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Archive for the ‘2nd Circuit Decisions’ Category

Federal District Court Rules Ringtones Not Public Performance By Debbie Rosenbaum – Edited by Eric Engle In re: In the Matter of the Application of Cellco Partnership d/b/a Verizon Wireless, Case Nos. 09-cv-07074 & 41 Civ. 1395 (S.D.N.Y. Oct. 14, 2009) Opinion (Hosted by EFF) The Southern District of New York has ruled that cell phone ringtones do not constitute a public performance, and thus mobile phone carriers do not need to pay performance royalties under the Section 110(4) of ... Read More...
Posted On Oct - 20 - 2009 Comments Off READ FULL POST
By Brian Kozlowski Lori Drew “Cyberbullying” Conviction Thrown Out The Los Angeles Times reports that on July 2nd, a federal judge dismissed the case against “cyberbully” Lori Drew, saying that the clear terms of the Computer Fraud and Abuse Act (CFAA) preclude a guilty verdict. The Lori Drew case received widespread media attention eight months ago when the 50 year-old mother was found guilty of “unauthorized computer access” under the CFFA for aiding her daughter in creating a fake MySpace ... Read More...
Posted On Jul - 4 - 2009 1 Comment READ FULL POST
Content by Vera Ranieri Google Sued for Use of Trademarked Terms in Adwords Program A class action was filed against Google on May 11, 2009 in federal court in Texas challenging its use of trademarked terms in its adwords program. The New York Times covered the case and surrounding issues. Ars Technica analyzes Google’s new AdWords policy. ACLU Challenges Constitutionality of Gene Patents The ACLU filed suit in the Southern District of New York challenging the patenting of genes and genetic tests as ... Read More...
Posted On May - 23 - 2009 Comments Off READ FULL POST
Second Circuit Reverses Dismissal of Trademark Infringement Suit Against Google By Debbie Rosenbaum – Edited by Stephanie Weiner Rescuecom v. Google Second Circuit, April 3, 2009, 06-4881-cv Opinion (hosted by EFF) On April 3, 2009, the Court of Appeals for the Second Circuit vacated the District Court for the Northern District of New York’s dismissal of a trademark infringement suit against Google by Rescuecom, Corp., a computer repair firm. At issue was Google’s AdWords program, which allows advertisers to purchase ... Read More...
Posted On Apr - 11 - 2009 Comments Off READ FULL POST
Second Circuit: Cablevision DVR Does Not Directly Infringe Copyright By Stephanie Weiner — Edited by Andrew Ungberg The Cartoon Network LP v. CSC Holdings, Inc. Second Circuit, August 4, 2008, 07-1480-cv(L) & 07-1511-cv(CON) Slip Opinion (also hosted at the EFF) On August 4, the Second Circuit reversed the District Court for the Southern District of New York, ruling that Cablevision’s “Remote Storage” Digital Video Recorder system (RS-DVR) does not infringe the copyrights of the various broadcast and cable channels that ... Read More...
Posted On Aug - 10 - 2008 1 Comment READ FULL POST
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