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In Response to Ruling by European Court of Justice, Netherlands Bans Unauthorized Downloading of Copyrighted Material
By Andrew Spore – Edited by Travis West

ACI Adam BV v. Stichting de Thuiskopie

In response to an order issued by the European Court of Justice (“ECJ”), the Netherlands has banned the unauthorized downloading of copyrighted material. The Dutch government previously had allowed such downloading for personal use. The ECJ held that, because the law “makes no distinction between private copies made from lawful sources and those made from counterfeited or pirated sources,” it could not be tolerated.

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Flash Digest: News In Brief
By Olga Slobodyanyuk

Amici urge the Ninth Circuit to reconsider its ruling in the “Innocence of Muslims” case

Record companies sue Pandora for royalties on songs made before 1972

Alleged Heartbleed hacker arrested

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Specific Facts Supporting Indirect Infringement Required for Software Supplier to Obtain Declaratory Judgment Against Patentee Suing End Users
By Geng Chen – Edited by Ashish Bakshi

Microsoft Corp. v. DataTern, Inc., No. 13-1184 (Fed. Cir. Apr. 4, 2014)

The Federal Circuit held that Microsoft and SAP had standing to bring invalidity and noninfringement declaratory judgment actions against DataTern, based on DataTern’s previous lawsuits against those companies’ software customers for direct patent infringement, but only to the extent that those direct infringement claims also established a controversy on issues of contributory and induced infringement.

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DOJ Indicts Nine for Zeus Malware Theft From Online Bank Accounts
By Emma Winer – Edited by Sheri Pan

United States v. Penchukov

Last week, the Department of Justice released a previously sealed indictment against alleged conspirators in an international scheme that stole millions of dollars from online bank accounts. The conspirators allegedly infected thousands of computers with “Zeus” malware, which captured passwords, bank account numbers, and other online banking information. Two of the defendants were arraigned in Nebraska after being extradited from the United Kingdom.

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European Court of Justice Invalidates Data Retention Directive
By Paul Klein – Edited by Alex Shank

In a preliminary ruling requested by courts in Ireland and Austria, the European Court of Justice found that Directive 2006/24/EC was invalid. The Grand Chamber recognized the legitimacy of retaining telecommunications data as a means to combat serious crime and terrorism, but it ultimately held that the far-reaching scope of the Directive disproportionately affected individual privacy under the Charter of Fundamental Rights of the European Union.

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Supreme Court Rules for Navy in Use of Sonar in Training Exercises
By Jared Frisch – Edited by Dmitriy Tishyevich
Winter v. Natural Resources Defense Council, Inc.
Supreme Court of the United States, November 12, 2008, No. 07-1239
Slip Opinion

The Supreme Court reversed a decision by the U.S. Court of Appeals for the Ninth Circuit and vacated in part a preliminary injunction that had restricted sonar training operations by the US Navy. The training operations were alleged to damage marine life in violation of the National Environmental Policy Act of 1969 (“NEPA”). The Court applied an equitable balancing test, determining that the likelihood of irreparable injury to the environment was outweighed by the public interest and the Navy’s interest in “effective, realistic training of its sailors.”

Mainstream reporting on the Supreme Court decision can be found at New York Times and the Associated Press.  Further commentary following the case is available at Slashdot and ScotusBlog.

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Posted On Nov - 17 - 2008 2 Comments READ FULL POST

Harry Potter Lexicon Defendant Files Notice of Appeal
Notice of Appeal (hosted by Justia)

On November 7, 2008, defendant RDR Books filed a notice of appeal to the Second Circuit from the September 9, 2008 decision of the S.D.N.Y., which permanently enjoined its publication of the Harry Potter Lexicon book and awarded plaintiffs Warner Brothers and J.K. Rowling statutory damages of $6,750.

Previously: Harry Potter Lexicon Found to Infringe J.K. Rowling’s Copyright

Posted On Nov - 11 - 2008 Comments Off READ FULL POST

Court Declares “Grand Theft” Crime Free
By Briahna Gray – Edited by Miriam Weiler

E.S.S. Entertainment 2000, Inc., v. Rock Star Videos, Inc., November 5 2008, No. 06-56237
Slip Opinion

On November 5, 2008 the Ninth Circuit Court of Appeals upheld a Central California District Court summary judgment ruling to dismiss the case brought by the operators of a Los Angeles strip club (“E.S.S.”) against Rock Star Videos (“Rockstar”), the manufacturer of the Grand Theft Auto video games, for trademark infringement and unfair competition under the Lanham Act, California Business and Professions Code § 14320 and § 17200 and California common law.

E.E.S. had argued that Rockstar’s imitation of the strip club’s logo within the virtual world of Grand Theft Auto: San Andreas had no artistic relevance and would mislead consumers, confusing them as to whether EES had endorsed or associated itself with the digital rendition. In resolving this claim, the court applied a balancing test to weigh Trademark interests against First Amendment rights, stating that the Lanham Act applies to artistic works “only where the public interest in avoiding consumer confusion outweighs the public interest in free expression” Rogers v. Grimaldi, 875 F.2d 994, 999 (2d Cir. 1989) (emphasis in the original).

The ruling affirming summary judgment in favor of the popular game has drawn attention from a number of commentators. The authors at Techdirt.com applaud the decision. Coverage is also offered by Gamastura.com, Techdirt.com and Filewrapper.com summarize the case. RealDealDocs.com lists other legal challenges Grand Theft Auto has faced in the past six years.

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Posted On Nov - 10 - 2008 Comments Off READ FULL POST

Australia Poised to Begin Internet Filtering Program Unprecedented in Scope for Modern Democracy
By Debbie Rosenbaum
Editorial Policy 

If the presumption that democracy depends upon the widest possible access to uncensored ideas, data, and opinions is true, then there is cause for great alarm as one of our nation’s closest democratic allies moves to drastically curtail this foundational freedom within its boarders. The Australian government will likely enact legislation that will make sweeping, compulsory Internet censorship a startling reality for all Australian citizens. Spearheaded by the Minister for Broadband, Communications and Digital Economy, Senator Stephen Conroy, and backed by $44.2 million from the government’s $125.8 million Plan for Cyber-Safety budget, the planned filter (part of the NetAlert program) will render Internet access in Australia similar to that in Iran or China.

Australia’s Federal Government announced its ambitious web censorship plan in December 2007. The goal of the program is seemingly well intentioned: to shield children from violent and pornographic sites. (See the Australian government’s “Children Are Sacred” report, which discusses instances of child sexual abuse in the Northern Territories). The Family First Party, a relatively minor party with only one Member of Parliament, originally championed the filter, also known as the “clean feed” policy. The Party’s proposal has earned wider support from both Senator Conroy and the Rudd-Labor Government. Senator Conroy is expected to call for bids from Australian software makers, and reportedly wants to begin live trials by the end of the year.

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Posted On Nov - 10 - 2008 4 Comments READ FULL POST

The JOLT Digest is proud to introduce Digest Comments! In addition to our regular updates on breaking law and technology news, the Digest will periodically publish longer opinion pieces on especially significant issues. These pieces are written entirely by members of our staff, on topics they believe warrant closer examination and study.

While the Digest provides hosting for Digest Comments, the opinions expressed in the comments are those of the Authors alone and do not reflect any position of the Harvard Journal of Law & Technology, the JOLT Digest, or the Harvard Law School.

– The Digest Staff Editors

 

Posted On Nov - 10 - 2008 Comments Off READ FULL POST
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In Response to Rulin

By Andrew Spore – Edited by Travis West [caption id="attachment_4410" align="alignleft" ...

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Flash Digest: News I

By Olga Slobodyanyuk Amici urge the Ninth Circuit to reconsider its ...

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Specific Facts Suppo

By Geng Chen – Edited by Ashish Bakshi [caption id="attachment_4393" align="alignleft" ...

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DOJ Indicts Nine for

By Emma Winer – Edited by Sheri Pan [caption id="attachment_4373" align="alignleft" ...

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European Court of Ju

By Paul Klein – Edited by Alex Shank [caption id="attachment_4363" align="alignleft" ...