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

By Ellora Israni – Edited by Filippo Raso

IMDb is challenging the constitutionality of Assembly Bill 1687 (“AB 1687”), a California law requiring IMDb to remove ages from its website upon request from paid subscribers, claiming that the law violates the First Amendment’s free speech protections.

Read More...

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

Facebook Blocks British Insurance Company from Basing Premiums on Posts and Likes

By Javier Careaga– Edited by Mila Owen

Admiral Insurance has created an initiative called firstcarquote, which analyzes Facebook activity of first-time car owners. The firstcarquote algorithm determines risk based on personality traits and habits that are linked to safe driving. Firstcarquote was recalled two hours before its official launch and then was launched with reduced functionality after Facebook denied authorization, stating that the initiative breaches Facebook’s platform policy.

Read More...

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

Airbnb challenges New York law regulating short-term rentals

By Daisy Joo – Edited by Nehaa Chaudhari

Airbnb filed a complaint in the Federal District Court of the Southern District of New York seeking to “enjoin and declare unlawful the enforcement against Airbnb” of the recent law that prohibits  the advertising of short-term rentals on Airbnb and other similar websites.  Airbnb argued that the new law violated its rights to free speech and due process, and that it was inconsistent with Section 230 of the Communications Decency Act, which protects online intermediaries that host or republish speech from a range of liabilities.

Read More...

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

Medtronic v. Bosch post-Cuozzo: PTAB continues to have the final say on inter partes review

By Nehaa Chaudhari – Edited by Grace Truong

The Court of Appeals for the Federal Circuit (“the Federal Circuit”) reaffirmed its earlier order, dismissing Medtronic’s appeal against a decision of the Patent Trial and Appeal Board (“PTAB”). The PTAB had dismissed Medtronic’s petition for inter partes review of Bosch’s patents, since Medtronic had failed to disclose all real parties in interest, as required by 35 U.S.C. §312(a)(2).

 

Read More...

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

California DMV Discuss Rules on Autonomous Vehicles

DOJ Release Guidelines on CFAA Prosecutions

Illinois Supreme Court Rule in Favor of State Provisions Requiring Disclosure of Online Identities of Sex Offenders

Research Shows Concerns for Crucial Infrastructure Information Leaks

Read More...

By Kassity Liu JD ’12
Edited by Joey Seiler

Editorial Policy

On October 6, 2009, Eolas Technologies Inc., a research and development company specializing in web solutions, filed a federal lawsuit in the Eastern District of Texas against 23 prominent companies in the software and Internet industry. Eolas claims that these companies are infringing two of its patents, U.S. Patent No. 5,838,906 (’906 Patent) and U.S. Patent No. 7,599,985 (’985 Patent). These two patents cover technology that enables websites to act as platforms for fully integrated embedded applications. The ’906 Patent was granted in November 1998. It defines a system that would allow Internet users to access and execute an embedded program. The ’985 Patent, which was granted on the same day that the company filed its present lawsuit, extends the reach of the older patent to AJAX (asynchronous JavaScript and XML) applications.

The present suit is not Eolas’ first. In a previous patent infringement suit, Eolas targeted Microsoft, claiming that the company had infringed its ‘906 Patent. Eolas alleged that its invention, which was first demonstrated at a SIGWEB meeting in 1994, was the “first instance where interactive applications were embedded in Webpages.”[1] The district court sided with Eolas, and the jury awarded Eolas $521 million in damages.[2] Microsoft appealed this decision, but after unsuccessful attempts at moving the case to the Supreme Court and invalidating the patent, the software giant chose to settle with Eolas. (more…)

Posted On Jan - 3 - 2010 Comments Off READ FULL POST

By Dr. Jur. Eric Engle, LLM[i]
Edited by Gary Pong
Editorial Policy

New technologies have made types of searches possible which could never have been envisioned when the Fourth Amendment was proposed to prohibit unreasonable search and seizure. With remote listening, infrared imaging, and, now, wireless technologies, it is possible to detect movements of people within buildings with no discernible physical impact on the surveilled person’s life.[ii] Are remote searches reasonable? Do they require a warrant?[iii] In my opinion, courts should treat these sorts of remote detection techniques (“surveillance”) as searches subject to the Fourth Amendment’s requirement of reasonableness.

The Fourth Amendment to the U.S. Constitution expressly guaranties that:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

The Fourth Amendment was incorporated by the Fourteenth Amendment to apply directly to the states, even though many protections against search and seizure at state common law were more extensive than the Fourth Amendment.[iv] The general rule is that the Fourth Amendment’s prohibition of unwarranted searches does not apply where there is no reasonable expectation of privacy.[v] That leads to the question of when a person has reason to believe that he or she is “in private” as opposed to “in public”. This will depend both on the facts of the case and on social reality.[vi] For example, different cultures within the United States have different senses of what is “public” and what is “private”, and those senses are constantly evolving.[vii] However, one bright line stands out: searches of homes without warrants are presumptively unreasonable because “[a]t the very core [of the Fourth Amendment] stands the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion.” [viii] (more…)

Posted On Dec - 29 - 2009 Comments Off READ FULL POST

By Andrew Segna, JD ‘12
Edited by Lee Welling
Editorial Policy

Video games have evolved from a niche hobby to an important mainstream form of entertainment and artistic expression in the United States. A May 2009 Ars Technica article stated that Americans are more likely to spend time playing video games then going to see a movie. Video games can now be considered a peer of music, movies, and television. As in these other industries, there has been a recent movement outside of big-budget and high-profile games. Small development teams with limited resources have begun producing unique games that push the boundaries of gameplay and story-telling. Current independent developers grew up on the personal computer (PC) and are familiar with its open nature, meaning that with the PC developers can have unfettered control over their products’ creation and distribution.

This open nature is not without flaws, such as piracy. In response to these flaws, developers have begun moving to other platforms, most importantly the Xbox 360 and the iPhone. The popularity of these devices and their ease of use present an enormous opportunity for independent developers. The evolution of these platforms, however, also presents a significant impediment to the growth of independent games. The flawed free and restrictive natures of the Xbox 360 and the iPhone threaten the financial success of independent games. In contrast, Microsoft’s control over the Xbox 360 and Apple’s control over the iPhone enables these two platform holders to achieve their own goals. The interests of the platform holder and independent developers often do not align, which negatively impacts the latter entity. Independent developers are so intent on producing profitable games that they focus on surviving on the platform instead of changing its structure for the betterment of their peers. In order to overcome the harms of these platforms, this Comment will argue that a legal aid organization should guide independent developers in overcoming Microsoft’s and Apple’s status as repeat players in their respective platforms. (more…)

Posted On Dec - 22 - 2009 1 Comment READ FULL POST

By Alissa Del Riego*
Edited by Miriam Weiler
Editorial Policy

The FTC’s new Guides Concerning the Use of Endorsements and Testimonials in Advertising (“the guidelines”), regulating blog postings that endorse products, take effect December 1, 2009. These guidelines represent the first time since 1980 that the FTC has updated its policies to adapt to new social media and the ever-growing presence of advertisement on the Internet. The guidelines seek to provide consumers with enough information to allow them to distinguish between an online reviewer’s personal opinion about a product and a reviewer’s opinion whose objectivity may be questionable. The guidelines require bloggers to disclose any material relationship they might have with a company whose product they are endorsing online. Failure to disclose could result in disciplinary action (probably a fine) not only for the blogger, but also for the advertiser or manufacturer whose product the blogger is rating. Though the guidelines also address celebrity endorsements, this Comment will focus on the guidelines’ effect on blogging and other online social media.

The guidelines have received a lukewarm reception. Though some commentators have noted that the regulations are long overdue, bloggers and advertisers alike have voiced concerns and objections. This Comment evaluates the new guidelines by acknowledging their necessity, exploring their reach to determine whether they have gone beyond optimal regulation, and finally concluding that they have not.  Part I establishes consumers’ need for additional information when reading cyber reviews. By examining the language of the relevant guidelines and the illustrative examples provided by the FTC, Part II explores the guidelines, their breadth, and the parties affected. Part III analyzes the leading arguments against the guidelines and identifies additional arguments touching upon their regulatory efficiency. Part IV concludes, finding the guidelines a necessary and benign constraint given the lack of information available to online consumers. (more…)

Posted On Dec - 19 - 2009 Comments Off READ FULL POST

It’s once again that time of year: The Digest will be taking a short break from our regular coverage over the coming weeks as our Staff Writers head home for a well-deserved holiday break.

While we take our hiatus from regular coverage, we have the pleasure of re-introducing our Comments feature. Comments are 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. Each week for the rest of December and the beginning of January, we will publish one or two Comments that we have worked on over the semester. We have some especially interesting pieces this winter and we hope you enjoy them!

Also stay tuned for previews of articles that will be published in our print edition next month.

We’ll be back shortly after the New Year with our usual coverage.

We sincerely hope you’ve enjoyed our work this year! Happy holidays!

The Digest Staff

Posted On Dec - 18 - 2009 Comments Off READ FULL POST
  • RSS
  • Facebook
  • Twitter
California Flag

IMDb Challenges Cali

By Ellora Israni – Edited by Filippo Raso IMDb.com, Inc. v. ...

Facebook International

Facebook Blocks Brit

By Javier Careaga – Edited by Mila Owen Many insurance companies ...

computer-typing1

Airbnb challenges Ne

By Daisy Joo – Edited by Nehaa Chaudhari Complaint to Declare ...

Unknown

Medtronic v. Bosch p

By Nehaa Chaudhari – Edited by Grace Truong Medtronic, Inc. v. Robert ...

Unknown

Flash Digest: News i

By Li Wang – Edited by Henry Thomas California DMV Discuss ...