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A snarky attack on my professional ability is an excessive response to my offering another way of viewing the issue that your original comment had overlooked.
by elliekelly 8y ago
A snarky attack on my professional ability is an excessive response to my offering another way of viewing the issue that your original comment had overlooked. This would be a case of first impression so no one has the answer. Not even you.
I appreciate your concern and I assure you my knowledge of antitrust law is plenty fresh.
But next time you're near a law library check out the Third Restatement of the Law of Unfair Competition. I helped write it.
- gamblor956 8y agoMy apologies. I did not realize you were Prof. Denicola or Perlman of the University of Nebraska College of Law...or one of their student assistants... But my point stands. If you were involved in writing that treatise 23 years ago, you need to re-read your own research or get caught up on the case law since that 1995 treatise was published. An award is an act of speech, not an act of trade, and is not subject to antitrust laws. Especially when that award is but one of many such awards, several of which also restrict Netflix films from eligibility on the same grounds.
- elliekelly 8y agoWho says speech and trade are mutually exclusive? An Oscar nomination has demonstrable value in the market in the form of increased revenue. And attorneys (not students) update the Restatement annually with commentary on recent cases that clarify/change the application of the rules. But it's clear you're more interested in telling me I don't know what I'm talking about than you are in having an interesting discussion so I'll leave you to have a lovely Friday afternoon.