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Getting Up to Speed: The Disconnect Over Municipal Broadband

Since the inception of the Internet, users have demanded faster download and upload speeds in order to quickly access and share webpages, news, photos, and videos. During the 1990s, most Internet users accessed the web through “dial-up” modems, where access was limited to 56 kilobits per second (Kbps). Today, technological progression allows some users to access the Internet at speeds of up to 1000 megabits per second (Mbps), but the average download speed in the United States hovers around 32 Mbps. This dramatic increase in Internet speeds has allowed users to peruse and explore the web in a significantly different fashion than early Internet users. For example, a High-definition copy of a two-hour movie like The Interview, starring Seth Rogen and James Franco, is roughly five gigabits in size. Using a 56k dial-up modem, it would have taken a user more than eight days to download the movie. Contrastingly, with a 1000 Mbps Internet connection, the same movie can be downloaded in less than one minute. Continue reading

Register now: 3D Printing and Beyond

Cardozo Law’s Tech Startup Clinic and the Cardozo Arts & Entertainment Law Journal proudly present:

 3D Printing and Beyond: Emerging Intellectual Property Issues with 3D Printing and Additive Manufacturing

February 2, 2015


3-4 p.m.  Artisanal cocktail hour, courtesy of The Glenmont Group

4-7 p.m.  Panel

Reception to follow in lobby


Jacob Burns Moot Court Room
Benjamin N. Cardozo School of Law
55 Fifth Avenue
New York, NY 10003

CLE Credits: 3 transitional/non-transitional CLE credits offered in “Areas of Professional Practice”


Crowdfunding an Independent Film Project

Crowdfunding describes the collective cooperation, attention and trust by individuals who network and pool their money via a preferred Internet platform to support efforts initiated by other people or organizations. The “crowd” in crowdfunding is comprised of online donors from a web platform. Though crowdfunding crosses the lines of commercial, political and non-profit campaigns, it’s been most notable as a haven for philanthropic opportunity, namely the broad area we call “the arts.”

Crowdfunding is attractive to both the artist and the prospective crowd, or individual contributor, as the small contributions of backers are critical to the leveraging of a project. A filmmaker may choose to crowdfund for a particular aspect of their project’s budget, or their project as a whole. Typically, filmmakers have had more success honing in on one aspect of a greater project budget like equipment, marketing or distribution.

The most notable or familiar crowdfunding sites include KickStarter, IndieGoGo and Crowdfunder. Crowdfunding sites, contrary to popular belief, do not provide the honeymoon project support they’re often associated with. In order to maximize use of a crowdfunding platform, there are several important legal questions to address. Continue reading

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Intersection of Art and Criminal Law: The Ethics of True Crime

True crime reporting has long captivated audiences. By reporting details of an actual crime in a sensationalized way, the genre is often described as “infotainment” – the blending of information and entertainment. The modern genre was likely inaugurated by Truman Capote’s In Cold Blood, and gripping accounts of murders and serial killers continue to populate bookshelves. True crime also spills over to primetime television in shows like the Nancy Grace show, with reporting on the Casey Anthony and Amanda Knox cases. But in addition to journalistic and sensational impact, true crime reporting also overlaps with legal investigation of crimes in complicated ways.

Recently, a new form of crime reporting has hit the Internet. In a podcast called Serial, reporter Sarah Koenig follows the story of one murder in Baltimore in 1999. The details of the crime are salacious – a popular high school senior was found dead in a public park. Her ex-boyfriend – a high school football player who was voted “prince” of his junior prom – was convicted of her murder and sentenced to life in jail. The show is released in installments; each week unfolds additional details of the crime, the trial, and the developments since the case. In her own words, Koenig “realized… that the trial covered up a far more complicated story, which neither the jury nor the public got to hear.” The weekly podcast “looks for answers.” The hour-long installments are enthralling; they reveal mistakes in police investigations, inconsistencies in witness statements, flaws in the trial and exciting plot twists that suggest that the ex-boyfriend was wrongfully convicted. Continue reading


Are Podcasters Infringing?

Podcasts – essentially radio on demand – have become a crucial medium that many Americans take in information and media. As the popularity of smartphones show no signs of slowing down, and with it better quality apps for podcasting, popularity of podcasting likely will continue to rise. Podcasting allows people to listen to a many different types of content whenever they want and wherever they want. In 2013, Apple said subscriptions of podcasts through iTunes reached 1 billion.[1] And while podcasting has traditionally been associated with iTunes and Apple, other platforms such as Android have seen growth in downloads of podcasts.

Podcasting garners appeal because anyone has the capability of creating one – although gathering a loyal following of your podcast is obviously a more difficult task. But what if anyone that released a podcast was forced to pay a licensing fee to do so or else would face the prospect of a being sued? Continue reading

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Crowdfunding and Its Impact on Indie Film

Crowdfunding has become a popular new way for filmmakers as well as entrepreneurs, small businesses, and philanthropists to raise capital by obtaining small contributions from a large number of individuals over the Internet. Websites such as Kickstarter, IndieGoGo, RocketHub, and WeFunder have provided a portal for films like Wish You Were Here, Veronica Mars, and Sharknado 2 to obtain needed financing. A recent legislation has the potential to change this crowdfunding and indie film landscape. On April 5th, 2012, President Obama signed into law the Jumpstart Our Business Startups Act (“JOBS Act”), which legalizes equity crowdfunding over the Internet.

Crowdfunding can be a useful tool for filmmakers in a number of ways. It can build awareness as well as a fan-base for a project. Additionally, many times filmmakers are limited in people or companies they know. Connection-based crowdfunding can help these filmmakers meet others outside of their circle. If a filmmaker is short of financing, he or she can raise the necessary funds through various crowdfunding outlets. Finally, through reward/donation-based crowdfunding, filmmakers can take on more risky projects without giving up equity for money. Continue reading


Apple Pay: More Personal Information, Less Privacy Concerns

Recently, it seems almost every week there is a new data breach at a particularly large retailer. If you’ve ever used a credit card at the store, a slight panic sets in that your information could have been stolen. You enroll in the free credit protection service provided and you continue to shop at the affected stores, paying with your credit and debit cards.

The continued use of credit cards with minimal privacy contemplation raises some questions about how we, as consumers and increasingly tech savvy individuals, take steps to protect our identity online and in traditional brick and mortar stores. Are we not as concerned as we should be about our personal information being exposed or hacked into? Have we become too accustomed to the convenience of the stores we frequent? Or do we think it is all out of our control? After all, your credit card details weren’t stolen from Target or Home Depot because you left your card on the checkout counter or the floor. The store’s records were hacked into and your information was compromised.

With the rollout of Apple Pay this past week, Apple offers a new innovative solution to privacy concerns when it comes to handing a retail clerk or waiter your credit card. In other respects, Apple Pay raises lamented concerns about the power and information stored on your smart phone. Continue reading

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Real Jail for WoW-Crimes?

Recently, a British politician suggested that theft of virtual items in online games should be punished like real theft.  Mike Weatherley – by day the chief adviser on intellectual property to the Prime Minister, by night a mighty hero of Azeroth in the MMORPG World of Warcraft – asked the British Minister of State for Justice to propose legislation “to ensure that cyber criminals who steal online items in video games with a real-world monetary value received the same sentences as criminals who steal real-world items of the same monetary value.”  So if you steal an in-game magic item worth a real-life $100 (or £50, since we’re talking about England), you would get charged with theft of £50. (If this does become a real thing, I’d like to propose that this area of law be dubbed “WoW-Crimes.”  “World of WarCrimes” has a clever ring to it, but it also sounds too much like a Rwandan genocide simulator, and the world really doesn’t need that to exist.)

Mr. Weatherley tells it like this, “The perception from some people is that if you steal online it’s less of a crime than if you steal physically.”  I imagine that most of us would agree that such a perception is a faulty one.  As in-game purchases become a bigger and bigger thing, there might be a need for these kind of law.  Heck, the amount of time that my 3-year-old son and I spent playing Pokémon Y together is staggering (and well worth it).  I’d be furious and heartbroken if someone robbed the Pokémon Bank.

But, like just about everything to do with computers, the law is not well equipped to deal with these issues. Continue reading