Amazon’s Kindle DRM strikes again

With physical books – or even electronic sales – the “first-sale” doctrine applies, and the seller cannot unilaterly reverse the transaction and take back the item (even if they credit the consumer for the price). Nor can the seller in a traditional sales transaction prevent resale, etc. – which Amazon also prohibits.

Will consumers adjust to this new model, or will we rebel and insist on our traditional first-sale rights?

Law blogging and attorney advertising: Stern v. Bluestone

The New York State Court of Appeals, in Stern v. Bluestone, 2009 NY Slip Op 04740 (2009), overturned a lower court ruling that ruled that a faxed newsletter dealing with attorney malpractice issues – the same area in which the author of the newsletter practiced. Lower courts thought this newsletter constituted advertising, and thus ran into rules about attorney advertising. The Court of Appeals disagreed.

The current television business model will fail

The television industry is where newspapers were 10 years ago – in denial that they need to change their business model. They have tried, on occasion, to argue that skipping commercials is “stealing” and similar types of arguments. They are, as Henry points out, still making money – so they can afford to ignore the changes. I predict that, as inevitable as the death of their current business is, their attempt to legislate content protections is as inevitable.

Domain Name Change

in propria persona is moving from my domain (ekris.org) to its own home at http://www.inpropriapersona.com. The move should be seamless, but there may be some limited disruptions over the next few days.

Laws for Bloggers

Laws apply to bloggers too. Resources that help make rights and responsibilities clear are always helpful, and this article is a useful compendium of twelve of the more important issues to bear in mind when blogging. While the Internet still … Continued

Notes from Law School

I’ve begun to slowly add my notes, discussions, and reference materials from some of my law school classes, as an aid to my own study process and preparation for finals. Do not use for legal advice, consult an attorney for … Continued

EFF: Legal Guide for Bloggers

But here’s the important part: None of this should stop you from blogging. Freedom of speech is the foundation of a functioning democracy, and Internet bullies shouldn’t use the law to stifle legitimate free expression. That’s why EFF created this … Continued