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Archive for the ‘9th Circuit Decisions’ Category

No Warrant Required for Undercover Agent to Use Concealed Recording Device, Says Ninth Circuit

United States v. Wahchumwah
By Pio Szamel – Edited by Geng Chen

The Ninth Circuit affirmed a ruling by the Eastern District of Washington which held that the use of a concealed audiovisual recording device on the person of an undercover agent to record inside a defendant’s home without a warrant did not violate the defendant’s Fourth Amendment rights. In inviting the undercover agent into his home, the defendant “forfeited his expectation of privacy as to those areas that were knowingly expose[d] to” the undercover agent.

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Posted On Dec - 7 - 2012 Comments Off READ FULL POST
Ninth Circuit Creates Circuit Split by Narrowly Construing the Computer Fraud and Abuse Act By Abby Lauer – Edited by Charlie Stiernberg United States v. Nosal, No. 10-10038 (9th Cir. April 10, 2012) Slip Opinion The Ninth Circuit affirmed the Northern District of California in an en banc decision construing the scope of the Computer Fraud and Abuse Act (“CFAA”). The court held that a person who violates an employer’s computer use policy is not criminally liable for federal penalties ... Read More...
Posted On Apr - 18 - 2012 1 Comment READ FULL POST
Ninth Circuit Holds that Apple did not Engage in Copyright Misuse By Laura Fishwick – Edited by Michael Hoven Apple Inc. v. Psystar Corp., No. 10-15113 (9th Cir. Sept. 28, 2011) Slip Opinion The Ninth Circuit affirmed the Northern District of California’s holding that Psystar infringed Apple’s federal copyrights, and vacated and remanded the district court’s grant of Apple’s motion to seal summary judgment papers. The district court had rejected Psystar’s defense of copyright misuse, in which Psystar had argued ... Read More...
Posted On Oct - 5 - 2011 Comments Off READ FULL POST
By Andrew Crocker Activist Arrested for Allegedly Hacking JSTOR On July 19, police arrested Aaron Swartz, a 24-year-old programmer and Internet activist, in Cambridge, Massachusetts for allegedly committing wire and computer fraud when he downloaded approximately 4.8 million scholarly articles and other files from the JSTOR database, reports the New York Times.  As alleged in the indictment, beginning in September 2010, Swartz used MIT’s network to run an automated script to download the material from JSTOR, and eventually physically jacked ... Read More...
Posted On Aug - 2 - 2011 Comments Off READ FULL POST
Ninth Circuit reverses court order granting toymaker Mattel ownership of Bratz doll brand By Abby Lauer – Edited by Janet Freilich MGA Entertainment, Inc. v. Mattel, Inc., No. 09-55673 (9th Cir. July 22, 2010) Slip Opinion In a decision making headlines across the nation, the Ninth Circuit reversed the Central District of California, which had given Mattel ownership rights to the Bratz doll brand after a jury found that the designer who created the dolls was working for Mattel when ... Read More...
Posted On Jul - 31 - 2010 Comments Off READ FULL POST
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