On July 14, 2016, Democratic House Representative Jackie Speier from California’s 14th Congressional District proposed the Intimate Privacy Protection Act (“IPPA”). This legislation is designed to criminalize the display of sexually explicit conduct or body parts of an individual where displayed with a “reckless disregard for [that] person’s lack of consent to the distribution.” The proposed maximum imprisonment time is five years. The bill also contains several exceptions including those for law enforcement, reporting unlawful activity, “bona fide public interest,” and telecommunication and internet services providers who do not promote or solicit such content. Commentary from Sarah Jeong indicates that a prior version of this bill imposed liability on search engines, website operators, and software developers if they did not respond to takedown requests within 48 hours, however, this was removed from the final version of the act. According to Ars Technica, the purpose of this legislation is to make revenge pornography a federal crime. As Speier stated, “The damage caused by these attacks can crush careers, tear apart families, and, in the worst cases, has led to suicide.” (more…)
By Emily Chan – Edited by Filippo Raso
Oracle America, Inc. v. Google, Inc., No. 10-03561, 2016 WL 3181206 (N.D. Cal. June 8, 2016). Motion hosted by Law360.
Following an unfavorable verdict from a second jury and the Court’s denial of the first motion for judgment as a matter of law (“JMOL”), Oracle America, Inc. (“Oracle”) filed a renewed motion for JMOL pursuant to FRCP Rule 50(b). Oracle’s second motion, filed July 6, 2016, claimed that “no reasonable jury” could find that Google’s “verbatim [and] entirely commercial” copying of Oracle’s code, in order to compete with Oracle, was fair use. The motion will be heard on August 18, 2016. (more…)
Pokémon Go Captures Full Google Account Permissions on iOS
The hugely successful location-based augmented-reality mobile game Pokémon Go was released in the U.S. on July 6 and has since surpassed Twitter in daily active users. On July 8, blogger Adam Reeve discovered that the iOS version of Pokémon Go had full access privileges to the Google accounts of users who signed in using those accounts. Android users appear not to have encountered the same phenomenon. After several major news outlets reported on the issue, Pokémon Go developer Niantic released a statement confirming the reports and promising a forthcoming update that will limit account permissions to basic contact information, such as a user’s name and email address. The statement also promised that in spite of the broad permissions granted in the present version of the game, “Google has verified that no other information has been received or accessed by Pokémon Go or Niantic.” (more…)
The Supreme Court, granting cert. for its 2016 term, is taking up the question from SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC of whether laches is available as a defense to patent infringement. The IPWatchdog blog provides a brief primer on laches, as relevant to patent law.
This case arose from an appeal of the en banc decision of the federal court in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, No. 13-1564 (Fed. Cir. Sept. 18, 2015). In that opinion, a divided court held 6 to 5 that laches remains a potential defense in a patent suit to legal remedy, notwithstanding the recent supreme court decision of Petrella v. Metro-Goldwyn-Mayer, Inc., 134 S. C. 1962 (2014), which held that laches is not a defense to legal remedy under the Copyright Act. (more…)
U.S. and E.U. officials formally approved the “Privacy Shield” this week, a new agreement governing the transfer of data between Europe and the United States. The final adoption of the transatlantic agreement comes after several years of negotiations, which were accelerated last October when the Court of Justice of the European Union (“CJEU”) invalidated a key part of the U.S.-E.U. “Safe Harbor,” an agreement that had previously enabled American companies to transfer data from the European Union without running afoul of its stricter privacy laws. (more…)