A student-run resource for reliable reports on the latest law and technology news

Federal Circuit Court Provides Clarity on Patent Preemption Post-Alice

By Seán Finan – Edited by Grace Truong

The decision of the Federal Circuit Court clarified the SS101 exceptions to patentability relating to preemption and abstract ideas. The decision has important implications for the application of the Alice test and for software patents.



By Alex Noonan – Edited by Filippo Raso

California Supreme Court to Determine if Courts Can Require Non-Party Content Hosts to Remove Defamatory Reviews


Half of American Adults are in Law Enforcement Facial Recognition Databases


Californian Residents Whose Data Were Exposed in Yahoo Data Breach to Bring Class Action Suit in California State Court




By June Nam – Edited by Ding Ding

The heirs of William Abbott and Lou Costello filed suit against the creators of a Broadway play, Hand to God for using—verbatim—a portion of the iconic comedy routine, Who’s on First?. The Second Circuit affirmed the judgment but rejected the reasoning of the district court, which dismissed allegations of copyright infringement. The Circuit Judge, Reena Raggi, held that the use of the routine in the play was not a fair use under the Copyright Act of 1976. However, the heirs did not have a valid copyright to allege any copyright infringement.



Flash Digest: News in Brief

By Wendy Chu – Edited by Kayla Haran

Delaware Supreme Court Dismisses a Case For Lack of Online Personal Jurisdiction

California District Court Dismisses Trademark Dilution Claim Because of Limited Recognition

eLaw Launches an On-Demand Lawyer Service for Court Appearances




Federal Circuit Flash Digest

By Haydn Forrest – Edited by Henry Thomas

Affinity Labs of Texas, LLC, v. Amazon.com, Inc. (Fed. Cir. Sep. 23, 2016)

Affinity Labs of Texas, LLC, v. DirecTV, LLC (Fed. Cir. Sep. 23, 2016)

Intellectual Ventures v. Symantec Corp. (Fed. Cir. Sep. 30, 2016)

Apple v. Samsung (Fed. Cir. Oct. 7, 2016)



By Jenny Choi – Edited by Katherine Kwong

Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2015

Link to the Full Text of the Bill

On March 26th, 2015, the Australian Senate passed the Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2015. This legislation requires Internet service providers (“ISPs”) and telecommunication providers to encrypt and retain user metadata for two years. On October 30th, 2014, the bill was introduced to the House of Representatives, while it was first introduced to the Senate on March 24th, 2015. According to Yahoo News, Attorney-General George Brandis and Communications Minister Malcolm Turnbull jointly stated that the purpose of the Bill is to ensure national security and provide law enforcement agencies adequate access to the information they need.

A summary of the history surrounding the bill is available here. The Wall Street Journal, ArsTechnica, CNET, and Mashable all describe controversies about the bill. 


Posted On Apr - 6 - 2015 Comments Off READ FULL POST

By Henry Thomas – Edited by Anton Ziajka

Chan v. Ellis, No. S14A1652, 2015 WL 1393410 (Ga. Mar. 27, 2015).

Opinion hosted by Justia.

The Georgia Supreme Court, in Chan v. Ellis, clarified the meaning of the word “contact” as it applies to Georgia’s stalking law, OCGA § 16-5-90 et seq., holding that the defendant’s publication of messages about the plaintiff on an online message board did not amount to prohibited contact under the statute. Chan, 2015 WL 1393410, at *1. According to the court’s opinion, the defendant, Matthew Chan, runs a website on which he and others criticize “copyright enforcement practices that they consider predatory.” Id. Chan and fellow commentators published on the website’s message board numerous posts about the plaintiff, a poet named Linda Ellis, criticizing Ellis’s aggressive pursuit of infringers of her poetry’s copyright. Id. The court described some of these posts as “mean-spirited, . . . distasteful and crude,” and some of the commentators threatened to publish personal information about Ellis and her family. Id. Ellis discovered the inflammatory comments, and filed a restraining order against Chan under the Georgia stalking law. Id.

JOLT Digest, in a prior post, details the procedural background of the case. The Technology & Marketing Law Blog and the Washington Post provide additional reporting and commentary on the case.


Posted On Apr - 6 - 2015 Comments Off READ FULL POST

By Jenny Choi – Edited by Jens Frankenreiter

infringementJohnson v. Ryan, No. 31837-1-III (Wash. Ct. App. Mar. 9, 2015)


The Washington State Court of Appeals rendered a decision in a case involving the interpretation of Washington’s anti-SLAPP statute in the context of a lawsuit for defamation and tortious interference with business expectancy brought by the director of a performing arts theatre against a blogging ex-employee. The Court of Appeals reversed a trial court judgment which had dismissed the lawsuit under the anti-SLAPP statute.

The Washington State Court of Appeals held that the ex employee James Ryan’s blogging against Yvonne Johnson, the director of the theatre, was not for public concern and that Ryan was not entitled to assert the anti-SLAPP statute to dismiss Johnson’s claim. In so holding, the court narrowly interpreted the “public concern” requirement, and distinguished the Washington anti-SLAPP statute from California anti-SLAPP statute, which uses the phrase “public interest” rather than “public concern.” The anti-SLAPP statute allows a defendant to dismiss a plaintiff’s defamation claim and requires a plaintiff to pay $10,000 for damage if the defendant’s statement is “in connection with an issue of public concern.” RCW 4.24.525(d).  (more…)

Posted On Apr - 1 - 2015 Comments Off READ FULL POST

By Sheri Pan – Edited by Anton Ziajka

1271084_10152203108461729_809245696_oCase C-362/14, Maximillian Schrems v. Data Prot. Comm’r (E.C.J. argued Mar. 24, 2015).

Written Observations of Applicant hosted by Europe Versus Facebook.

In Luxembourg on Tuesday, March 24, 2015, the Court of Justice of the European Union (“ECJ”) heard oral arguments in a case challenging the legality of cross-Atlantic transfers of European data to U.S. companies like Facebook. The complaint, brought by Austrian privacy activist Maximillian Schrems, alleges that the U.S.-EU Safe Harbor agreement does not comply with EU Directive 95/46 (“the Directive”), which requires EU member states to ensure that data is being transferred to a country that provides an “adequate level of protection” for the data. Written Observations of Applicant at 8–9, Schrems (Nov. 10, 2014).

A copy of Schrems’ written submission to the ECJ is available here. The Register, the Wall Street Journal (subscription required), Ars Technica, and the Guardian provide reporting and commentary. (more…)

Posted On Apr - 1 - 2015 Comments Off READ FULL POST

By Anne Woodworth

UK Court Allows Safari Users to Sue Google over Privacy Settings

Google lost a bid in the UK Court of Appeals to stop Safari users from suing the company over bypassed privacy settings. The plaintiffs allege that Google used a workaround to get past privacy settings in the Safari browser, allowing them to gather search and personal information without user knowledge. Google argued that the plaintiffs suffered no financial harm but the court decided that the misuse of private information could be classified as a tort and that the claims merit a trial. 

FTC Responds to Allegations that it Ignored Staff Recommendations to Sue Google

The accidental release of an internal FTC staff memo recommending a lawsuit against Google has prompted recent criticism of the agency commissioners’ decision not to sue, including allegations that meetings between Google and government officials improperly influenced the agency choice not to act. The leaked memo was part of a 19-month investigation and many commenters have emphasized that it is only a small piece of the overall picture. The FTC responded to the criticism in a blog post, calling press allegations misleading, and stating that the Commission’s decision was in accord with FTC Bureau recommendations.


Posted On Mar - 31 - 2015 1 Comment READ FULL POST
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