Stephen S. Wu-- SL: Legal Writer, swu@ckwlaw.com, (650) 917-8045, 166 Main Street, Los Altos, CA 94022

2011 Case of the Year: Brown v. Entertainment Merchants Association

Now that we have reached the new year, lawyers and bar associations are rolling out their programs reviewing developments in the law in 2011. I am no exception, because I am a panelist for the “Hot Topics in Business and Technology Law – 2011” program for the Santa Clara County Bar Association (in San Jose, California). As part of my appraisal of 2011, I am in the process of reviewing legislative and case law developments in California and at the federal level.

In that spirit, I believe the case of the year for the 3D Internet is Brown v. Entertainment Merchants Association, a case issued by the U.S. Supreme Court on June 27, 2011. Given how unusual it is for the U.S. Supreme Court to take up a case having to do with video games, the Court’s decision makes for an obvious 2011 case of the year for the video game industry. In Brown, the Court held that that California’s state law limiting the sale of violent video games violated the First Amendment and affirmed an injunction against any enforcement of the law. For a copy of the Court’s opinion, click here.
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