Published works by David Munkittrick

Published works

• Is Your Website Content Infringing? Fifth Circuit Rebuffs “Server Test” in Online Embedding Case

  New Media and Technology Law Blog · September 18, 2026

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• Second Circuit Sidesteps “Server Test” in Embedded Video Copyright Ruling, Highlighting How Platform Terms Matter

  New Media and Technology Law Blog · May 5, 2026

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• Exploring Potential Antitrust Risks for Quantum Computing

  Minding Your Business · April 27, 2026

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• Antitrust & Tech At The 2025 Antitrust Spring Meeting

  Minding Your Business · April 17, 2025

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• DOJ Targets AI Pricing Algorithms: RealPage Case Signals Potential Shift in Antitrust Enforcement

  Minding Your Business · November 6, 2024

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• For All Intents and Purposes the Ninth Circuit Shakes Up Antitrust Law With <em>Sidibe v. Sutter</em> Decision

  Minding Your Business · June 25, 2024

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• The App Store Wars: An “Epic” Loss for Google Takes Shape

  Minding Your Business · May 30, 2024

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• Legislating Around AI-Driven Algorithm Concerns

  Minding Your Business · February 14, 2024

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• The “State of the Arts” after <em>Andy Warhol Foundation v. Goldsmith</em>

  Minding Your Business · January 17, 2024

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• Alarm Bells Ringing? The Agencies Begin to Raise Competition Concerns Over Generative AI

  Minding Your Business · January 3, 2024

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• Un“Tangled”: Judge Dismisses Tangle’s Window Display IP Suit Against Aritzia

  Minding Your Business · December 6, 2023

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• Thomson Reuters v. Ross Intelligence: D. Del. SJ Decision Provides Insight as Copyright Litigation Tests the Legality of Generative AI

  Minding Your Business · October 31, 2023

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• The <em>Axon</em> Side-Step: Defendants’ New Dance to Avoid Agency Enforcement Actions

  Minding Your Business · July 17, 2023

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• Microsoft Defeats FTC’s Roadblock on Path to Activision Merger

  Minding Your Business · July 14, 2023

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• Supreme Court Affirms Andy Warhol’s Prince Series Not Transformative Fair Use

  Minding Your Business · June 13, 2023

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• Antitrust and Section 230: Where Are We After Gonzalez v. Google?

  Minding Your Business · May 19, 2023

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• Amazon Acts Against DMCA Abuse

  New Media and Technology Law Blog · April 26, 2023

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• Amazon Acts Against DMCA Abuse

  Minding Your Business · April 26, 2023

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• Tech Takeaways: SCOTUS Weighs in on Pivotal Tech Cases

  Minding Your Business · February 28, 2023

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• Four Key Takeaways from the FTC Director’s Remarks on the Proposed Rule to Ban Non-Compete Agreements

  Minding Your Business · January 19, 2023

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• Four Key Takeaways from the FTC Director’s Remarks on the Proposed Rule to Ban Non-Compete Agreements

  Proskauer on Trade Secrets · January 19, 2023

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• Three Notable Antitrust & Tech Updates That May Have Flown Under Your Radar

  Minding Your Business · October 31, 2022

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• The Seventh Circuit Asks, “What’s Wrong With Having Lots of Patents?”

  Minding Your Business · August 10, 2022

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• The Seventh Circuit Asks, “What’s Wrong With Having Lots of Patents?”

  The Patent Playbook · August 10, 2022

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• Supreme Court to Re-Examine Fair Use: Warhol Foundation v. Goldsmith

  Minding Your Business · June 27, 2022

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