JOLT Digest

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 strategic response to the iPhone’s increasing momentum in Europe and Asia. Nokia could gain a two-percent royalty on each iPhone sold if the suit succeeds.

Tennessee Couple Is Entitled to Unmask Anonymous Blogger

On October 8, a Tennessee state court held in Swartz v. Does that a couple is entitled to know the identity of the individual who posted critical statements about them in an online blog. Ars Technica notes that the blogger’s claim to protection under Section 230 of the Communications Decency Act likely failed because the blog induced readers to spy on the Swartzes and report back on the blog. The Citizen Media Law Project points out that the legal standard used by the judge in this case was “highly protective of anonymous online speech,” but that the Swartzes provided “sufficient evidence in support of their claims of wrongdoing to outweigh the anonymous blogger’s right to anonymity.”

Personal entry on MySpace admitted into evidence in Indiana murder case

By Kassity Liu – Edited by Stephanie Weiner

Clark v. State, No. 43C01-0705-FA-127 (Ind. Oct. 15, 2009).
Opinion

On October 15, the Supreme Court of Indiana affirmed a murder conviction and sentence, rejecting the defendant’s claims on appeal, including an argument that the trial court improperly admitted as character evidence an entry he made online on his MySpace page.  The defendant claimed the admission was in violation of the Indiana Rules of Evidence.

Internet Cases and the WSJ Law Blog provide an overview of the case. Evidence Prof Blog criticizes the court’s reasoning on the MySpace entry issue, noting that the evidence was likely admitted in violation of Indiana Rule of Evidence 404(a), not considered by the court. (more…)

Back to Drawing Board for Pa. State Legislature in Protecting Trademark Holders
By Brittany Blueitt – Edited by Stephanie Weiner

Commonwealth of Pennsylvania v. Omar, No. J-162A-B-2008 (Pa. Oct. 5, 2009)
Majority Opinion (Baer, J.)
Concurring Opinion (Castille, J.)
Dissenting Opinion (Eakin, J.)
Dissenting Opinion (Greenspan, J.)

On October 5, the Supreme Court of Pennsylvania affirmed two consolidated Centre County Court of Common Pleas decisions dismissing criminal trademark counterfeiting charges on the ground that Pennsylvania’s Trademark Counterfeiting Statute, 18 Pa. Cons. Stat. § 4119, is unconstitutionally vague and overbroad.  The court held that the statute is unconstitutional because it criminalizes a substantial amount of speech protected by the First Amendment of the United States Constitution.  Commonwealth v. Omar, No. J-162A-B-2008, slip op. at 10 (Pa. Oct. 5, 2009).

IP Spotlight provides an overview of the case. CNBC features an extended analysis of the decision.  The Madisonian declares the decision overly formalistic. (more…)

D.C. Appeals Court Sets New Standard for Unmasking Anonymous Online Speakers

By Anthony Kammer – Edited by Evelyn Breithaupt
Solers, Inc. v. Doe, No. 07-CV-159 (D.C. Cir. Aug. 13, 2009)
Opinion

On August 13, 2009, the D.C. Court of Appeals remanded Solers, Inc.’s case against an anonymous speaker and provided the lower court with a new standard for determining when an anonymous speaker’s identity may be revealed.

The Volokh Conspiracy notes that although the court limits its decision to defamation claims, the court’s logic would apply to many other forms of anonymous speech. The Citizen Media Law Project points out that this case is factually distinct from many online defamation suits because the comments at issue were not posted on a blog or other public platform. Newsroomlawblog covers the recent decision and has earlier reported that there is a growing trend for courts to protect anonymous speakers unless the plaintiff meets some elevated standard. Ars Technica and Exclusive Rights provide additional commentary.

(more…)

Blogger Status Fails to Provide Journalistic Protection under N.J. Shield Law

By Ian B. Brooks – Edited by Amanda Rice
Too Much Media, LLC v. Hale, Case No. MON-L-2736-08, (N.J. Super. Ct. Law Div. June 30, 2009) Slip Opinion

The Monmouth County Superior Court of New Jersey held that the Defendant, blogger Shellee Hale, was not entitled to the protections of a newsperson under New Jersey’s Shield Law. Although Hale claimed that her posts on an Internet message board were intended to inform the public and spur debate on Too Much Media’s alleged activities, Judge Locascio focused on Hale’s credibility and whether her posting resembled traditional news media. The court noted that although the Shield Law in New Jersey was “one of the nation’s broadest,” Hale “presented no credible evidence . . . that she ever worked for any ‘newspapers, magazines, press associations, news agencies or wire services, radio or television.’” In reaching this conclusion, Judge Locascio gave no weight to Hale’s being a blogger or her claims of having published articles in a newspaper and trade journal because she failed to name the publications and lied in her certification to the court, which Judge Locasio labeled a “sham affidavit.”

The Citizen Media Law Project provides an overview of the case. The New Jersey Law Journal also summarizes the case and includes comments from Too Much Media attorney, Joel Kreizman. (more…)