Expert Declaration in Washingtonpost.Newsweek Interactive Company, LLC, et al. v. the Gator Corporation

I had the honor of preparing two expert declarations in Washingtonpost.Newsweek Interactive Company, LLC, et al. v. the Gator Corporation in federal court in the Eastern District of Virginia. My clients were the plaintiffs in the case, including the Washington Post Newsweek Interactive Company, Gannett Satellite Information Network, Media West-GSI, the New York Times Company, the Boston Globe Newspaper Company, Dow Jones, Smartmoney, the Chicago Tribute Interactive, Condenet, American City Business Journals, Cleveland Live, and Knight Riddler Digital.

Soon after my declarations, the case settled, and Gator stopped covering my clients’ sites with its popup advertising and other ads.

My declarations and other case documents.

Benjamin Edelman v. N2H2, Inc.

I sought to research and document sites categorized and restricted by Internet blocking program N2H2. N2H2’s block site list is protected by technical measures including an encryption system, but I sought to write software that would nonetheless allow me to access, analyze, and report its contents. However, I feared that conducting this work might expose me to liability for violation of the N2H2 License, of the Copyright Act of 1976, and of the Digital Millennium Copyright Act, as well as for misappropriation of N2H2’s trade secrets. With representation by the ACLU, I therefore sought from federal court a declaratory judgement that I could conduct this research and publication without fear of liability.

Case details including litigation documents

The Effect of Editorial Discretion Book Promotion on Sales at Amazon.com

Edelman, Benjamin. “The Effect of Editorial Discretion Book Promotion on Sales at Amazon.com.” 2002. (Winner of Seymour E. and Ruth B. Harris Prize for outstanding senior honors thesis in economics. Winner of Thomas T. Hoopes Prize awarded for outstanding scholarly work or research.)

A new dataset collected by the author allows estimation of the effect on book sales of promotional listing on Amazon’s editorial discretion pages. Following Goolsbee and Chevalier (2001), sales quantities are inferred from sales rank data freely available on Amazon’s web site, and an automated system tracks which books are promoted when, where, and how often. The results indicate that promotion of books on editorial discretion pages within Amazon’s web site yields increases in sales, and more frequent promotion of a book is associated with larger increases in sales. Increases in sales are greatest for newly-released hardcover books; increases are larger for childrens’ books, books in stock, and books more favorably priced at Amazon than at its foremost competitor, Barnes & Noble. Increases in sales are larger during the period between Thanksgiving and Christmas than before or after the holiday season, and promotion has a larger effect when editorial discretion pages feature only a few books than when they feature many. Finally, the average short-run effect of promotion on one of Amazon’s editorial discretion pages is found to be roughly one third as large as the effect of an appearance in the New York Times Book Review, and the annual sum of Amazon’s editorial discretion promotional activities shows a total short-run impact on sales roughly three fifths as large as the totality of annual Times book reviews.

Shortcomings and Challenges in the Restriction of Internet Retransmissions of Over-the-Air Television Content to Canadian Internet Users

My expert memorandum Shortcomings and Challenges in the Restriction of Internet Retransmissions of Over-the-Air Television Content to Canadian Internet Users was attached to the National Association of Broadcasters’ submission to Industry Canada in its 2001 evaluation of retransmission of commercial television content over the Internet.

Expert Declarations in National Football League, et al., v. TVRADIONOW Corporation (iCraveTV)

I had the honor of submitting testimony, both in two expert declarations and orally, in National Football League, et al., v. TVRADIONOW Corporation (iCraveTV), litigation in federal court as to the propriety of iCraveTV’s retransmission of certain American television video to users nationwide and worldwide. My initial expert declaration and supplemental expert declaration.