Texas Kickstarts A New Era In Crowdfunding
Well, it’s the end of 2014 and the Securities and Exchange Commission (SEC) still has not finalized long-awaited federal crowdfunding rules. The SEC is now nearly two full years past the Congressionally-mandated deadline to provide final enabling rules for the online crowdfunding provisions of Title III of the JOBS act passed in 2012.
For those not familiar with Title III of the JOBS Act, it is a law enacted nearly three years ago that will allow companies for the first time to use online crowdfunding to raise capital and fund projects, ventures, and other enterprises by selling stock, secured debt and other securities. This type of crowdfunding is often referred to as “equity-based crowdfunding” in contract to “gift-based” crowdfunding of the type transacted on sites like Kickstarter (www.kickstarter.com) and Indiegogo (www.indiegogo.com). Gift-based crowdfunding sites have been around for years and have been used to successfully provide capital to thousands of businesses and projects. Occulus Rift, the virtual reality goggle company, was one such gift-based crowdfunding start up that was sold for $2 billion to Facebook a year and a half after its first crowdfunding campaign.
Net Neutrality Update #2
(or “Get Off Your Butt And Email The FCC Now”)
The place: http://www.fcc.gov/comments. The message: “NET NEUTRALITY NOW.” Do it now, pass it on.
I am beginning this month’s article with what I hope will be an unambiguous call to action for everyone in the greater online adult entertainment community to join the battle to restore net neutrality. The web address above is the location where comments to the Federal Communication Commission (the “FCC”), the regulatory body at the heart of the net neutrality battle, can be posted.
DMCA Takedown Notices
Recently I have received a lot of requests from our readers regarding the requirements for a proper “DMCA takedown” notice. For those not familiar with a DMCA takedown notice, it is a communication that is sent to an online service provider (“OSP”) by a party that owns or controls the copyright in a work that the party believes is being infringed on a website or via an online service controlled by the service provider. But before we get into the details about what should be included in a proper DMCA takedown notice, it is helpful to know why such notices are required in the first place.
It’s summertime, and like every summer, the weather’s beautiful and a whole lot of people are getting married. That’s a good thing, for as a friend of mine once told me, “Marriage is a sacred institution. It's something a man only does ... two or three times in his life!” Unfortunately, however, this summer, like every other summer, a whole lot of other people will be getting divorced.
This year, like every year, there is intense media focus on high profile, high net worth celebrity divorces. The one getting the most attention this year is, of course, the multi-hundred million dollar break up of Coldplay front man Chris Martin and actress Gwyneth Paltrow. While the media’s divorce gossip reporting surrounding star splits may reveal a kind of sick national obsession with celebrity wealth, and the woes of the privileged class, one good thing about the coverage, perhaps, is that it also seems to regularly provoke a discussion about asset protection in the event of a divorce or dissolution of a civil union. Consequently, this month’s article is about an important type of legal contract that I believe every entrepreneur should know at least a little bit about: the prenuptial agreement.
An Additional Record-Keeping And Labeling Law
May Soon Be A Reality
The 113th United States Congress has been frequently called the “Do-Nothing Congress.” By many accounts, that label is well-deserved. The legislative paralysis that has set in due to the intense partisan bickering that has characterized the environment on Capital Hill for years has placed current session of Congress on track to pass a historically low number of new laws of substance. In fact, according The Hill, “the major bills that have cleared the 113th Congress to date are nearly all “must-pass” measures or reauthorizations of existing law.”
Music is a big part of just about every kind of entertainment. It is, for example, an integral component of most motion picture productions from mega-budget movies to micro budget indie films. Even a relatively large segment of adult videos include music. Online, the use of music is exploding all over the Web. From YouTube content, to online games, to the music playing in virtual world discos, music has become an integral feature of many types of web sites and other online services. For example, music is being used with increasing frequency in web ads, site tours and in online promos for an ever-increasing range of products. Paraphrasing an old Rodgers and Hammerstein song, one might rightly say that the web “is alive with the sound of music”.
Earlier this year, in my article entitled “Warning! Net Neutrality Terminated! This Is Not A Test, ”I discussed how a recent federal court ruling has set the stage for potentially unprecedented regulatory changes that might well spell the end of the Internet as we know it. Specifically, the article focused on the ruling in Verizon v. Federal Communications Commission  (“Verizon v. FCC”) that effectively ended net neutrality.
For those not familiar with the concept of net neutrality, it is the principle that all types of data, regardless of type, source or destination, should be transported and delivered evenhandedly by broadband providers. In essence, net neutrality means broadband providers, such as Verizon, Comcast and AT&T, are not supposed to play favorites by increasing or decreasing data transmission speeds for particular Internet-based services or companies. Net neutrality requires Internet service providers to treat all the traffic in their pipes the same way, no matter what amount of traffic particular users might generate. All traffic, even the traffic generated by a company like Netflix, which by some estimates is up to 30 percent of all North American traffic during peak hours, would have to be treated the same way as the online traffic generated by a typical small business.