A student-run resource for reliable reports on the latest law and technology news
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Flash Digest: News in Brief

By Daniel Etcovitch – Edited by Emily Chan

Florida Judge Rules Bitcoin Is Not Equivalent to Money

Illinois Governor Signs Bill Restricting Use of Stingrays

DMCA DRM Circumvention Provision’s Constitutionality Being Challenged

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Federal Circuit Flash Digest

By Yuan Cao – Edited by Frederick Ding

Mere Commercial Benefit Not Enough to Trigger The On-Sale Bar

Technology-Based Software Solution Can Be Patentable 

Patent Disputes about Siri, iTunes, Notification Push, and Location

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Sixth Circuit Finds Privacy Interest in Mugshots under FOIA

By Filippo Raso – Edited by Ariane Moss

A split en banc Sixth Circuit reversed the lower courts’ ruling, holding individuals have a privacy interest in their booking photos for the purposes of Exemption 7(C) of the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552. In so doing, the Court overruled Circuit precedent established two decades ago. The case was remanded with instructions to balance the public interests against the individual’s privacy interest.

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The EFF Challenges the DMCA Anti-Circumvention Provision: A First Amendment Fight

By Priyanka Nawathe – Edited by Kayla Haran

On July 21, 2016, the Electronic Frontier Foundation sued the United States government to overturn DMCA Section 1201, commonly referred to as the anti-circumvention provision. The EFF argues that this provision, designed to prevent circumvention of “technological protection measures,” actually chills research and free speech, and thus is a violation of the First Amendment.

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By Jaehwan Park – Edited by Kayla Haran

Bipartisan Lawmakers Introduce Bill Encouraging U.S. Government Agencies to Use the Cloud as a Secure Alternative to Legacy Systems

Snapchat Accused of Violating Illinois Biometric Information Privacy Act

The Office of the U.S. Trade Representative Announces New Policy Group to Promote Global Digital Trade

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Charges against Craigslist for their “Adult Services” section dismissed by Illinois District Court
By Ye (Helen) He – Edited by Eric Engle

Dart v. Craigslist, Inc., No. 09 C 1385 (N.D. Ill. Oct. 20, 2009)
Opinion

The United States District Court for the Northern District of Illinois held, on Craigslist’s motion for judgment on the pleadings, that Craigslist is not liable for the content posted by its viewers. The court cited Section 230(c) of the Communications Decency Act, concluding that Craigslist, as an Internet classified ads service provider, is immune to civil liability for third party content. The court found Craigslist analogous to an ISP or phone service provider and thus not liable for users’ content and conduct, as opposed to, as plaintiff contended, a newspaper or magazine which may be held liable for its ads.

Bloomberg.com and Eric Goldman’s Technology & Marketing Law Blog summarize the case.

(more…)

Posted On Oct - 24 - 2009 Comments Off READ FULL POST

Facebook, Inc. v. Power Ventures, Inc.
By Gary Pong – Edited by Eric Engle

Facebook, Inc. v. Power Ventures, Inc., Case No. 08-cv-05780-JF (N.D. Cal. Oct. 22, 2009)
Order (Hosted by SPAM NOTES)

The United States District Court for the Northern District of California has granted a motion by Facebook to dismiss counter-claims and strike affirmative defenses in its ongoing case against Power Ventures (Power.com). In his order, United States District Judge Jeremy Fogel wrote that Power.com’s answer and counter-claim relied on legal conclusions which were not directly supported by factual allegations. Judge Fogel went on to note that antitrust claims, like those made by Power.com, “require a ‘higher degree of particularity in the pleadings.’” The order gives Power.com 30 days to amend its pleading.

TechCrunch provides an overview of the issues involved in this case. The Financial Times and Eric Goldman’s Technology & Marketing Law Blog comment on the decision. (more…)

Posted On Oct - 24 - 2009 Comments Off READ FULL POST

Federal District Court Rules Ringtones Not Public Performance
By Debbie Rosenbaum – Edited by Eric Engle

In re: In the Matter of the Application of Cellco Partnership d/b/a Verizon Wireless, Case Nos. 09-cv-07074 & 41 Civ. 1395 (S.D.N.Y. Oct. 14, 2009)
Opinion (Hosted by EFF)

The Southern District of New York has ruled that cell phone ringtones do not constitute a public performance, and thus mobile phone carriers do not need to pay performance royalties under the Section 110(4) of the Copyright Act.  The court also dismissed the argument that cell phone carriers publicly perform when they reproduce and download a ringtone to a phone.

United States District Judge Denise Cote dismissed the music industry argument that a ringtone is like a concert hall when it begins ringing/playing in public, instead determining that playing music in public, when done without any commercial purpose, does not infringe copyright.   In so holding, the court ruled that cell phone users are not liable for royalty payments and that carriers are not secondarily liable.  Judge Cote reasoned that the exemption Section 110(4) applies because cell phones announce phone calls and are not sources of commercial public entertainment.

Ars Technica and Wired.com provide an overview of the case.  Both EFF and CDT applaud the decision as a major win for consumers and fair use. (more…)

Posted On Oct - 20 - 2009 Comments Off READ FULL POST

Personal entry on MySpace admitted into evidence in Indiana murder case

By Kassity Liu – Edited by Stephanie Weiner

Clark v. State, No. 43C01-0705-FA-127 (Ind. Oct. 15, 2009).
Opinion

On October 15, the Supreme Court of Indiana affirmed a murder conviction and sentence, rejecting the defendant’s claims on appeal, including an argument that the trial court improperly admitted as character evidence an entry he made online on his MySpace page.  The defendant claimed the admission was in violation of the Indiana Rules of Evidence.

Internet Cases and the WSJ Law Blog provide an overview of the case. Evidence Prof Blog criticizes the court’s reasoning on the MySpace entry issue, noting that the evidence was likely admitted in violation of Indiana Rule of Evidence 404(a), not considered by the court. (more…)

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

Delaware District Court Distinguishes Posting and Publication for Purposes of the Copyright Act.

By Ian C. Wildgoose Brown – Edited by Stephanie Weiner

Moberg v. 33T LLC, Civil No. 08-625(NLH)(JS) (D. Del. Oct. 6, 2009).
Opinion

On October 6, the United States Court for the District of Delaware ruled in a case of first impression that a photograph posted to the Internet from a foreign server is not a “United States work” within the meaning of section 411 of the Copyright Act, and thus need not be registered in the U.S. in order to bring suit for infringement. 17 U.S.C § 411(a). Håkan Moberg, a Sweden-based photographer, brought a copyright infringement action against 33T, LLC, a Delaware corporation, and Cedric and Erwan Leygues, France-based website operators, for unauthorized use of photographs he had displayed on a German website in 2004.  The court denied the defendants’ motion to dismiss, allowing the photographer to go forward with his suit without having to first register his copyright in the United States.

Loeb & Loeb LLP provides an overview of the case. Ex©lusive Rights suggests that the outcome was largely inconsequential. But CyberLaw Currents sees the case as significant for international copyright law. (more…)

Posted On Oct - 18 - 2009 Comments Off READ FULL POST
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