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Neither Congress nor judges are likely to “save” Aereo

In the Washington Post, Switch blogger Brian Fung raised an interesting question in How Congress could wind up accidentally saving Aereo. Mr. Fung noted that recent proposals to amend the re-authorization of the Copyright Act’s compulsory licenses for direct-broadcast satellite TV systems might help Aereo IF courts agree with Aereo’s Plan-B claim that it is a “cable system” under the Copyright Act’s § 111 cable compulsory license. For the following reasons, it seems very unlikely that courts will do so.
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The Internet meets the First Amendment

The First Amendment is a wonderful thing, isn’t it? It does so much in so few words:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Amazing. It prevents the government from establishing an official religion; guarantees we can worship...

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Harnessing the power of technology: mHealth and challenges for regulation

If you were to found a medical start-up tomorrow, you might find yourself wishing that you had gone to law school instead of medical school. As we explore at length in our recent publication “Changing the Rules of Healthcare: Mobile Health and Challenges for Regulation,” mobile health regulation is giving app developers and US legislators some headaches. Smartphones and tablets have given a new impetus...

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Innovation sweet spot: When technology meets business

Last month, the Office of Science and Technology Policy and the National Economic Council requested public comments on the upcoming update of the Strategy for American Innovation. The strategy “helps guide the Administration’s efforts to promote lasting economic growth and competitiveness through policies that support transformative American innovation in products, processes, and services and spur new fundamental discoveries that in the long run lead to growing economic prosperity and rising living standards.”

In the policy...