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Winston, FSU Move Forward with Title IX Hearing
According to ESPN, Florida State Seminoles quarterback Jameis Winston has agreed to move forward with a student conduct hearing concerning his role in an alleged sexual assault that occurred in December 2012. Winston faces four potential violations of the student conduct code: two charges of sexual misconduct and two charges of endangerment. Florida State University’s interim president, Dr. Garnett Stokes, has chosen to have one of three former Florida Supreme Court justices hear the case: Major Harding, Joseph Hatchett, or Charles Wells. Before the hearing, both Winston and his accuser will have the opportunity to strike one of the three former […]
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Aereo…Not Done Yet
According to the Hollywood Reporter, on Wednesday, New York judge Alison Nathan presided over a hearing for a preliminary injunction against Aereo. Two years ago, Nathan denied an injunction on behalf of national broadcasters. Yet this summer, the Supreme Court decided otherwise, ruling that the distribution of individual copies of TV signals violated the Transmit Clause of the Copyright Act. While Aereo has ceased operations since the June decision, it now seeks permission to make compulsory license payments under § 111 of the Copyright Act to broadcast content. Aereo argues that it should be treated as a cable company and be permitted to make […]
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Few Players to Opt Out of NFL Concussion Settlement
According to ESPN, very few players are likely to opt-out of the NFL Concussion Litigation Settlement proposed in June. Players are given three options with respect to the settlement: they can accept, opt-out, or object. Attorneys have predicted that any number from two dozen to several hundred of the eligible 18,000 players will choose to opt-out. Some players have already opted out of the settlement, which could provide leverage against the settlement. While many former players eligible to receive money from the settlement are unhappy with the deal, the deal provides a surefire way to recoup some benefits and avoid an uphill litigation battle. If the settlement […]
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Snapchat Breach
ABC News reports that in the wake of the celebrity photo leak, Snapchat users have found their private photos available for public viewing on the 4Chan website. Snapchat is known for its ephemeral uploads–preventing users from saving their images and including a prohibition on the use of third party applications to save the pictures taken and received. Yet, Snapchat claims its innocence–that the recent breach is the result of the use of such third party applications. The Company recognizes that these applications “‘compromise [its] users’ security;” therefore, should Snapchat have taken a more active role in disabling third party applications or redesigning its […]
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James Bond Victory
Although Judge Otero’s opinion on the Section 6 case was filed in late September, this past week a redacted version of the decision was released—shedding light on his reasoning to not dismiss the case. In late April, MGM filed a suit claiming that Universal’s Section 6 project infringed on the copyright of its James Bond franchise. However, the interesting part is that Section 6 was merely a pending project; therefore there was little material, besides the script, available to compare to the Bond films. Universal claims that MGM merely is trying to prevent competition in the spy film genre. However, now […]
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Former College Athletes Seek Class Action Lawsuit Against Television Networks and College Conferences
According to ESPN, ten former collegiate athletes have filed a lawsuit against the “Big Five” college conferences, Conference USA, and the Ohio Valley Conference as well as major television networks including, but not limited to, ESPN, ABC, CBS, and Fox. The former college players, who seek to form a class for all current and former student-athletes who played in the Football Bowl Subdivision or Division I Men’s Basketball, allege that the conferences and networks violated antitrust law by profiting off their names and likeness during broadcasts of collegiate sporting events. In the lawsuit, filed this past Friday in U.S. District Court […]
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“How” TM
Is it possible to trademark a common word such as “How?” That is the question in a recent case involving Greek yogurt manufacturer, Chobani, and author Dov Seidman. Seidman penned the book “How: Why How We Do Anything Means Everything,” which describes how companies can create more ethical cultures. Founded in 1992, Seidman’s company, LRN, works with businesses to improve the ethics within these firms and help them create sustainable cultures. However, Chobani recently has created an ad campaign featuring the quality of its yogurt—with the slogan “How Matters.” Seidman also uses this motto and now seeks to sue the company […]
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Judge Delays Ruling in New Jersey Sports Betting Case
According to ABC News, there has been a stunning turn of events in New Jersey’s quest to allow sports gambling within its borders. U.S. District Judge Michael Shipp had previously stated that a written opinion would be published today deciding whether New Jersey could allows sports gambling without regulation. Instead, District Judge Shipp entered an order granting an extension to both parties to file more briefs and scheduled oral argument for October 31st in Trenton, NJ. New Jersey previously attempted to challenge the federal law that limit the states’s ability to regulate sports gambling when Governor Chris Christie signed a sports wagering bill […]
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California Cracks Down on Music Piracy
California Governor Jerry Brown recently signed a bill targeting music piracy. In an ever-increasing digital age, music is one of the most affected industries in terms of intellectual property violations. In fact, earlier this week the US District Court found that the music streaming service, Grooveshark, violated various artists’ copyrights because its employees directly uploaded the infringing music files. Therefore, the passage of the Bill could not come at a more appropriate time. Essentially the Bill incriminates those who sell flash drives and other storage media devices containing “containing the ‘commercial equivalent’ of 100 or more recordings.” Previous laws looked to the number of […]
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FCC Unanimously Removes Football Blackout Rule
Green Bay Packer fans might be able to breathe a little easier about watching Packers’ playoff games from their homes this winer. According to a story from the Hollywood Reporter, the Federal Communications Commission unanimously chose to remove the football blackout rule.
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Marvel and Kirby Settle
Deadline reports that Marvel settled with the heirs of famed comic book artist Jack Kirby last Friday, precluding the Supreme Court from taking the case and examining the issue of works made for hire. Kirby is the creator of many of the original Marvel Comics including Spider-Man, Captain America, and Iron Man. In 2009, his descendants issued termination notices—for the copyrights to these characters and others—to Marvel and its licensees, claiming both that Kirby had valid copyrights in these characters as a freelance artist and that, as his heirs, they had inherited his termination rights. Marvel responded that because Kirby’s creations had been produced […]
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Peterson Seeks Expedited Criminal Trial
The NFL has recently incurred a large public backlash due to the arrests of high profile running backs Ray Rice and Adrian Peterson. Following an indictment on a charge of reckless or negligent injury to a child, the Minnesota Vikings deactivated Peterson for their Week 2 matchup with the New England Patriots. After the game the team announced that Peterson would return to practice and be active for the Week 3 game against the New Orleans Saints. However, the decision was criticized further and sponsors such as the Raddison hotel chain began to pull out of their endorsements with the Vikings. […]