Newsletter Archives

• Things you can do in 2025 that you couldn’t do in 2024

  Posted on March 24, 2025 at 02:44 CDT by Max Stul Oppenheimer • Comment in the Forums

  LEGAL BRIEF

  

  By Max Stul Oppenheimer, Esq.

  Rejoice! The new year brings a new batch of things that were once protected by copyright but are now public domain.

  Let’s review my copyright primer. Under current US law, a copyright comes into existence as soon as an original work of authorship is fixed in a tangible medium. Originality is not a very high bar — the work needs only to be something created by the author rather than copied.

  Tangible media include electronic storage, so websites qualify.

  Read the full story in our Plus Newsletter (22.12.0, 2025-03-24).

  Legal Brief Copyright Expiration, Copyrights, Fair Use, Legal, Newsletters, Public Domain

• PC or Mac — any legal difference?

  Posted on January 27, 2025 at 02:43 CST by Max Stul Oppenheimer • Comment in the Forums

  LEGAL BRIEF

  

  By Max Stul Oppenheimer, Esq.

  If you are trying to decide whether to buy a Windows-based PC or a Mac, one of the factors you will certainly consider is a comparison of the strengths and weaknesses of their respective license agreements.

  We’ve previously reviewed the Microsoft Terms of Service. Today, we look at the license terms for the Mac.

  Do not be discouraged when you look at the terms of Apple’s 726-page Software License Agreement online. We’ll whittle that down for you. How, you may ask?

  Read the full story in our Plus Newsletter (22.04.0, 2025-01-27).

  Legal Brief Apple, Legal, Macintosh, Newsletters, Terms of Service

• Forces shaping the future: The courts at work

  Posted on September 23, 2024 at 02:43 CDT by Max Stul Oppenheimer • Comment in the Forums

  LEGAL BRIEF

  

  By Max Stul Oppenheimer, Esq.

  Three social factors shape the path of future development of technology: government rules, litigation, and consumer actions.

  In last month’s Legal Brief, we reviewed how government rules and enforcement actions are being used to attempt to influence how technology will develop.

  This time, we’ll look at how litigation — both private and governmental — is being used in attempts to influence the path of technological development.

  Read the full story in our Plus Newsletter (21.39.0, 2024-09-23).

  Legal Brief AI, ByteDance, Consumers, Copyright, Facebook, Fair Use, GARM, Google, Legal, Litigation, Meta, Newsletters, NFT, TikTok

• Protecting yourself from AI deepfakes

  Posted on May 20, 2024 at 02:44 CDT by Max Stul Oppenheimer • Comment in the Forums

  LEGAL BRIEF

  

  By Max Stul Oppenheimer, Esq.

  It has been apparent for some time that developments in generative artificial intelligence present serious potential for harm.

  A recent example has made the problem concrete.

  On January 17, 2024, the Baltimore Sun broke the news with the headline “Baltimore County Public Schools investigating Pikesville High principal’s alleged ‘highly offensive’ recording.”

  Read the full story in our Plus Newsletter (21.21.0, 2024-05-20).

  Legal Brief AI, Deepfakes, Generative AI, Legal, Newsletters, Privacy, Revenge, Security

• The year that was — scoring 2023

  Posted on December 18, 2023 at 02:45 CST by Max Stul Oppenheimer • Comment in the Forums

  

  ISSUE 20.51 • 2023-12-18

  Our next issue will be published on Tuesday, December 26, 2023. Happy Holidays!

  LEGAL BRIEF

  

  By Max Stul Oppenheimer, Esq.

  It didn’t take a crystal ball.

  If, on January 1, 2023, I had made predictions about what would happen in the coming year, I would not have received high marks for boldness. In a way, that’s reassuring — there were no paradigm-shifting catastrophes that struck technology consumers.

  I would have predicted the following.

  Read the full story in our Plus Newsletter (20.51.0, 2023-12-18).
  This story also appears in our public Newsletter.

  Legal Brief AI, blockchain, Cryptocurrency, Legal, Meta, Microsoft Services Agreement, Newsletters, Predictions, Section 230, Windows 11

• Tmas Greetings!

  Posted on December 4, 2023 at 02:43 CST by Max Stul Oppenheimer • Comment in the Forums

  LEGAL BRIEF

  

  By Max Stul Oppenheimer, Esq.

  It is a mystery why a company would voluntarily replace one of the most recognizable product names in the world with a name that has multiple pre-existing uses and connotations.

  It isn’t the first time that a famous brand changed its logo. Standard Oil of New Jersey replaced ESSO with EXXON in 1972. But it’s a rare event, so it is interesting when the owner of a famous brand announces such a major change in brand identity.

  Read the full story in our Plus Newsletter (20.49.0, 2023-12-04).

  Legal Brief Branding, Legal, Newsletters, Trademarks, Twitter

• You are rich!

  Posted on February 13, 2023 at 02:45 CST by Max Stul Oppenheimer • Comment in the Forums

  

  ISSUE 20.07 • 2023-02-13

  LEGAL BRIEF

  

  By Max Stul Oppenheimer, Esq.

  You may not realize that you have a valuable asset, one that companies are willing to pay big bucks for.

  Unfortunately (for you), to date those companies have paid the big bucks to someone else: $76 billion to Google in the last quarter of 2022, $31 billion to Amazon for advertising alone last year. Those companies (and others) are selling access to your personal information. There is nothing illegal about that — you willingly (although perhaps not purposely) provided them the information.

  Read the full story in our Plus Newsletter (20.07.0, 2023-02-13).
  This story also appears in our public Newsletter.

  Legal Brief Artificial Intelligence, Copyright, Legal, Newsletters, Trademark

• Note to Congress: Please try to keep up

  Posted on January 9, 2023 at 02:43 CST by Max Stul Oppenheimer • Comment in the Forums

  LEGAL BRIEF

  

  By Max Stul Oppenheimer, Esq.

  That’s a big ask.

  In a previous column, I explained why law always lags technology.

  To summarize, case law is by definition reactive. Courts don’t go out and look for cases; they wait for someone to be upset enough to bring one to them. Legislatures can be proactive, but they can’t act until they realize there’s a problem to be acted upon. So it is not surprising that new issues will arise, and we will need to be patient while solutions are agreed upon.

  But …

  Read the full story in our Plus Newsletter (20.02.0, 2023-01-09).

  Legal Brief Artificial Intelligence, Copyright, Fair Use, Legal, Newsletters, Patents