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Archive for the ‘Jurisdiction’ Category

Ninth Circuit Adopts National Obscenity Standard in Adult Website Spam Case By Ian B. Brooks – Edited by Alissa Del Riego United States v. Kilbride, No. 07-10528 (9th Cir. Oct. 28, 2009) Opinion The Ninth Circuit has affirmed the District Court for the District of Arizona, which had convicted and sentenced defendants Jeffery Kilbride and James Schaffer of transporting obscene materials for sale. The Ninth Circuit held that a national community standard “must be applied in regulating obscene speech on ... Read More...
Posted On Nov - 2 - 2009 Comments Off READ FULL POST
Class action claim against Zicam manufacturer Matrixx reinstated by the Ninth Circuit By Abby Lauer – Edited by Alissa Del Riego Siracusano v. Matrixx Initiatives, Inc., No. 06-15677 (9th Cir. Oct. 28, 2009) Opinion The Ninth Circuit has unanimously reversed the U.S. District Court for the District of Arizona’s holding, which had dismissed a class action claim against Zicam manufacturer Matrixx for the complaint’s failure to adequately allege a violation of the Private Securities Litigation Reform Act of 1995 (“PSLRA”). ... Read More...
Posted On Nov - 1 - 2009 Comments Off READ FULL POST
By Tyler Lacey Gamer Appeals Ban from Sony’s Playstation 3 Network On September 22, 2009, the United States District Court for the Northern District of California dismissed Erik Estavillo’s lawsuit against Sony. Fox40.com reports that Estavillo was banned from Sony’s Playstation 3 Network after allegedly uttering “racial and homophobic slurs to other online gamers.” Estavillo alleged that his freedom of expression was abridged, and likened Sony’s network to a company town. The district court dismissed Estavillo’s First Amendment claims, stating: ... Read More...
Posted On Oct - 31 - 2009 Comments Off READ FULL POST
By Jyoti Uppuluri Nokia Sues Apple for Patent Infringement Related to iPhone On October 22, Nokia filed a suit against Apple in Delaware federal court, alleging that the iPhone infringes patents held by Nokia. The New York Times reports that the specific patents deal with the GSM and UMTS wireless standards utilized by the iPhone for voice and data communication, both of which were developed in part by Nokia. The Wall Street Journal notes that the suit might be a ... Read More...
Posted On Oct - 28 - 2009 Comments Off READ FULL POST
Charges against Craigslist for their “Adult Services” section dismissed by Illinois District Court By Ye (Helen) He – Edited by Eric Engle Dart v. Craigslist, Inc., No. 09 C 1385 (N.D. Ill. Oct. 20, 2009) Opinion The United States District Court for the Northern District of Illinois held, on Craigslist’s motion for judgment on the pleadings, that Craigslist is not liable for the content posted by its viewers. The court cited Section 230(c) of the Communications Decency Act, concluding that ... Read More...
Posted On Oct - 24 - 2009 Comments Off READ FULL POST
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