OA303: Katy Perry & Facebook

Today’s episode checks in on the record-setting $5 billion settlement that Facebook reached with the Federal Trade Commission for, among other things, violating a prior consent order by enabling developers like Cambridge Analytica to access your data without your permission. Is this a good deal for American consumers? It’s complicated. Oh, and you also get more music law with Katy Perry, and so much more!

We begin with an update on the Senate’s last-ditch push to nominate more than a dozen new Trump nominees for lifetime appointments on the federal bench. And yes, despite widespread opposition, despite minimal credentials in many cases, and despite all of them having disqualifying right-wing ideologies… all were confirmed before the Senate decided to take a break. (Sorry for the bad news.)

Then, it’s time for the deep dive into the Facebook-FTC settlement, which does indeed impose the single largest penalty ever for a consumer protection violation. Learn why the Democratic minority at the FTC thought it wasn’t enough, and along the way you’ll learn a lot about the FTC.

After that, it’s time to revisit music law, this time with a jury verdict that Katy Perry violated the copyright of Christian rapper Flame. Andrew gives you the law, and Thomas gives you the music — you won’t want to miss this segment!

Then — as if that wasn’t enough — it’s time for the answer to a brand-new #T3BE involving beer, the Constitution, and the notions of justiciability and ripeness. It’s not quite as good as having a beer, but it’s still a good segment!


None! If you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. Don’t forget that there are just 2 tickets remaining for Opening Arguments Live in New York on August 10, 2019! Click here to get your tickets before they’re gone!
  2. Click here to read the FTC-Facebook settlement; click here for the Slaughter dissent; and here for the Chopra dissent.
  3. And then don’t forget all the Katy Perry pleadings, including (a) the lawsuit; (b) the jury verdict; (c) the proposed jury instructions; and (d) the proposed damages instructions.

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