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Archive for the ‘Jurisdiction’ Category

Tenth Circuit Affirms Liability for Seller of Private Telephone Records By Tyler Lacey – Edited by Anthony Kammer Federal Trade Commission v. Accusearch Inc., June 29, 2009, No. 08-8003 Slip Opinion On June 29, 2009, the Tenth Circuit affirmed the Wyoming District Court, holding that Accursearch’s sale of private telephone records on its Abika.com website constituted an unfair practice in violation of the Federal Trade Commission Act (FTCA) and granted summary judgment for the Federal Trade Commission (FTC). Dan Gooden ... Read More...
Posted On Jul - 4 - 2009 Comments Off READ FULL POST
Ninth Circuit Holds Anti-Spyware Software Company is Protected by Communications Decency Act Sec. 230 Immunity By Dmitriy Tishyevich-Edited by Anthony Kammer Zango, Inc. v. Kaspersky Lab, Inc., June 25, 2009, No. 07-35800. Slip Opinion On June 25, the Court of Appeals for the Ninth Circuit affirmed the district court’s grant of summary judgment for Kaspersky Lab, which distributes software that filters and blocks malicious programs.  The Ninth Circuit held that Kaspersky qualified for civil liability immunity under the Communications Decency ... Read More...
Posted On Jul - 1 - 2009 1 Comment READ FULL POST
By Andrew Jacobs FTC Ready to Regulate Blogs On June 21, The Washington Post reported that revised FTC advertising guidelines, set to be approved late this summer, will explicitly include blogs within their scope. The guidelines make clear that bloggers must disclose any compensation they receive for product endorsements and that they may be held liable for false claims made in those endorsements. According to the Post, while some bloggers worry about potential chilling effects, others believe that the guidelines ... Read More...
Posted On Jun - 26 - 2009 Comments Off READ FULL POST
Minnesota Jury Awards Nearly $2 Million in RIAA File-Sharing Suit By Anthony Kammer-Edited by Amanda Rice RIAA/Capitol v. Thomas-Rasset On Thursday, June 18, 2009, a federal jury in Minneapolis, MN returned a $1.92 million verdict against Jammie Thomas-Rasset for willfully infringing the copyrights of twenty four songs she had made available for download on Kazaa, a file-sharing program. The suit, brought by the Recording Industry Artists of America (“RIAA”), involved copyrights owned by subsidiaries of four major recording companies, Warner ... Read More...
Posted On Jun - 22 - 2009 Comments Off READ FULL POST
California District Court Strikes at “Patent Trolling” By Tyler Lacey – Edited by Amanda Rice Diagnostic Systems Corp. v. Symantec Corp., June 5, 2009, No. SACV 06-1211 DOC (ANx) consolidated with No. SACV 07-960 DOC (ANx). Opinion The United States District Court for the Central District of California granted in part defendant MicroStrategy’s motion requesting a more detailed statement of how its software products infringe on plaintiff Diagnostic Systems Corporation’s (“DSC”) patents, denying only MicroStrategy’s request for monetary sanctions. The ... Read More...
Posted On Jun - 22 - 2009 Comments Off READ FULL POST
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