A student-run resource for reliable reports on the latest law and technology news
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In Response to Ruling by European Court of Justice, Netherlands Bans Unauthorized Downloading of Copyrighted Material
By Andrew Spore – Edited by Travis West

ACI Adam BV v. Stichting de Thuiskopie

In response to an order issued by the European Court of Justice (“ECJ”), the Netherlands has banned the unauthorized downloading of copyrighted material. The Dutch government previously had allowed such downloading for personal use. The ECJ held that, because the law “makes no distinction between private copies made from lawful sources and those made from counterfeited or pirated sources,” it could not be tolerated.

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Flash Digest: News In Brief
By Olga Slobodyanyuk

Amici urge the Ninth Circuit to reconsider its ruling in the “Innocence of Muslims” case

Record companies sue Pandora for royalties on songs made before 1972

Alleged Heartbleed hacker arrested

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Specific Facts Supporting Indirect Infringement Required for Software Supplier to Obtain Declaratory Judgment Against Patentee Suing End Users
By Geng Chen – Edited by Ashish Bakshi

Microsoft Corp. v. DataTern, Inc., No. 13-1184 (Fed. Cir. Apr. 4, 2014)

The Federal Circuit held that Microsoft and SAP had standing to bring invalidity and noninfringement declaratory judgment actions against DataTern, based on DataTern’s previous lawsuits against those companies’ software customers for direct patent infringement, but only to the extent that those direct infringement claims also established a controversy on issues of contributory and induced infringement.

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DOJ Indicts Nine for Zeus Malware Theft From Online Bank Accounts
By Emma Winer – Edited by Sheri Pan

United States v. Penchukov

Last week, the Department of Justice released a previously sealed indictment against alleged conspirators in an international scheme that stole millions of dollars from online bank accounts. The conspirators allegedly infected thousands of computers with “Zeus” malware, which captured passwords, bank account numbers, and other online banking information. Two of the defendants were arraigned in Nebraska after being extradited from the United Kingdom.

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European Court of Justice Invalidates Data Retention Directive
By Paul Klein – Edited by Alex Shank

In a preliminary ruling requested by courts in Ireland and Austria, the European Court of Justice found that Directive 2006/24/EC was invalid. The Grand Chamber recognized the legitimacy of retaining telecommunications data as a means to combat serious crime and terrorism, but it ultimately held that the far-reaching scope of the Directive disproportionately affected individual privacy under the Charter of Fundamental Rights of the European Union.

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Capitol Records, LLC v. ReDigi Inc.
By Charlie Stiernberg – Edited by Andrew Crocker

Capitol Records, LLC v. ReDigi Inc., No. 12 Civ. 95 (RJS) (S.D.N.Y. Mar. 30, 2013)
Slip Opinion

Internet startup ReDigi—“the world’s first and only online marketplace for digital used music”—recently suffered a setback in the rollout of its digital music resale platform. Capitol Records, LLC v. ReDigi Inc., No. 12 Civ. 95 (RJS), slip op. at 1 (S.D.N.Y. Mar. 30, 2013). Judge Sullivan for the District Court for the Southern District of New York granted plaintiff Capitol Records’ motion for partial summary judgment on its claims for defendant ReDigi’s direct, contributory, and vicarious infringement of its exclusive distribution and reproduction rights under the 1976 Copyright Act. The court held, in a case of first impression, that the first sale doctrine,17 U.S.C. § 109(a), does not permit the resale of a digital music file, and that uploading to and downloading from the cloud “incident to a sale” falls outside the scope of the fair use defense, 17 U.S.C. § 107.

The New York Times provides a summary of the case and places it in the context of a broader debate over digital secondary markets, including books and movies. The Electronic Frontier Foundation expresses frustration over the court’s decision not to “bring the first sale doctrine into the 21st century.” Billboard notes that unlike iTunes sales, record labels do not get any proceeds from ReDigi sales of “perfect digital copies of ‘pre-owned’ music.” (more…)

Posted On Apr - 19 - 2013 Comments Off READ FULL POST

Timelines, Inc. v. Facebook, Inc.
By Ashish Bakshi – Edited by Dorothy Du

Timelines, Inc. v. Facebook, Inc., No. 11-cv-6867 (N.D. Ill. Apr. 1, 2013)
Memorandum Opinion and Order (hosted by Justia.com)

Photo By: Robert ScobleCC BY 2.0

Facebook, Inc. (“Facebook”) lost its bid for a quick end to a trademark infringement suit filed by Timelines, Inc. (“Timelines”) over the social networking giant’s use of the term “timeline.” The U.S. District Court for the Northern District of Illinois denied Facebook’s motion for summary judgment on each of Timelines’ claims and its own counterclaims. The court held that Facebook failed to show as a matter of law that Timelines’ trademark for “timeline” was generic or merely descriptive or , if the trademark were valid, that Facebook’s use of the term constituted fair use. A jury trial will commence on April 22.

PCWorld and Bloomberg provide overviews of the case. (more…)

Posted On Apr - 16 - 2013 Comments Off READ FULL POST

By Jessica Vosgerchian

Flash DigestPhishing Attack Used to Steal Bitcoins

Ars Technica reported April 11 that at least one Bitcoin trader was robbed of Bitcoins by a phishing attack in a Bitcoin-trading forum hosted by Bitcoin exchange MT.Gox. The attacker posted an announcement that MT.Gox would start handling exchanges of another online currency, Litecoins, and included a link to a supposed live chat on the topic. People who clicked through were prompted to download a forged Adobe updater that contained a remote administration tool and keylogger, allowing the attacker to collect victims’ MT.Gox credentials and access their Bitcoin accounts.

Court Documents Reveal FBI Cellphone Surveillance Tool and Verizon’s Involvement

The FBI prompted Verizon to reprogram a tax fraud suspect’s air card so that the FBI could track him, according to documents released in the case against Daniel David Rigmaiden, who is accused of leading a $4 million tax fraud operation. Wired reported April 9 that Rigmaiden accused Verizon of remotely reconfiguring his air card so the FBI could silently call it and receive pings of his location to a fake cell site, or stingray, that it was using. Air cards, which are plugged into computers to connect them to wireless internet provided by cellular providers, cannot normally receive calls. Rigmaiden also asserts that Verizon altered the air card so that it would accept the FBI’s stingray and prioritize it over other cell sites. In the past, the government has argued that it does not need probable cause warrants to use stingrays because they don’t collect phone or text communications.

Google Introduced New Tool for Managing Digital Afterlife

Google announced on April 12 a new tool that will allow users to specify what they want to happen to the contents of their Google accounts after they die. Users can either order their accounts deleted or grant access to a beneficiary. The tool will activate once accounts are inactive for a designated amount of time and the user fails to respond to a text and email. The New York Times Bits blog notes that Google introduced the “digital will” feature at a time when states have begun to pass laws on the fate of online accounts belonging to the dead.

Lithuania Monitors Suspected Tax Fraud with Google Maps Street View

Lithuanian tax authorities have started to use Google Maps Street View to investigate possible tax fraud, the AP reported April 11. The free Internet service only premiered in Lithuania earlier this year, but tax inspectors seized the opportunity to inexpensively tour the streets of major cities like Vilnius in search of signs of tax dodging. Through this method, the Lithuanian government identified one hundred homeowners and thirty companies that it suspects of cheating on taxes, based on suspicious activity like construction that has not been reported. After inspectors found signs of tax fraud through Google Maps, they would follow up with an actual visit to inspect the premises.

Posted On Apr - 15 - 2013 Comments Off READ FULL POST

G.C. v. Owensboro Public Schools
By Michelle Sohn– Edited by Sarah Jeong

G.C. v. Owensboro Public Schools, No. 11-6476, (6th Cir. Mar. 28, 2013)
Slip Opinion

In a 2-1 decision, the Sixth Circuit reversed the U.S. District Court for the Western District of Kentucky. The lower court had granted summary judgment for Owensboro, holding that the school’s search of a student’s cell phone did not violate the Fourth Amendment.

The Sixth Circuit held that the school’s search of G.C.’s cell phone was an unreasonable search and seizure. In so holding, the court stated that despite the school’s knowledge of G.C.’s prior behavioral problems, school officials had no specific reason at the time of the search to believe that he was engaging in an unlawful activity. Although using a cell phone in class contravened the school’s policy, “using a cell phone on school grounds [did] not automatically trigger an essentially unlimited right enabling a school official to search any content stored on the phone.” G.C.,slip op. at 13.

EducationWeek provides a thorough analysis of the Fourth Amendment issue. The New York Times editorial board lauded the decision, writing that the Sixth Circuit “correctly ruled” and “wisely interpreted” the scope of a reasonable search as applied to students. (more…)

Posted On Apr - 13 - 2013 Comments Off READ FULL POST

WNET, Thirteen v. Aereo, Inc.
By Natalie Kim – Edited by Samantha Rothberg

WNET, Thirteen v. Aereo, Inc. 12-2786-cv, 12-2807-cv (2d Cir. Apr. 1, 2013)
Slip opinion

Last Wednesday, the U.S. Court of Appeals for the Second Circuit affirmed the Southern District of New York’s July 2012 denial of a preliminary injunction motion filed against Aereo by several broadcast TV networks. Aereo is an Internet-based streaming service that allows users to watch broadcast TV shows live or record them for future viewing. A group of broadcast networks, including Fox and Univision, sued Aereo for allegedly violating their public performance rights under § 106(4) of the Copyright Act and demanded a preliminary injunction to prevent Aereo from continued operation. Aereo, slip op. at 5

In a 2–1 decision, the Second Circuit applied its own precedent, Cartoon Network LP, LLLP v. CSC Holdings, Inc., 536 F.3d 121 (2d Cir. 2008) (“Cablevision”), to find that Aereo did not infringe plaintiffs’ copyright and therefore no preliminary injunction was warranted. Aereo, slip op. at 32–35.

The New York Times summarizes the holding, giving a pessimistic outlook on the broadcasters’ prospects of rooting out Aereo and other like services. TVNewsCheck takes a spirited position against the district court’s July 2012 ruling, warning of the “havoc this travesty will wreak.” Aereo released a statement regarding the decision. (more…)

Posted On Apr - 10 - 2013 Comments Off READ FULL POST
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In Response to Rulin

By Andrew Spore – Edited by Travis West [caption id="attachment_4410" align="alignleft" ...

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Flash Digest: News I

By Olga Slobodyanyuk Amici urge the Ninth Circuit to reconsider its ...

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Specific Facts Suppo

By Geng Chen – Edited by Ashish Bakshi [caption id="attachment_4393" align="alignleft" ...

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DOJ Indicts Nine for

By Emma Winer – Edited by Sheri Pan [caption id="attachment_4373" align="alignleft" ...

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European Court of Ju

By Paul Klein – Edited by Alex Shank [caption id="attachment_4363" align="alignleft" ...