A student-run resource for reliable reports on the latest law and technology news
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ITC’s review of an ALJ’s order was not procedurally sound
By Mengyi Wang – Edited by Sarah O’Loughlin

The United States Court of Appeals for the Federal Circuit unanimously vacated and remanded a decision of the International Trade Commission (“ITC”), finding that the ITC exceeded its authority in reviewing an administrative law judge’s (“ALJ”) order denying a motion for termination. In so holding, the Court rejected the ITC’s attempt to characterize the ALJ’s decision as an initial determination, which would be subject to review.

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Facebook’s experiment of emotional contagion raises concerns
By Jenny Choi – Edited by Sarah O’Loughlin

On June 17, 2014, Proceedings of the National Academy of Sciences released a study in which Facebook reduced positive and negative posts on News Feeds to observe any changes in the participants’ posts to test whether emotional states are contagious through verbal expressions. Many have criticized Facebook for the experiment,  finding that Facebook has deceived its users, violated past Consent Orders, and stretched the users’ terms of service agreements too far.

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Georgia Supreme Court Takes Chan v. Ellis Appeal to Redefine First Amendment Right on the Internet
By Yixuan Long – Edited by Emma Winer

The Georgia Court of Appeals ordered the appeal in Ellis v. Chan be transferred to the Georgia Supreme Court. Chan, an interactive website owner, appealed the trial court’s permanent protective order, which commanded him to take down more than 2000 posts on his website, and forbade him from coming within 1000 yards of Ellis. The Court of Appeals decided that the case raised significant constitutional issues regarding the First Amendment right on the internet.

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Flash Digest: News in Brief

By Ken Winterbottom

Access to nude photos is a ‘perk’ of working at the NSA, Snowden says

Record label slams YouTube star with copyright infringement suit

Study shows women are still underrepresented among technology leaders

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SDNY Holds Bitcoins Fall Under Purview of Federal Money Laundering Statute

By Amanda Liverzani  Edited by Mengyi Wang

The debate surrounding the legal status of Bitcoins continued to heat up, as the Southern District of New York weighed in on whether the virtual currency could be used to launder money under 18 U.S.C. §1956(h). In a July 9, 2014 opinion penned by Judge Forrest in United States v. Ulbricht, the court held that exchanges involving Bitcoins constitute “financial transactions” for purposes of the money laundering statute, noting that “[a]ny other reading would—in light of Bitcoins’ sole raison d’etre—be nonsensical.”

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By Tyler Lacey

Wiki Operator Seeks Right to Host Discussions About Circumvention of iPhone’s DRM System

Wired reports that on April 27, BluWiki operator OdioWorks filed a declaratory judgment lawsuit against Apple in order to “clarify the rights of the parties.” Last November, Apple threatened OdioWorks with legal action over a thread discussing how to use unapproved software on both the iPod and iPhone. Apple claimed that the content was “designed to circumvent Apple’s FairPlay digital rights management system” in violation of the Digital Millennium Copyright Act. OdioWorks initially complied with Apple’s takedown demands, but is now being supported by Keker Van Nest and the Electronic Frontier Foundation in its lawsuit.

Ontario to Propose New Legislation Banning Ticketmaster from Reselling Tickets Through Its Subsidiaries

On April 29, The Toronto Star reported that Ontario’s Attorney General Chris Bentley plans to introduce a bill that would outlaw ticket sales companies such as Ticketmaster from reselling their tickets on subsidiary websites. Although ticket scalping is already illegal in Ontario, Bentley says the proposal is in response to complaints from customers upset with Ticketmaster’s practice of reselling tickets at prices above face value on its subsidiary TicketsNow. Ticketmaster had previously agreed to voluntary limitations on its use of TicketsNow in the United States.

European Union Votes to Extend Music Copyright by 20 Years

The European Parliament voted on April 23 to extend the length of musical copyright protection from 50 years to 70 years. If the proposal is approved by the European Council, artists will be able to continue receiving royalties for up to 70 years after the first release of their songs. Ars Technica reports that several groups have criticized the extension because most of the new royalties will go to record labels rather than the original performers of the songs.

Posted On Apr - 30 - 2009 Comments Off READ FULL POST

Federal Circuit Addresses Patent Pools and Antitrust Violations

By Sharona Hakimi – Edited by Chris Kulawik
Princo Corp. v. International Trade Commission, April 20, 2009, No. 07-1386
Slip Opinion

On April 20th, the Federal Circuit affirmed in part and vacated in part a decision by the International Trade Commission in a suit regarding a patent pool for the “Orange Book” technology used to produce recordable and rewritable CDs. At the ITC, Princo conceded that it violated six patents owned by Philips Corp, but it claimed those patents were unenforceable due to patent misuse. Writing for the Federal Circuit, Judge Dyk affirmed the ITC’s findings that Princo failed to demonstrate that Philips committed patent misuse due to unlawful tying. However, the court remanded the case to determine whether Philips misused its patents by allegedly violating antitrust laws by agreeing not to compete with Sony.

The ITC originally ruled in Certain Recordable Compact Discs & Rewritable Compact Discs (Inv. No. 337-TA-474) that CD-R and CD-RWs imported by Princo infringed on six of Philips’ patents, all of which relate to industry standard “Orange Book” CD technology. The patents at issue were jointly developed by Philips and Sony in the 1980s and early 1990s.  When developing the technology and industry standards, Philips, Sony, and other companies pooled their patents and allowed Philips to grant package licenses to each company, with all of the patent owners sharing in the royalties.

Barry Herman and Alex Englehart of the ITC Law Blog summarize the decision.  Patently-O explains the relevant case law and antitrust theories. The Patent Prospector recaps the case’s background, providing excerpts from both the ITC and the Federal Circuit opinions. (more…)

Posted On Apr - 30 - 2009 Comments Off READ FULL POST

First Circuit Bans Webcast in Trial Court

By Debbie Rosenbaum* – Edited by Chris Kulawik
In Re: Sony BMG Music Entertainment Et Al., April 16, 2009, No. 09-1090
Opinion

On Thursday, April 16, The United States Court of Appeals for the First Circuit in Boston, MA overturned a motion granted  by the district court which would have permitted the oral arguments in the case of Joel Tenenbaum vs. the Record Industry Association of America to be broadcast live over the Internet.

In a unanimous opinion by the First Circuit Court of Appeals authored by Judge Bruce Selya, the court ruled that the District of Massachusetts Local Rules, as well as policy statements by the First Circuit Judicial Council, and the United States Judicial Conference, all pointed toward one conclusion: no webcast would be permitted. The decision rested on two premises: 1) Judge Nancy Gertner lacked the authority to permit Internet broadcasts from her courtroom; and 2) the Judicial Council’s 1996 anti-camera resolution banned the use of recording devices in federal courtrooms unless they are used to preserve trial evidence. However, in so holding, the court noted that they were “reluctant to interfere with a district judge’s interpretation of a rule of her court, especially one that involves courtroom management.”

As explained by Copyrights & Campaigns, Judge Kermit Lipez filed a brief concurrence, agreeing with Judge Selya’s conclusion that the rules preclude the webcast, but arguing that there is no good policy reason to disallow it. Copyrights & Campaigns also argues, as does Recording Industry v. the People, that it is ironic that the court of appeals posted an audio recording of the oral argument on its website.

Ray Beckerman has consolidated all the legal documents associated with this portion of the case. (more…)

Posted On Apr - 29 - 2009 1 Comment READ FULL POST

To Students’ Dismay, Plagiarism Detection Website Protected by “Fair Use”

By Sharona Hakimi – Edited by Stephanie Weiner
A.V. v. iParadigms, L.L.C., April 16, 2009, No. 08-1424
Opinion

On April 16, the US Court of Appeals for the Fourth Circuit affirmed a summary judgment ruling by the US District Court for the Eastern District of Virginia, holding that archiving of student works by commercial plagiarism detection website TurnItIn.com is a “fair use” under the Copyright Act, and therefore does not violate the students’ copyrights in their work. Additionally, Circuit Judge Traxler remanded the case to lower court to reconsider the defendant’s counterclaim for monetary damages under the Computer Fraud and Abuse Act, 18 U.S.C. 1030, based on one plaintiff’s unauthorized access to the site.

The case arose when the plaintiffs were forced by their high school teachers to electronically submit their written work and assent to an online agreement with TurnItIn.com. The website compares student papers to a database of other essays to find instances of plagiarism. At issue was whether the website, operated by defendant iParadigms L.L.C., violated the students’ copyright rights to their work when it archived them for future comparison with other student works.

David Kravets of Wired summarizes the opinion. Nate Anderson, writer for Ars Technica (and a former teacher), analyzes the case and its potential revolutionary effects on education. A recent magazine interview with John M. Barrie, CEO of iParadigms, expresses Barrie’s goals for plagiarism detection services. A 2007 news article discusses the original filing of the case.

(more…)

Posted On Apr - 25 - 2009 1 Comment READ FULL POST

By Tyler Lacey

Founders of The Pirate Bay Internet Piracy Site Convicted, Sentenced to Prison

The New York Times reports that on April 17, a Swedish court convicted four men, including the three founders of The Pirate Bay website, on charges of promoting copyright infringement. The men were sentenced to one year in prison and ordered to pay the equivalent of $3.6 million in damages to the holders of the infringed copyrights. The Pirate Bay continues to provide links that allow users to download thousands of copyrighted songs, movies, and computer programs. John Kennedy, chief executive of the International Federation of the Phonographic Industry, said that the copyright holders will continue their efforts to shut down the website.

Electronic Frontier Foundation Supports Block on Gambling Domain-Name Seizure

The Electronic Frontier Foundation, in conjunction with the Center for Democracy and Technology and the American Civil Liberties Union of Kentucky, filed an amicus brief to the Kentucky Supreme Court on April 17. The brief supports the blocking of a Kentucky state court order, which requires domain name registrars outside of Kentucky to release control of over 100 domain names associated with gambling websites. A Kentucky court of appeals had previously blocked the trial court’s seizure order, ruling that Kentucky’s ban on “gambling devices” did not extend to internet domain names.

South Korean Blogger Acquitted on Charges of Spreading False Information

On April 20, a South Korean court acquitted Park Dae-sung on charges of purposely harming market sentiment. Reuters reports that Park had been accused of causing instability in the South Korean currency by spreading false information on his blog. Park had previously gained notoriety for posting accurate predictions of future economic troubles, including the collapse of Lehman Brothers. The court reasoned that even if Park did spread false information over the internet, he could not be convicted because he lacked the necessary intent to harm the public interest.

Posted On Apr - 23 - 2009 Comments Off READ FULL POST
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ITC’s review of an

ITC’s review of an ALJ’s order was not procedurally sound By ...

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Facebook’s experim

Facebook’s experiment of emotional contagion raises concerns By Jenny Choi – ...

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Georgia Supreme Cour

Georgia Supreme Court Takes Chan v. Ellis Appeal to Redefine ...

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Flash Digest: News i

By Ken Winterbottom Access to nude photos is a ‘perk’ of ...

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SDNY Holds Bitcoins

By Amanda Liverzani – Edited by Mengyi Wang United States v. Ulbricht, ...