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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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SDNY Magistrate Grants Government Search Warrant for Full Access to Suspect’s Gmail Account in Criminal Investigation

By Kellen Wittkop – Edited by Travis West

In an opinion that conflicts with decisions from the DC District Court and the District of Kansas, a SDNY magistrate granted the government’s search warrant for full access to a criminal investigation suspect’s Gmail account.

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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.

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Organic Seed Growers and Trade Ass’n v. Monsanto Co.
By Kathleen McGuinness – Edited by Jennifer Wong

Photo By: the yes manCC BY 2.0

Organic Seed Growers and Trade Ass’n v. Monsanto Co., 2012-1298, (Fed. Cir. Jun. 10, 2013).
Slip Opinion

On June 10, the U.S. Court of Appeals for the Federal Circuit dismissed an action seeking a declaratory judgment of non-infringement and invalidity with respect to three biotechnology patents owned by Monsanto, affirming the lower court’s holding that there was no justiciable case or controversy and dismissing for lack of jurisdiction. The court held that Monsanto’s assurances that it would not take legal action in cases of inadvertent contamination by their proprietary transgenic seeds constituted a legally binding disclaimer of intent to sue. Since the plaintiffs had taken no steps to remove themselves from the protection of this disclaimer, any controversy was moot.

Reuters provides a summary of the case. Bloomberg discusses the factual background in more detail. Patently-O briefly explains the legal holding. (more…)

Posted On Jun - 20 - 2013 Comments Off READ FULL POST

Kelly-Brown v. Winfrey
By Alex Shank – Edited by Samantha Rothberg

Photo By: nayrb7CC BY 2.0

Kelly-Brown v. Winfrey, No. 12-1207 (2nd Cir. May 31, 2013)
Slip opinion

The U.S. Court of Appeals for the Second Circuit vacated the District Court for the Southern District of New York’s (S.D.N.Y.) dismissal of trademark infringement claims against Oprah Winfrey, rejecting her fair use defense. Kelly-Brown alleged that Winfrey had used her trademarked phrase “Own Your Power” “as a mark” on the cover of O, The Oprah Magazine, its website, and at a magazine event.

Bloomberg summarizes the case and provides comments from Harpo, Inc. and Hearst Corp., two of Winfrey’s media enterprises. Reuters reports that Kelly-Brown was “ecstatic” about the result. JDSupra praised the court’s recognition of Kelly-Brown’s trademark as a “concept,” while Rebecca Tushnet critiqued the Second Circuit’s further confusing the meaning of “descriptive use.” (more…)

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

By Samantha Rothberg

Icon-newsChinese National Sentenced to 12 Years in U.S. Prison for Selling Pirated Software

Chinese citizen Xiang Li was sentenced to 12 years in a U.S. federal prison for conspiracy to commit wire fraud and criminal copyright infringement, Bloomberg reports. Li operated a website, “Crack 99,” which sold more than $100 million worth of pirated software between 2008 and 2011. He was arrested in Saipan, a U.S. territory, after traveling there to sell software to undercover federal agents. According to prosecutors, Li is the first Chinese national to be “apprehended and prosecuted in the U.S. for cybercrimes he engaged in entirely from China.”

Songwriters’ Rights Group BMI Sues Pandora Over Fee Dispute

Broadcast Music Inc. (“BMI”), an organization that collects royalties on behalf of music publishers and songwriters when their works are played in public, filed suit in federal court against Pandora, the Internet radio service, the Wall Street Journal reports. Earlier this week, Pandora purchased a small radio station in South Dakota and argued that this move entitles it to pay BMI the reduced royalty fees that traditional radio broadcasters pay. BMI decried Pandora’s move as a “brazen effort to artificially drive down its license fees.” The organization sued for a judicial declaration of the rates that Pandora must pay when it plays an artist’s song.

Google Argues Wi-FI is “Radio Signal” in Street View Case

Google urged the Ninth Circuit to overrule a judge’s 2011 finding that its Street View program had violated the federal Wiretap Act, 18 U.S.C. §§ 2510–2522, by collecting private data over unencrypted wi-fi signals, Bloomberg reports. Google argues that transmissions over an open wi-fi signal are equivalent to public radio transmissions, and the interception of a radio transmission or any “form of electronic communication readily accessible to the general public” is not illegal under the Wiretap Act. Attorney Elizabeth Cabraser, who represents the consumers who won the initial ruling, argued that the Wiretap Act exception was intended to protect ham radios used for communicating over long distances, and not wi-fi networks, which are broadcast over very short distances. She urged the court to reject Google’s “attempt to create a loophole to serve its own purposes.”

New York Aims to Crack Down on 3D Gun Printing

A New York city councilman introduced legislation on Wednesday that would make it illegal for anyone other than a licensed gunsmith to manufacture guns using a 3D printer, reports CNET. The bill would require legal manufacturers to register the guns with police within 72 hours of creation. The New York State Legislature and U.S. Congress have both recently introduced similar legislation, and a California state senator has announced plans to do the same. The surge in legislation stems from the worry that untraceable, undetectable plastic guns could be anonymously printed by anyone with a 3D printer and the necessary software. Last month, that vision took a step closer to reality when the non-profit organization Defense Distributed announced that it had created the world’s first 3D-printed handgun, the “Liberator.”

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

Leaked Surveillance Programs Reveal Large-Scale Data Collection

By Michelle Sohn – Edited by Katie Mullen

Photo By: darkuncleCC BY 2.0

Last week, the Guardian revealed two top-secret U.S. programs—Verizon metadata collection and PRISM—that allow the National Security Agency (“NSA”) to conduct domestic surveillance on a massive and unprecedented scale. The first program was conducted with an order from the U.S. Foreign Intelligence Surveillance Court. The court order required Verizon to provide the NSA with all “telephony metadata” created by Verizon for communications within the U.S. as well as between the U.S. and abroad. The order specified a three month period, but could have been one of several similar orders. Metadata includes the phone numbers, location, and duration of Verizon users’ calls, but not the actual content of conversations. The order also prohibited Verizon from disclosing any information about this program or the order’s existence. The second program, PRISM, allows the government direct access to participating companies’ servers. A wide range of data can be culled from the servers, including email, video and voice chat, and file transfers. Major companies allegedly participating in Prism include Yahoo, Facebook, Skype, and Google. Spokespersons from these companies have denied participation. PRISM can target user communications outside the U.S. and communications involving people outside the U.S.

NPR summarized an interview on the two surveillance programs with former NSA director, General Michael Hayden, who largely praised the program as “an accurate reflection of balancing our security and our privacy.” The New Yorker criticized the court-ordered metadata collection program, declaring, “The problem, then, is not just secrecy, but meta-secrecy. The government let the public think that certain words mean one thing, while operating on the idea that they mean another.” Congress has initiated new oversight proceedings on the programs. (more…)

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

Hart v. Electronic Arts, Inc.
By Samantha Rothberg – Edited by Alex Shank

Hart v. Electronic Arts, Inc., No.  11–3750 (3d Cir. May 21, 2013)
Slip opinion

In a 2-1 opinion authored by Judge Joseph A. Greenaway, Jr., the court held that former college athlete Ryan Hart’s interest in protecting his identity outweighed EA’s First Amendment rights. Hart, slip op. at 61. In determining how to strike the proper balance between the right of publicity and the First Amendment, the court adopted the “transformative use” test, which has its roots in copyright law. Id. at 51.

Reuters provides an overview of the case and discusses the implications for a similar case pending in the Ninth Circuit. The Electronic Frontier Foundation criticizes the decision for failing to protect freedom of speech and for treating the right of publicity as a form of intellectual property rather than as a more limited right to control the commercial use of one’s identity. Marc Edelman of Forbes, however, celebrates the decision as “a big win for athletes and entertainers everywhere” that will make it easier for celebrities to protect against the unlicensed use of their image by video game developers. (more…)

Posted On Jun - 10 - 2013 Comments Off READ FULL POST
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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, ...

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SDNY Magistrate Gran

By Kellen Wittkop – Edited by Travis West In the Matter ...

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Creating full-text s

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