A student-run resource for reliable reports on the latest law and technology news
http://jolt.law.harvard.edu/digest/wp-content/uploads/2012/12/joltimg.png

The FCC’s Net Neutrality Rules on Protecting and Promoting Open Internet

By Shuli Wang – Edited by Yaping Zhang

Two weeks after voting on regulating broadband Internet service as a public utility, on March 12, the Federal Communications Commission (”FCC”) released a document (the FCC Order and Rules) on net neutrality, which reclassifies high-speed Internet as a telecommunications service rather than an information service, thus subjecting Internet service providers (ISPs) as common carrier to regulations under Title II of the Communications Act of 1934. The purpose of the new rules is to ensure the free flow of bits through the web without paid-for priority lanes and blocking or throttling of any web content.

Read More...

http://jolt.law.harvard.edu/digest/wp-content/uploads/2012/12/joltimg.png

White House releases administration discussion draft for Consumer Privacy Bill of Rights Act of 2015

By Lan Du – Edited by Katherine Kwong

On February 27, 2015, President Obama released an administration draft of a proposed Consumer Privacy Bill of Rights Act. The proposed bill’s stated purpose is to “establish baseline protections for individual privacy in the commercial arena and to foster timely, flexible implementations of these protections through enforceable codes of conduct developed by diverse stakeholders.”

Read More...

http://jolt.law.harvard.edu/digest/wp-content/uploads/2012/12/joltimg.png

Federal Circuit Flash Digest: News in Brief

By Patrick Gallagher

Federal Circuit Affirms Denial of AT&T Motion to Extend or Re-open Filing Period for Appeal in Patent Infringement Suit

In Patent Suit Against Apple, Federal Circuit Affirms in Part, Reverses in Part

Federal Circuit Reverses DNA Sequencing Technology Patent Construction

Read More...

http://jolt.law.harvard.edu/digest/wp-content/uploads/2012/12/joltimg.png

Wikimedia Sues NSA for Upstream Surveillance

By Paulius Jurcys – Edited by Sarah O’Loughlin

Wikimedia Foundation filed a suit against the NSA challenging the constitutionality of upstream surveillance programs, which allow the NSA to communicate by Americans and persons abroad. The claim, which was joined by eight other human rights organizations, challenges NSA’s actions as violations of the First and Fourth Amendments of the US Constitution.

Read More...

http://jolt.law.harvard.edu/digest/wp-content/uploads/2012/12/joltimg.png

Florida Considers a Bill Outlawing Anonymous Websites

By Paulius Jurcys – Edited by Anton Ziajka

Florida lawmakers are considering a bill, the “True Origin of Digital Goods Act,”  that would require owners and operators of websites that disseminate “commercial” recordings or audiovisual works to prominently disclose their true names, physical addresses, and telephone numbers or email addresses on the websites. The bill extends to all websites that deal “in substantial part” in disseminating such recordings or audiovisual works, “directly or indirectly,” to Florida consumers.

Read More...

First Circuit Holds That Artists Have Moral Rights In Unfinished Works
By Debbie Rosenbaum – Edited by Alissa Del Riego

Massachusetts Museum of Contemporary Art Foundation v. Büchel, No. 08-2199 (1st Cir. Jan. 27, 2010)
Slip Opinion

On January 27, the First Circuit affirmed in part, vacated in part, and remanded for further proceedings the district court’s grant of summary judgment for the Museum of Contemporary Art, holding that artists have moral rights in unfinished artworks.

The First Circuit decided a number of complex issues related to the Visual Artists Rights Act (“VARA”), holding that VARA’s protection of an artist’s moral rights extends to unfinished creations that are “works of art” within the meaning of the Copyright Act.  In so holding, the court reasoned that “moral rights protect the personality and creative energy that an artist contributes to his or her work,” and “[t]hat convergence between artist and artwork does not await the final brushstroke or the placement of the last element in a complex installation.”

The court also ruled that the district judge in the lower court improperly granted the Museum of Contemporary Art summary judgment for one of Büchel’s integrity claims under VARA and his Copyright Act claim finding that there were “material disputes of fact” that should be decided by a jury about whether the museum distorted Mr. Büchel’s installation by showing it to several people after making changes in it without his approval.  However, the First Circuit ruled that Büchel’s right-of-attribution claim was moot because VARA provides only injunctive relief to protect the right of attribution and his installation no longer exists.

The New York Times and the Copyright Litigation Blog both provide an overview of the case.  The Boston Globe provides a good news story that includes the facts going back to the initial dispute. (more…)

Posted On Feb - 2 - 2010 Comments Off READ FULL POST

Federal Circuit Reverses and Remands District Court Ruling in Obviousness-type Double Patenting Case
By Kassity Liu – Edited by Joey Seiler

Boehringer Ingelheim Int’l. v. Barr Laboratories, Inc., No. 2009-1032 (Fed. Cir. 2010).
Opinion

The Federal Circuit reversed and remanded the District Court for the District of Delaware, which had ruled that U.S. Patent No. 4,866,812, owned by the appellant Boehringer, was invalid because Boehringer’s terminal disclaimer did not overcome obviousness-type double patenting with respect to an earlier expired patent, and because the safe harbor provision of § 121 of the Patent Act does not protect the current patent.

The District Court had ruled that the terminal disclaimer filed by Boehringer on the last day of the trial was inoperative because it was filed after the original patent, U.S. Patent No. 4,843,086, had expired. The court also concluded that the safe harbor provision of § 121 did not apply to the ‘812 patent because it was not filed as a result of any restrictions in the ‘086 patent but rather due to a restriction in another patent, U.S. Patent No. 4,731,374. On appeal, the Federal Circuit agreed with the District Court on the issue of the terminal disclaimer, but found that the safe harbor provision did apply.

271 Patent Blog and Patently-O Blog provide brief overviews of the case. Patent Docs gives a more detailed analysis of the case as well as a short summary of the dissenting opinion. IPWatchdog talks about the practical nature of the decision and criticizes the dissent’s narrow interpretation of the safe harbor provision. (more…)

Posted On Jan - 31 - 2010 1 Comment READ FULL POST

By Harry Zhou

Harvard Law Professor Criticizes Google Book Settlement

On January 26, TechCrunch reported that Lawrence Lessig, a Harvard Law School professor and “free-culture advocate,” criticized Google’s settlement with the Authors Guild as a “path to insanity.” Lessig writes that the settlement extended the copyright law’s regulation on physical copies into the digital world, resulting in “a world in which every bit, every published word, could be licensed.” According to Lessig, providing copyright protection at the level of pages instead of at the level of books could make accessing digital books a complicated and “legally regulated event.” To prevent this outcome, Lessig argues that the “solution is a re-crafting of [the] law” that would favor protection of a work as a whole rather than protection of its constituent parts.

FCC Continues Probe of Wireless Carriers’ Early Termination Fees

MocoNews reported on January 26 that the Federal Communications Commission formalized its inquiries into how wireless carriers handle early termination fees by sending letters to Google, AT&T, Sprint, T-Mobile, and Verizon. The FCC states that the letters are intended to gather “facts and data on the consumer experience with wireless early termination fees.” Google, while not a carrier, charges an “Equipment Recovery Fee in connection with its offering of the Nexus One to customers who agree to a two-year contract with T-Mobile.” Industry trade group CTIA-The Wireless Association responded to the FCC’s inquiry by emphasizing that the fees “are part of the rate and rate structure that allows wireless carriers to, among other things, subsidize phone purchases.”

Chinese Search Engine Cleared of Music Piracy Charges

Wired.com reported on January 26 that Baidu, the leading search engine in China, was cleared of music piracy charges. Universal, Sony BMG, and Warner filed suit in a Beijing Court in early 2008, accusing Baidu of providing links directly to a large number of allegedly infringing song tracks hosted by third-party websites. The International Federation of the Phonographic Industry expressed disappointment over the court’s ruling, stating that “the verdicts do not reflect the reality that both operators have built their music search businesses on the basis of facilitating mass copyright infringement, to the detriment of artists, producers and all those involved in China’s legitimate music market.”

Posted On Jan - 30 - 2010 Comments Off READ FULL POST

Court Reduces $1.92 Million File-Sharing Jury Award to $54,000
By Dmitriy Tishyevich – Edited by Joey Seiler

Capitol Records Inc. v. Thomas-Rasset, No. 06-1497 (D. Minn. Jan. 22, 2010)
Order

In June 2009 a jury returned a verdict against Defendant Jamie Thomas-Rasset after finding that she willfully infringed the copyrights of twenty-four songs by making them available through a file-sharing program.  The jury awarded Plaintiffs statutory damages of $80,000 for each willful infringement, resulting in a total verdict of $1.92 million.  On January 22, 2010, U.S. District Court Chief Judge Michael Davis for the District of Minnesota remitted the jury award by 97% to $54,000 ($2,250 per song), three times the statutory minimum, noting that even this reduced award remains “significant and harsh” and finding that it sufficiently serves both the deterrent and the compensatory purposes of statutory damages.

JOLT Digest previously covered the Thomas-Rasset case.  ArsTechnica and Wired report on Judge Davis’ order.  Copyrights and Campaigns comments on the decision and provides continuing coverage of the updates in the case. (more…)

Posted On Jan - 28 - 2010 Comments Off READ FULL POST

Federal Circuit Affirms TTAB’s Refusal of South Carolina Baseball Logo Registration
By Harry Zhou – Edited by Davis Doherty

Univ. of S. Carolina v. Univ. of S. Cal., No. 2009-1064 (Fed. Cir. Jan. 19, 2010).
Slip Opinion

In a nonprecedential ruling, the Federal Circuit affirmed a decision by the Trademark Trial and Appeals Board (“TTAB”) refusing the appellant’s (“South Carolina’s”) registration of its Carolina Baseball Logo mark and granting summary judgment against the appellant on its counterclaim for cancellation of a trademark registration held by the appellee (“Southern California”).

Despite the absence of evidence of actual confusion, the TTAB held that consumer confusion of goods marketed by the two schools was likely due to similarities in channels of trade and conditions of purchase. Furthermore, the TTAB held that South Carolina lacked standing to bring the counterclaim. On appeal, the Federal Circuit affirmed the TTAB’s conclusion of likely confusion, but ruled that South Carolina had standing as to the counterclaim. But the Federal Circuit upheld the TTAB’s grant of summary judgment on the counterclaim, finding that South Carolina failed to establish any genuine issue of fact.

Patently-O provides a thorough analysis of the opinion. The TTABlog features an overview of the decision and provides a link to the mp3 recording of the oral argument. The Los Angeles Times blog reports the reaction of an attorney representing the University of Southern California in its coverage of the matter. (more…)

Posted On Jan - 24 - 2010 Comments Off READ FULL POST
  • RSS
  • Facebook
  • Twitter
  • GooglePlay
600px-NetNeutrality_logo.svg_

The FCC’s Net Neut

By Shuli Wang - Edited by Yaping Zhang THE FCC 15-24 ...

13399-surveillance_news

White House releases

By Lan Du – Edited by Katherine Kwong Administration Discussion Draft: ...

Unknown

Federal Circuit Flas

By Patrick Gallagher Federal Circuit Affirms Denial of AT&T Motion to ...

Logo_colors_wikimedia

Wikimedia Sues NSA f

By Paulius Jurcys – Edited by Sarah O’Loughlin On March 10, ...

Photo By: MusesTouch - digiArt & design - CC BY 2.0

Florida Considers a

By Paulius Jurcys – Edited by Anton Ziajka [caption id="attachment_3781" align="alignleft" ...