Personal entry on MySpace admitted into evidence in Indiana murder case By Kassity Liu – Edited by Stephanie Weiner Clark v. State, No. 43C01-0705-FA-127 (Ind. Oct. 15, 2009). Opinion On October 15, the Supreme Court of Indiana affirmed a murder conviction and sentence, rejecting the defendant’s claims on appeal, including an argument that the trial court improperly admitted as character evidence an entry he made online on his MySpace page.  The defendant claimed the admission was in violation of the ... Read More...

Delaware District Court Distinguishes Posting and Publication for Purposes of the Copyright Act. By Ian C. Wildgoose Brown – Edited by Stephanie Weiner Moberg v. 33T LLC, Civil No. 08-625(NLH)(JS) (D. Del. Oct. 6, 2009). Opinion On October 6, the United States Court for the District of Delaware ruled in a case of first impression that a photograph posted to the Internet from a foreign server is not a “United States work” within the meaning of section 411 of the ... Read More...

By Davis Doherty Freedom of Speech Prevails in UK Thanks to Twitter On October 12, the UK-based newspaper The Guardian reported it was unable to report on a question asked of a minister during Parliamentary proceedings due to “legal obstacles, which cannot be identified.” Political bloggers and tweeters quickly responded, reporting the question was related to the oil-trading company Trafigura, which is under investigation for allegedly dumping toxic waste in the Ivory Coast. Within hours, Trafigura rose to the top ... Read More...

Back to Drawing Board for Pa. State Legislature in Protecting Trademark Holders By Brittany Blueitt – Edited by Stephanie Weiner Commonwealth of Pennsylvania v. Omar, No. J-162A-B-2008 (Pa. Oct. 5, 2009) Majority Opinion (Baer, J.) Concurring Opinion (Castille, J.) Dissenting Opinion (Eakin, J.) Dissenting Opinion (Greenspan, J.) On October 5, the Supreme Court of Pennsylvania affirmed two consolidated Centre County Court of Common Pleas decisions dismissing criminal trademark counterfeiting charges on the ground that Pennsylvania’s Trademark Counterfeiting Statute, 18 Pa. ... Read More...

Court Rules That Software License Transfers Ownership By Kate Wevers – Edited by Anthony Kammer Vernor v. Autodesk, Inc., No. C07-1189RAJ (W.D. Wash., Sept. 30, 2009) Opinion On September 30, the United States District Court for the Western District of Washington granted, in part, Vernor’s motion for summary judgment against Autodesk.After Autodesk became aware of Vernor’s attempts to sell copies of its copyrighted software, AutoCAD, on eBay, it invoked the takedown provisions of the Digital Millennium Copyright Act, causing Vernor ... Read More...