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Archive for the ‘Jurisdiction’ Category

Ninth Circuit Amends Opinion to Broaden Fair Use Protections in DMCA Takedowns

By Sheri Pan – Edited by Henry Thomas

Lenz v. Universal Music, the “dancing baby” copyright case, was decided in 2015. However, in March of 2016, the 9th Circuit issued an amended opinion. The changes removed language – mostly dicta – from the original opinion, seemingly raising the bar for copyright holders. Importantly, language suggesting that rightsholders need not conduct a “searching or intensive” review of potential fair use defenses was removed.

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Posted On Apr - 4 - 2016 Comments Off READ FULL POST

In Balancing the First Amendment and Preventing Sex Trafficking, First Circuit Holds in Favor of Free Speech

By Yaping Zhang – Edited by Danielle Kehl

The First Circuit unanimously affirmed the dismissal of the claims of three victims of child sex trafficking against the website through which they had been prostituted. The court’s decision was based in the 1996 Communications Decency Act, under which a websites are not typically treated as the publisher or speaker of content posted on the site by others, and cannot be held liable for that content.

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Posted On Apr - 4 - 2016 Comments Off READ FULL POST

Federal Court Orders Apple to Unlock iPhone. Apple Refuses.

By Filippo Raso – Edited by Frederick Ding

Apple challenges federal magistrate judge’s order directing Apple to create software allowing the FBI to circumvent security measures in the San Bernardino terrorist’s iPhone. While the Department of Justice claims the court has legal authority to demand Apple’s assistance, Apple argues the order undermines broader consumer privacy and security.

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Posted On Mar - 29 - 2016 Comments Off READ FULL POST

Federal Circuit Grants Privilege to Clients’ Communications with non-Attorney Patent Agents

By Kevin Crenny – Edited by Stacy Ruegilin

The Court of Appeals for the Federal Circuit overcame general presumptions against finding new forms of privilege, ruling that certain communications between non-attorney patent agents and their clients may be protected against discovery. The court extended privileged status to communications that relate to “obtaining legal advice on patentability and legal services.”

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Posted On Mar - 22 - 2016 Comments Off READ FULL POST

Belgian Court Demands that Facebook Stop Tracking Non-Members

By Mila Owen – Edited by Kayla Haran

The Belgian Privacy Commission requested a cessation order against Facebook regarding their practice of placing “datr” cookies on devices of non-Facebook users to track activity on other Facebook pages or on pages containing the “like” or “share” button. The court ruled that this tracking violates the Belgian Privacy Act because it amounts to the collection and “processing of personal data.”

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Posted On Dec - 10 - 2015 Comments Off READ FULL POST
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