Tim Greene

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Website operators often take for granted the enforceability of their websites’ terms of service. In a recent order issued in a case from the Central District of California, Nguyen v. Barnes & Noble, Inc., Judge Josephine Tucker reminds us that such presumptions are not necessarily correct: terms of service that do not require an affirmative manifestation of assent from a website user may not always be upheld in court. Many website operators, particularly Internet…
Over the past year, a number of courts across the country have decided cases involving contributory infringement and the application of the Digital Millennium Copyright Act’s § 512(c) safe harbor in the social media context. Unfortunately for those who favor a uniform approach to the law, the precedent being developed is in many ways inconsistent. On one side of the country, the Ninth Circuit solidified § 512(c)’s protections for social media sites in UMG Recordings, Inc.
In today’s information economy, content owners are faced with a challenging decision regarding digital content. On the one hand, the viral nature of social media can mean unprecedented exposure as digital content is shared. On the other, that opportunity can come with significant legal risk if companies take an insufficiently careful approach to intellectual property clearance issues. One luxury clothing brand, Burberry Ltd., recently discovered just how substantial that legal risk can be. Burberry approached…
The Seventh Circuit held recently in Brownmark Films, LLC v. Comedy Partners that, under certain circumstances, a trial court may dismiss a copyright infringement case based on a fair use defense prior to discovery. Over the years, the satiric Comedy Central cartoon program South Park and its creators have developed a reputation for biting social commentary. Past targets include World of Warcraft players, Occupy Wall Street, and the History Channel’s recent obsession with…
MBIA and Ambac apparently made underwriting mistakes in the process of backing various structured debt obligations (such as mortgage pools, SIVs, CDOs, etc.) that now are at risk of default. These insurers now face massive potential underwriting losses. Rather than talking about increasing reserves, changes in underwriting practices, or, heaven forbid, insolvency – supervision – liquidation, the dialogue has turned to “bail out.” See here and here. It seems an ideal time to be…
An article in today’s (Nashville) Tennessean newspaper reveals that the worker’s compensation liabilities of the state’s bankrupt Tennessee Restaurant Association self-insurance fund are being transferred to a small, unrated insurance carrier. The recipient of the transfer, Brentwood National Insurance Company, is heavily criticized by former participants in the self-insurance fund as being “unrated”. Former participants seem certain that Brentwood National will go the same way as the association’s fund – out of business. This type…
Catching up posts from the winter holiday break…a nice piece on risk management in air travel http://jetlagged.blogs.nytimes.com/2007/12/28/the-airport-security-follies/index.html From the end of the article, which basically bemoans the state of airport security… “How we got to this point is an interesting study in reactionary politics, fear-mongering and a disconcerting willingness of the American public to accept almost anything in the name of “security.” Conned and frightened, our nation demands not actual security, but security spectacle. And…