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District Court Holds that Internet-Based Television Provider, FilmOn X is Entitled to a Compulsory License

By Anne Woodworth – Edited by Henry Thomas

The U.S. District court for the Central District of California ruled that an online streaming service that rebroadcasted network television fit the definition of a cable company, and was entitled to compulsory licensing under § 111 of the Copyright Act.  The order relied on the Supreme Court’s Aereo decision, which held that internet streaming was fundamentally the same as cable. The ruling conflicts with a Second Circuit case decided on similar facts, and is immediately appealable.

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Data Breach Victims, Rejoice: Seventh Circuit Finds that Threat of Injury is Sufficient for Article III Standing in Data Breach Class Actions

By Brittany Doyle – Edited by Ariane Moss

Last Monday, the Seventh Circuit Courto of Appeals ruled that victims of a data breach had standing to pursue a class action even when they had not suffered direct financial harm as a result of the breach or when they had already been compensated for financial harm resulting from the breach. The opinion reversed a contrary district court decision, which the Seventh Circuit said had incorrectly read the Supreme Court’s 2013 decision in Clapper v. Amnesty International USA.

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How Far Can Law Enforcement Go When Gathering Email Evidence? Former Gov. Scott Walker Employee Files Petition for Writ of Certiorari

By Kasey Wang – Edited by Ariane Moss

Kelly Rindfleisch is serving a six-month sentence for misconduct in public office while working for then-County Executive Scott Walker. Rindfleisch appeals to the U.S. Supreme Court, claiming that the government violated her Fourth Amendment rights while searching her emails for evidence for a different case.

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Russia’s “Right To Be Forgotten” and China’s Right To Be Protected: New Privacy and Security Legislation

By Brittany Doyle – Edited by Ken Winterbottom

The legislatures in Russia and China took steps this month to tighten regulations over Internet companies with access to user data. In Russia, President Vladmir Putin signed a law ensuring a “right to be forgotten” reminiscent of the European Court of Justice’s right to be forgotten ruling of May 2014. And in China, the National People’s Congress released a draft cybersecurity bill that would formalize and strengthen the State’s long-standing regulation of websites and network operators.

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Washington Appeals Court Refuses to Compel Unmasking of Anonymous Avvo Critic Absent Evidence of Defamation

By Leonidas Angelakos – Edited by Olga Slobodyanyuk

The Washington Court of Appeals held that—absent evidence of defamation—a third party website is not required to unmask an anonymous defendant. The court adopted an analysis similar to the widely cited Dendrite test for the showing a defamation plaintiff must make on a motion to compel disclosure of an anonymous defendant’s identity.

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Ninth Circuit Court of Appeals Considers Internet Service Provider’s Liability for Fake Profiles

By Ezra Pinsky – Edited by Dmitriy Tishyevich
Barnes v. Yahoo!, Inc., May 7, 2009, No. 05-36189.
Slip Opinion

On May 7th, the Court of Appeals for the Ninth Circuit affirmed in part and reversed in part a district court’s 12(b)(6) dismissal of a complaint which had sought to impose negligence liability on Yahoo for hosting a fraudulent personals profile created by the plaintiff’s ex-boyfriend, despite plaintiff’s requests that it be removed and Yahoo’s assurances that it would be.  The district court dismissed the claim, holding that Section 230(c)(1) of the Communications Decency Act immunized Yahoo from liability.  Writing for the Court of Appeals, Judge O’Scannlain affirmed in part, upholding the district court’s finding that Section 230(c)(1) protects Yahoo from negligence liability for third-party tortious material hosted on its website.  However, the court reversed in part and remanded, holding that Section 230(c)(1) does not protect Yahoo from a promissory estoppel claim if they promised to remove such content but failed to follow through.

Marc Randazza of the Citizen Media Law Project and Daniel Solove of Concurring Opinions provide overviews of the decision.  Eric Goldman of the Technology and Marketing Law Blog criticizes the opinion for being “filled with gratuitous and dangerous dicta, sloppy reasoning and sloppy language.” (more…)

Posted On May - 23 - 2009 Comments Off READ FULL POST

Content by Vera Ranieri

Google Sued for Use of Trademarked Terms in Adwords Program

class action was filed against Google on May 11, 2009 in federal court in Texas challenging its use of trademarked terms in its adwords program. The New York Times covered the case and surrounding issues. Ars Technica analyzes Google’s new AdWords policy.

ACLU Challenges Constitutionality of Gene Patents

The ACLU filed suit in the Southern District of New York challenging the patenting of genes and genetic tests as unconstitutional. The New York Times reported on the suit and the ACLU’s plaintiff. Patently-O provides further analysis and links to the ACLU blog and the complaint.

Posted On May - 23 - 2009 Comments Off READ FULL POST

Dear Digest Readers,

The Digest will be taking a short break in the coming weeks as our Staff Writers prepare for final exams. We will be back shortly in mid-May with the same quality and coverage you’ve come to expect.

In the meantime, you can now follow JOLT Digest on twitter! We will tweet each time we put up a new post and link to content that may be of interest to our readers. We invite you to follow us at @JOLTdigest!

We look forward to a great summer of law & technology news! Stay tuned!

- The Digest Staff

Posted On May - 2 - 2009 Comments Off READ FULL POST

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
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