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.pngBy: Chris Crawford and Joshua Vittor This article assumes a base level of knowledge about Bitcoin, bitcoin (BTC), blockchain technology, the Silk Road seizure, and the collapse of MtGox. For a helpful summary of how this technology works, see the first portion of this article, written by Matthew Ly of the Journal of Law and Technology. Bitcoin, and crypto-currency more generally, has risen in the five years since its launch from an academic exercise to what is today a multi-billion dollar ... Read More...
http://jolt.law.harvard.edu/digest/wp-content/uploads/2012/12/joltimg.pngWritten by: Michelle Sohn Edited by: Olga Slobodyanyuk Emulsion: A mixture of two or more liquids that are normally immiscible (nonmixable or unblendable). -Wikipedia  I.               UberX D.C. as Case Study in the Local Sharing Economy If states are laboratories of democracy, then cities are the experiments. A new experiment has bubbled up in cities across the world, reaching a boiling point. The experiment? The local sharing economy. In May, amidst accusations that many of its users were violating New York’s ... Read More...
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Flash Digest: News in Brief

By Olga Slobodyanyuk

ICANN responds to terrorism victims by claiming domain names are not property

D.C. District Court rules that FOIA requests apply to officials’ personal email accounts

Class-action lawsuit brought against ExamSoft  in Illinois

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Federal Circuit Applies Alice to Deny Subject Matter Eligibility of Digital Imaging Patent

By Amanda Liverzani – Edited by Mengyi Wang

In Digitech Image Technologies, the Federal Circuit embraced the opportunity to apply the Supreme Court’s recent decision in Alice to resolve a question of subject matter eligibility under 35 U.S.C. §101. The Federal Circuit affirmed summary judgment on appeal, invalidating Digitech’s patent claims because they were directed to intangible information and abstract ideas.

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Unlocking Cell Phones Made Legal through Unlocking Consumer Choice and Wireless Competition Act

By Kellen Wittkop – Edited by Insue Kim

Unlocking Consumer Choice and Wireless Competition Act allows consumers to unlock their cell phones when changing service providers, but the underlying issue of “circumvention” may have broader implications for other consumer devices and industries that increasingly rely on software.

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By Aditya Gupta – Edited by Kathleen McGuinness

Professors’ Letter In Support of Patent Reform Legislation (Nov. 25, 2013), letter hosted by PatentlyO.com
Statement from the Higher Education Community on H.R. 3309, The Innovation Act (Nov. 8, 2013), statement hosted by
Statement from the Higher Education Community on Amendment in the Nature of a Substitute to H.R. 3309 (Nov. 19, 2013), statement hosted by aamc.org

Photo By: Kate Ter HaarCC BY 2.0

The Innovation Act, a legislation that received bipartisan support in the House Judiciary Committee and more recently the House of Representatives, has also received support from a group of sixty professors teaching intellectual property law at universities across the United States. The professors have addressed a letter to Congress expressing strong support for the patent reform legislation, citing the “abusive practices” adopted by patent trolls and the negative impact of such practices on small companies and large manufacturers. In contrast, a group of six major education organizations have issued two statements, dated November 8 and 19, 2013 raising concerns over the draft of the Innovation Act and claiming that, in its current form, the provisions of the Act raise a “specter of unintended problems.”

PatentlyO reports the letter by the law professors stating that the professors’ case has merit but contains certain broad – brush statements and is overtly in favor of large corporate entities. Timothy Lee of The Washington Post is surprised by the stance taken by the university organizations, though he suggests that the unintended effects of the legislation may be beneficial, since they could rein in aggressive patent licensing efforts by universities. (more…)

Posted On Dec - 18 - 2013 Comments Off READ FULL POST

Automattic Inc. & Hotham v. Steiner
Automattic Inc. & Retraction Watch, LLC v. Chatwal
By Travis West – Edited by Natalie Kim

Complaint, Automattic Inc. & Oliver Hotham v. Nick Steiner (N.D. Cal. filed Nov. 21, 2013)
Complaint, Automattic Inc. & Retraction Watch, LLC v. Narendra Chatwal (N.D. Cal. filed Nov. 21, 2013)
Hotham Complaint, Retraction Watch Complaint hosted by Automattic

Hacked By Over-XAutomattic, the owner of WordPress.com and a major developer of the WordPress software, has sued two parties for using the notice-and-takedown provision of the Digital Millennium Copyright Act (“DMCA”) to stifle criticism. Automattic alleges that the two parties abused the provision and are seeking damages under 17 U.S.C. § 512(f) for misrepresentation. Automattic is one of the largest blog hosting companies, and its decision to go after parties that use fraudulent copyright takedown notices could mark a shift in how content hosts handle DMCA takedown requests.

Automattic explains why it chose to sue over these two incidents. Ars Technica provides additional coverage of the lawsuit, including some problems Automattic would face in collecting from the defendants if it succeeded. Cory Doctorow on BoingBoing, the Electronic Frontier Foundation (“EFF”), and TechCrunch praise Automattic for taking a stand against the use of the DMCA to censor critics. (more…)

Posted On Dec - 6 - 2013 Comments Off READ FULL POST

GoldieBlox, Inc. v. Island Def Jam Music Group
By Elise Young – Edited by Alex Shank

Complaint for Declaratory Judgment and Injunctive Relief, GoldieBlox, Inc. v. Island Def Jam Music Group, A Div. of UMG Recordings, Inc., No. 3:13-cv-05428 (N.D. Cal. Nov. 21, 2013)
Complaint hosted by Scribd

Photo By: ricaroseCC BY 2.0

Over the last few weeks, hip-hop group the Beastie Boys and GoldieBlox, a start-up company in the business of developing engineering toys for girls, started down the path towards copyright litigation over use of the Beastie Boys’ song “Girls” in a GoldieBlox advertisement. On November 21, after the Beastie Boys’ legal counsel threatened suit, GoldieBlox filed for declaratory judgment that its use of the song was fair use. Complaint, at 2–3. The Beastie Boys responded with an open letter emphasizing the group’s consistent refusal to allow use of their songs in advertising. On November 27, GoldieBlox removed the advertisement and promised to drop the suit if the Beastie Boys’ legal team similarly backed down. GigaOM provides an overview of the fight and some legal analysis on the fair use issue. Forbes examines GoldieBlox’s change in strategy. Mashable discusses how the disagreement benefits GoldieBlox’s PR. (more…)

Posted On Dec - 5 - 2013 Comments Off READ FULL POST

By Elise Young – Edited by Kathleen McGuinness

European Proposal on Protection of Trade Secrets

European Commission, Proposal for a Directive of the European Parliament and of the Council on the Protection of Undisclosed Know-How and Business Information (Trade Secrets) Against their Unlawful Acquisition, Use and Disclosure  (Nov. 28, 2013)
Proposed Directive

Photo By: Thomas QuineCC BY 2.0

On November 28th, the European Commission issued a proposed directive for greater and more uniform protection of trade secrets throughout the European Union. The goal of the proposal is to increase innovation by providing better protection for EU businesses’ trade secrets. Proposed Directive at 2. The Commission identified the currently irregular protection and enforcement of trade secrets within the EU as a significant factor inhibiting cross-border research and development and general innovation. Id. at 3. The proposal is one part of the EU’s “Innovation Union” and IP strategies, adopted in May 2011. Id.

The proposal and other documents related to the directive can be found here. The Commission additionally released a memorandum summarizing trade secret law, the directive, and the reason for its proposal. The New York Times and Bloomberg provide further commentary on the proposed directive. (more…)

Posted On Dec - 4 - 2013 Comments Off READ FULL POST

By Christopher A. Crawford – Edited by Abhilasha Nautiyal

AT&T shareholder proposal, hosted by Osc.state.ny.us
Verizon shareholder proposal, hosted by Aclunc.org
American Civil Liberties Union of Northern California Announcement

Photo By: Razor512CC BY 2.0

Last month, the American Civil Liberties Union of Northern California (“ACLU”), in collaboration with other shareholders, filed shareholder proposals with Verizon and AT&T to persuade the telecommunications companies to issue transparency reports disclosing data about customer information that was passed on to the National Security Agency. This new tactic in the privacy fight is designed to highlight what activists say are serious costs associated with the telecom companies’ lack of transparency.

The Wall Street Journal and Ars Technica, among others, have reported the filing of these shareholder proposals. (more…)

Posted On Dec - 3 - 2013 Comments Off READ FULL POST
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The Silk Road and Mt

By: Chris Crawford and Joshua Vittor This article assumes a base ...

Photo By: Tristan Ferne - CC BY 2.0

Emulsification: Uber

Written by: Michelle Sohn Edited by: Olga Slobodyanyuk Emulsion: A mixture of ...

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Flash Digest: News i

By Olga Slobodyanyuk ICANN responds to terrorism victims by claiming domain ...

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Federal Circuit Appl

By Amanda Liverzani – Edited by Mengyi Wang Digitech Image Technologies, ...

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Unlocking Cell Phone

By Kellen Wittkop – Edited by Insue Kim On July 25, ...