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

Creating full-text searchable database of copyrighted works is “fair use”
By Yixuan Long- Edited by Sarah O’Loughlin

In a unanimous opinion delivered by Judge Parker, the Second Circuit held that under the fair use doctrine universities and research libraries are allowed to create full‐text searchable databases of copyrighted works and provide such works in formats accessible to those with disabilities. The court also decided that the evidence was insufficient to decide whether the plaintiffs had standing to bring a claim regarding storage of digital copies for preservation purposes.

Read More...

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

European Union Court of Justice Holds that Individuals Browsing Websites are not in Violation of Copyright Law
By Kellen Wittkop – Edited by Yixuan Long

The Court of Justice of the European Union (CJEU) agreed with the decision of the Supreme Court of the United Kingdom that webpage viewers do not need license to view copyrighted materials online. With this holding, the CJEU issued a crucial decision for European Union law, balancing the rights of copyright holders and the rights of individuals to browse authorized content without being liable for infringement.

Read More...

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

Georgia Supreme Court Takes Chan v. Ellis Appeal to Redefine First Amendment Right on the Internet
By Yixuan Long – Edited by Emma Winer

The Georgia Court of Appeals ordered the appeal in Ellis v. Chan be transferred to the Georgia Supreme Court. Chan, an interactive website owner, appealed the trial court’s permanent protective order, which commanded him to take down more than 2000 posts on his website, and forbade him from coming within 1000 yards of Ellis. The Court of Appeals decided that the case raised significant and novel constitutional issues regarding the First Amendment right and the internet.

Read More...

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

Federal Circuit Flash Digest: News in Brief

By Kellen Wittkop

Appeal of a contempt order for violation of patent injunction agreement dismissed for lack of jurisdiction

Federal Circuit affirms summary judgment of Apple’s noninfringement on GBT’s CDMA patents

Read More...

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

ITC’s review of an ALJ’s order was not procedurally sound
By Mengyi Wang – Edited by Sarah O’Loughlin

The United States Court of Appeals for the Federal Circuit unanimously vacated and remanded a decision of the International Trade Commission (“ITC”), finding that the ITC exceeded its authority in reviewing an administrative law judge’s (“ALJ”) order denying a motion for termination. In so holding, the Court rejected the ITC’s attempt to characterize the ALJ’s decision as an initial determination, which would be subject to review.

Read More...

The Charles Machine Works, Inc. v. Vermeer Manufacturing Co.
By Mengyi Wang – Edited by Kathleen McGuinness

The Charles Machine Works, Inc. v. Vermeer Manufacturing Co., No. 12-1578 (Fed. Cir. July 26, 2013)
Slip Opinion

20130807 Charles Machine Works v. VermeerOn July 26, the U.S. Court of Appeals for the Federal Circuit vacated-in-part, affirmed-in-part, and reversed-in-part a lower court’s summary judgment of noninfringement, literally or under the doctrine of equivalents, as to Vermeer Manufacturing Company’s (“Vermeer”) commercial products and non-commercial prototypes.

In a unanimous opinion, the Federal Circuit held that The Charles Machine Works (“CMW”) lacked notice that the non-commercial prototypes were within the scope of summary judgment and therefore vacated the relevant part of the lower court’s decision. For the commercial products, the court affirmed the finding of no literal infringement but reversed the grant of summary judgment regarding non-infringement under the doctrine of equivalents. It reasoned that the lower court had improperly discounted CMW’s expert testimony that established genuine factual disputes about equivalence.

Patently-O summarizes the history of the litigation and briefly explains the court’s ruling. Finnegan and McKenna Long & Aldridge feature analyses of prior Federal Circuit jurisprudence regarding the doctrine of claim vitiation. (more…)

Posted On Aug - 8 - 2013 Comments Off READ FULL POST

Fox Broadcasting Co. v. Dish Network
By Simon Heimowitz – Edited by Samantha Rothberg

Fox Broadcasting Co. v. Dish Network, No. 12-57048 (9th Cir. July 24, 2013)
Slip Opinion, hosted by eff.org

The United States Court of Appeals for the Ninth Circuit affirmed a district court decision to deny Fox Broadcasting Company’s (“Fox”) request for a preliminary injunction against Dish Network’s (“Dish”) “AutoHop,” a product associated with Dish’s “Hopper.” The Hopper allows subscribers to automatically record Fox’s primetime television shows and then view them with the commercials fast-forwarded, without manual user involvement.

The Ninth Circuit held that the district court did not abuse its discretion in deciding that Fox “did not demonstrate a likelihood of success on its copyright infringement and breach of contract claims regarding Dish’s implementation of [two television recording products].” Fox Broadcasting Co. v.  Dish Network, No. 12-57048, slip op. at 10 (9th Cir. July 24, 2013). The court determined that Dish Network was not responsible for directly infringing Fox’s copyright because the consumer initiates the copying process, not Dish Network. Id. at 12. The court also ruled that Dish would not be held liable for secondary infringement because although Fox carried its burden of proving direct infringement by consumers, Dish successfully raised an “affirmative defense that its customers’ copying was a ‘fair use.’” Id. at 13 (citation omitted). The court affirmed that Fox was unlikely to succeed on its breach of contract claims against Dish, noting that the commercial-skipping function of the Hopper product “does not implicate Fox’s copyright interest because Fox owns the copyrights to the television programs, not to the ads aired in the commercial breaks.” Id. at 14–15. The Ninth Circuit considered a number of related precedents in determining that the Hopper’s noncommercial time-shifting function was non-infringing fair use. See id. at 13–15.

The New York Times and Reuters provide an overview of the case. Ars Technica features an analysis of the decision and provides detailed context regarding the rancorous history between Dish and major TV networks over the Hopper. (more…)

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

American Civil Liberties Union et al. v. Clapper et al.
By Michelle Sohn – Edited by Katie Mullen

American Civil Liberties Union et al. v. Clapper et al., No. 1:13-cv-03994 (S.D.N.Y. filed June 11, 2013)
Scheduling Order

At a hearing last Thursday,  Judge William Pauley of the U.S. District Court for the Southern District of New York denied the government ‘s request to delay a hearing date for American Civil Liberties Union et al. v. Clapper et al., reports ArsTechnica.  The denial is the latest in the American Civil Liberties Union’s (“ACLU’s”) challenge to the Obama administration’s metadata collection practices, specifically collecting Verizon’s customer records.

The Guardian provides a synopsis of the case, describing the judge’s dismissal of the government’s request as the administration being “rebuffed.” JOLT Digest has previously reported on the U.S. government’s programs that collect massive amounts of data from Verizon and Internet companies such as Google and Facebook. The Foreign Intelligence Surveillance Court (“FISC”) order, which Edward Snowden leaked to the Guardian, authorizing the metadata collection is hosted by the Guardian. (more…)

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

By Mengyi Wang

Icon-news

SEC Charges Texas Man with Running a Bitcoin Ponzi Scheme

Last Tuesday, the Securities and Exchange Commission (“SEC”) announced charges against Trendon Shavers and his company, Bitcoin Savings and Trust (“BTCST”), for operating a Bitcoin-denominated Ponzi scheme. The SEC alleges that, from 2011 to September 2012, Shavers raised more than 700,000 BTC (then worth more than $4.5 million) in principal investments from BTCST investors, falsely promised them a seven percent weekly interest, and misappropriated investor funds. On the same day, the SEC also issued an investor alert warning investors of Ponzi schemes in general and those involving virtual currencies in particular. CNN and the Guardian provide commentary on the case.

Rep. Amash’s Amendment to End NSA’s Blanket Collection of Americans’ Telephone Records Fails in the House

Last Wednesday, the House of Representatives narrowly defeated the Amash amendment by a 205-217 vote, Techcrunch reports. According to Congressman Amash’s Fact Sheet, The amendment aimed to “limit[] the government’s collection of records under Section 215 of the Patriot Act to those records that pertain to a person who is subject to an investigation under that provision.” Recent revelations showing the extent of the NSA’s collection of personal electronic information (previously covered by the Digest) motivated in part Congressman Amash’s proposal. The New American and The Week discuss the political implications of the vote, and the Guardian provides legal background and analysis.

Federal Circuit Affirms Insufficiency of Written Description in Novozymes’ Patent

In Novozymes A/S v. DuPont Nutrition Biosciences APS, No. 12-1433 (Fed. Cir. July 22, 2013), the Federal Circuit affirmed the trial court’s entry of judgment as a matter of law, holding that Novozymes’ U.S. Patent No. 7,713,723 (“the ‘723 patent”) claiming a genetically-modified amlyase enzyme did not meet the written description requirement of 35 U.S.C. § 112. The majority concluded that no reasonable jury could find that Novozymes’ patent application provided adequate written description to support the later-filed claims of the ‘723 patent because the disclosure did not demonstrate possession of the claimed thermostable enzymes. Id. at 26–28. Chief Judge Rader dissented, arguing that the written description inquiry was a factual question and that the jury verdict was supported by substantial evidence. Id. at 30–32. PharmaPatents and Patent Docs provide commentary on the case.

Posted On Jul - 31 - 2013 Comments Off READ FULL POST

State v. Earls
By Casey Clausen – Edited by Mary Grinman

State v. Earls, A-53-11 (N.J. July 18th 2013)
Slip Opinion

Photo By: LinuxbearCC BY 2.0

On July 18, the New Jersey Supreme Court reversed an Appellate Division judgment, which had held that there was no reasonable expectation of privacy in the location information transmitted by a cell phone, which can be used by police as a tracking device.

In a  unanimous opinion, the Supreme Court held that the New Jersey Constitution protects an individual’s privacy interest in the location of his or her cell phone, and that police must accordingly obtain a search warrant before accessing that information. The Supreme Court remanded the case to the Appellate Division to determine whether an exception to the warrant requirement might apply on the facts of the case.

The New York Times and Mashable describe the holding and provide context on the state of the law concerning police use of cell phone location data for surveillance purposes. Talking Points Memo discusses the practical impact of the holding, noting that the decision will only affect the present case and future cases. (more…)

Posted On Jul - 30 - 2013 3 Comments READ FULL POST
  • RSS
  • Facebook
  • Twitter
  • GooglePlay
books

Creating full-text s

Creating full-text searchable database of copyrighted works is “fair use” By ...

Hacked By Over-X

European Union Court

European Union Court of Justice Holds that Individuals Browsing Websites ...

Photo By: André Natta - CC BY 2.0

Georgia Supreme Cour

Georgia Supreme Court Takes Chan v. Ellis Appeal to Redefine ...

Icon-news

Federal Circuit Flas

By Kellen Wittkop Appeal of a contempt order for violation of ...

invisalign-braces

ITC’s review of an

ITC’s review of an ALJ’s order was not procedurally sound By ...