design of the in-app purchases interface for apps available in its mobile app store. The headlines score the decision as a loss for Amazon, and the FTC, of course, claims victory. But the court also granted Amazon’s motion for partial summary judgment on a significant aspect of the case, and the Commission’s win may be decidedly pyrrhic.
