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Newegg Wins Patent Troll Case After Court Delays

By Kasey Wang – Edited by Yunnan Jiang and Travis West

The District Court for the Eastern District of Texas recently issued a final judgement for online retailer Newegg, twenty months after trial, vacating a $2.3 million jury award for TQP. TQP, a patent assertion entity commonly known as a “patent troll,” collected $45 million in settlements for the patent in question before Newegg’s trial.

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The Evolution of Internet Service Providers from Partners to Adversaries: Tracking Shifts in Interconnection Goals and Strategies in the Internet’s Fifth Generation

By Robert Frieden – Edited by Marcela Viviana Ruiz Martinez, Olga Slobodyanyuk and Yaping Zhang

In respone to increasing attempts by Internet Service Providers to target customers who trigger higher costs for rate increases, the FCC and other regulatory agencies worldwide have stepped in to prevent market failure and anticompetitive practices. This paper will examine new models for the carriage of Internet traffic that have arisen in the wake of these changes.

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The Global Corporate Citizen:  Responding to International Law Enforcement Requests for Online User Data 

By Kate Westmoreland – Edited by Yunnan Jiang

This paper analyses the law controlling when U.S.-based providers can provide online user data to foreign governments. The focus is on U.S. law because U.S. dominance of internet providers means that U.S. laws affect a large number of global users. The first half of this paper outlines the legal framework governing these requests. The second half highlights the gaps in the law and how individual companies’ policies fill these gaps.

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3D Printing, Net Neutrality, and the Internet: Symposium Introduction

By Deborah Beth Medows – Edited by Yaping Zhang

Jurists must widely examine the pervasive challenges among the advents in Internet and computer technology in order to ensure that legal systems protect individuals while  encouraging innovation.  It is precisely due to the legal and societal quagmires that 3D printing and net neutrality pose that ideally position them as springboards from which to delve into broader discussions on technology law.

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A Victory for Compatibility: the Ninth Circuit Gives Teeth to RAND Terms

By Stacy Ruegilin – Edited by Ken Winterbottom

Microsoft won a victory in the Ninth Circuit last Thursday after the court found that Motorola, a former Google subsidiary, had breached its obligation to offer licenses for standards-essential technologies at reasonable and non-discriminatory rates. The court affirmed a $14.52 million jury verdict against Motorola for the breach.

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RIAA wins overwhelming copyright and sanctions victory against Usenet.com

By Sharona Hakimi – Edited by Anthony Kammer
Arista Records LLC v. Usenet.com, Inc., June 30, 2009, No. 07 Civ. 8822
Opinion

On June 30, 2009, a New York District Court granted summary judgment for the Recording Artist Association of America (RIAA) in its case against Usenet.com.  Judge Harold Baer of the Southern District of New York held the website liable for direct, contributory, and vicarious copyright infringement.  Additionally, Judge Baer issued discovery sanctions against Usenet.com for engaging in a wide array of litigation misconduct that included wiping hard drives, sending witnesses to Europe to avoid depositions, and stonewalling legal questionnaires.  A magistrate judge will soon determine the appropriate remedies.

Ars Technica summarizes the litigation, providing background to the case and the history of the website.  Greg Sandoval of cnet news offers a short recap of the case.  Billboard.biz writer Ben Sheffner outlines the potential precedential impact of the decision.  The RIAA released a statement regarding the victory on its Music Notes Blog.

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Posted On Jul - 9 - 2009 Comments Off READ FULL POST

By Brian Kozlowski

Lori Drew “Cyberbullying” Conviction Thrown Out

The Los Angeles Times reports that on July 2nd, a federal judge dismissed the case against “cyberbully” Lori Drew, saying that the clear terms of the Computer Fraud and Abuse Act (CFAA) preclude a guilty verdict. The Lori Drew case received widespread media attention eight months ago when the 50 year-old mother was found guilty of “unauthorized computer access” under the CFFA for aiding her daughter in creating a fake MySpace account that led to another girl’s suicide. The guilty verdict was ardently criticized for criminalizing violations of websites’ terms of service, which few users actually read when creating accounts, essentially allowing websites to make their own law.

China’s Mandatory Client-Side Censoring Program Delayed

Only a day before the previously announced July 1st deadline, the Chinese government announced, through official news agency Xinhua, a delay in the requirement that PC makers pre-install a web-filtering program called “Green Dam Youth Escort.” The Wall Street Journal reports that the project is not abandoned, but merely delayed. Green Dam was first released several months ago as a pornography-filtering program and didn’t evolve into a requirement until the beginning of June, much to the chagrin of PC manufacturers. After the University of Michigan discovered serious security holes, which would open computers to remote code execution, PC manufacturers began to worry about liability issues and possibly acquiring reputations for supporting censorship. So far, only Sony has shipped computers with the software pre-installed in advance of the July 1st deadline.

Supreme Court Allows Remote Storage DVR

Ars Technica and Wired both report that the Supreme Court declined to hear a final appeal in the Cablevision DVR case on the final day of its term. The Second Circuit had allowed Cablevision to continue offering its customers a recording system that is different from traditional recording only in that it stores the customers’ recordings of copyrighted content remotely on Cablevision’s servers. Because the consumer maintains control over the recordings, rather than accessing an on-demand library provided by Cablevision, the court ruled that the recordings were still fair use. Television networks called the case the most important since the 1984 ruling that consumer VHS recording of copyrighted movies falls under fair use. The Supreme Court’s silence aligns with the filing by the Obama administration suggesting that this case was not the appropriate forum to “clarify” the legal issues of fair use.

Another Nesson-RIAA Continue to Clash over File-Sharing

As reported by Ars Technica, Harvard Law professor Charlie Nesson is once more facing off against the RIAA’s MediaSentry in the illegal file-sharing suit against Joel Tenenbaum. Tenenbaum, like Jammie Thomas-Rasset before him, is accused of sharing songs illegally on KaZaa. Nesson and his associates aim to try the same legal tactic that has failed them in the past, namely attempting to discredit the evidence brought by the RIAA as being gathered illegally. The high-profile cases, including controversial high damage awards and internal defense disputes, have been part of a larger attempt to establish solid legal precedent, or prompt a legislative solution, for future file-sharing disputes.

Posted On Jul - 4 - 2009 1 Comment READ FULL POST

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 of The Register provides an overview of the opinion. Eric Goldman criticizes the court’s opinion on his Technology & Marketing Law blog. Although Goldman doubts that “the literal holding of this case is all that troubling to most folks” he believes that the court “muddles the discussion” of each of the CDA immunity prongs.  In particular, Goldman believes that the court erred when it decided that “develop” was essentially synonymous with “publish” for the purposes of analyzing CDA immunity. Goldman describes the opinion as a “major carveback of [the CDA]‘s coverage” and predicts problems for online retailers that republish third-party content. (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 Act Sec. 230(c)(2)(B) and rejected Zango’s argument that Sec. 230 immunity was limited only to Internet content providers.

The E-Commerce and Tech Law Blog summarizes the opinion. Eric Goldman provides another summary, agreeing with the outcome, but pointing out some questions the decision left open.
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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 will lead to more trust within the blogosphere and increased advertiser comfort with blogs.

City Removes Requirement that Job Applicants Disclose Social Networking Passwords

On June 22, the City Commission of Bozeman, Montana, rescinded a requirement that city job applicants disclose their usernames and passwords for websites such as Facebook, YouTube, and MySpace, the Billings Gazette reports. The requirement was part of Bozeman’s background check consent and release form. The commission’s decision came less than a week after a Montana television station discovered and reported on the policy, which quickly provoked additional coverage and criticism from tech media and legal blogs.

Google’s Italian Court Date Set Back

The AP reports that on June 23, the Italian trial of four Google executives for defamation and privacy law violations was postponed until September due to the absence of an interpreter. Italian prosecutors brought the case seeking to hold Google liable for allowing a video of an autistic child being beaten by his classmates to be posted on YouTube. Though an E.U. law similar to the U.S.’s 47. U.S.C. §230 immunizes internet service providers from liability based on third-party content, the suit was brought under an Italian penal statute which holds content providers responsible for user-generated material, according to the Proskauer Privacy Law Blog. Alessandro del Ninno, an expert on Internet law, says the case is the first of its kind in Europe.

Posted On Jun - 26 - 2009 Comments Off READ FULL POST
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Newegg

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