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Archive for the ‘Internet’ Category

Virginia State Supreme Court Holds Anti-Spam Statute Unconstitutionally Overbroad By Jay Gill — Edited by Nicola Carah Jaynes v. Commonwealth of Virginia Supreme Court of Virginia, September 12, 2008, No. 062388 Slip Opinion The Supreme Court of Virginia overturned the conviction of prolific spammer Jeremy Jaynes, unanimously reversing not only the Virginia state court of appeals, but its own earlier holding in the case. In doing so, the court held that the Virginia anti-spam statute under which Jaynes was convicted ... Read More...
Posted On Sep - 18 - 2008 Comments Off READ FULL POST
Website Finds Safe Harbor from Copyright Infringement Damages for User-Provided Videos By Debbie Rosenbaum – Edited by Andrew Ungberg Io Group, Inc. v. Veoh Networks, Inc. N.D. Cal., August 27, 2008, No. C06-03926 HRL Slip Opinion (hosted by Electronic Frontier Foundation) Last week, a federal judge in San Jose, U.S. District Judge Howard Lloyd, ruled that Veoh Networks, Inc. (“Veoh”), is not liable for copyright infringement for material that was uploaded to its site. Veho provides software and a website ... Read More...
Posted On Sep - 3 - 2008 Comments Off READ FULL POST
District Court Rules Virginia Law Protecting Social Security Numbers Unconstitutional As Applied to Watchdog Website By Jon Choate — Edited by Daniel Ray Ostergren v. McDonnell E.D. Va. No. 3:08cv362 Slip Opinion (hosted by the ACLU) On August 22, 2008, Judge Robert E. Payne of the U.S. District Court for the Eastern District of Virginia found § 59.1-443.2 of the Virginia Code to violate the First Amendment as applied to Betty J. Ostergren’s website The Virginia Watchdog. The court granted ... Read More...
Posted On Sep - 2 - 2008 Comments Off READ FULL POST
Third Circuit Holds Child Online Protection Act Unconstitutional By Anna Lamut – Edited by Nicola Carah ACLU v. Mukasey Third Circuit, July 22, 2008, No. 07-2539 Slip Opinion On July 22, the Third Circuit affirmed the United States District Court for the Eastern District of Pennsylvania’s decision, finding that the Child Online Protection Act (“COPA”), 47 U.S.C. § 231, violated the First and Fifth Amendment, and permanently enjoined its enforcement. COPA imposes civil and criminal penalties for anyone who, “for commercial purposes,” knowingly posts “material ... Read More...
Posted On Aug - 3 - 2008 Comments Off READ FULL POST
District Court Will Not Require Ebay to Make Greater Effort to Police Trademark Infringers By Jeff Gritton — Edited by Joshua Gruenspecht Tiffany, Inc. v. eBay, Inc. S.D.N.Y., July 14, 2008, No. 04 Civ. 4607 First Circuit, June 18th, 2008, Nos. 07-2078, 07-2246 Slip Opinion On July 14, the Southern District of New York denied Tiffany’s claims of direct and contributory trademark infringement against eBay. The court agreed with eBay that, as a legitimate seller of Tiffany goods, the online ... Read More...
Posted On Jul - 19 - 2008 1 Comment READ FULL POST
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