Tom Kulik, Above the Law

Tom Kulik

Above the Law

Dallas, TX, United States

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Recent:
  • Unknown
Past:
  • Above the Law

Past articles by Tom:

Election 2020 (Part II): 3 Security Questions Electronic Voting Systems Providers Need To Answer

We need to have confidence in our electoral processes. → Read More

Election 2020: When Copyrights & Voting Systems Collide

You may or may not agree with the complaints being lodged against voting machine systems used in this election, but it is nonsensical to argue against mechanisms that should be in place to ensure that voters are not disenfranchised. → Read More

Closing Thoughts On Section 230: The Good, The Bad & The Unapologetically Ugly

The question is no longer whether Section 230 should be revised, but how. → Read More

A Lack Of (Good) Faith III: Rethinking Section 230 For The 21st Century

I would have never thought in my wildest dreams that I would witness the blatant exercise of editorial content manipulation by such platforms that claim to be the ostensible public square for free speech over the past few weeks. → Read More

A Cry For ‘Yelp’: When Social Justice, Good Intentions, And Legal Liability Collide

There are some big reasons why Yelp may have taken on much more than social justice in its new policy. → Read More

A Lack Of (Good) Faith II: 3 Reasons Why We All Need To Rethink Section 230 Immunity

The issue is more nuanced than politicians would have you believe. → Read More

A Lack Of (Good) Faith: Why Social Media Needs To Respect Section 230 Immunity

Call me old fashioned, but I actually like the healthy exchange of ideas. → Read More

The US-EU Privacy Shield Is Dead

The recent ECJ ruling definitely acts as a second strike and does not bode well for an easy fix to an already complicated situation. → Read More

Size Matters? When Copyrights, Social Media, And Art Collide

Remember to make your trees litigious trees. → Read More

When Generic Isn’t Generic: Why The Booking.com SCOTUS Ruling Is Not That Big A Deal

Where evidence shows that the consuming public identifies a descriptive trademark with the trademark owner, it is likely worthy of federal trademark registration. → Read More

Peekaboo, I See You II: Why Facial Recognition Technology Needs Humans As Much As AI

With great innovation comes great responsibility. → Read More

What’s In A Name? Trademarks, Surnames, And The Search For Secondary Meaning

Someone -- apparently not related to the Floyd family -- has filed a federal trademark application for the name George Floyd. Sigh. → Read More

3 Things Political Candidates Should Consider When Using Audiovisual Works In Campaigns

No matter how appealing, assuming that the use of another’s artwork or video in a political ad or campaign video qualifies as fair use of the work is ill-advised. → Read More

Idle Chatter: 3 Big Misconceptions About Section 230 Of The Communications Decency Act

Regardless of one’s political persuasion, most of us can agree that First Amendment expression is, indeed, a bedrock constitutional principle. → Read More

Rethinking Linking II: Some New Thoughts On Embedded Copyrighted Images & Social Media

Read -- and regularly revisit -- the Terms of Service. → Read More

3 Considerations To Help Prevent Your IP From Becoming A Casualty In The COVID-19 Pandemic

Your company (and clients) need to realize the importance of remaining vigilant with their IP under these circumstances. → Read More

The Unforeseen COVID-19 Casualty

It’s not what you may think. → Read More

States’ Rights Revenge? 3 Key Takeaways From SCOTUS Ruling In Allen v. Cooper

Here are some thoughts about states running roughshod over copyright owners’ rights to their works. → Read More

Don’t Bet On It: Tarts, Trademark Infringement, And Trademark Use

Trademark infringement requires trademark use. → Read More

Faking It (Again): There’s More Than Meets The Eye With Deepfake Audio

In this political season it is easy to see how such deepfakes may be used. → Read More