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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California District Court Dismisses Oracle’s Copyright Infringement Claims Against Google, Finds APIs not Copyrightable

By Susanna Lichter – Edited by Jennifer Wong
Oracle America, Inc., v. Google Inc., No. C 10-0361 WHA (N.D. Cal. May 31, 2012) (hosted by Groklaw)

The U.S. District Court of Northern California in San Francisco dismissed Oracle’s claims that Google had infringed Oracle’s copyright in 37 application programming interfaces (“APIs”), holding that the particular elements duplicated in Google’s Android operating system were free for all to use under the Copyright Act.

Oracle filed the billion-dollar lawsuit against Google in August 2010, shortly after acquiring Sun Microsystems, Inc. and its interest in Java, the language used in Android. The suit alleged both copyright and patent infringement by Google’s exact replication of the names, organization, and functions of the APIs.

On May 23 a jury of ten unanimously found that Google did not infringe on patents held by Oracle. Two weeks earlier the jury had unanimously decided that Google infringed Oracle’s copyright in the APIs, but deadlocked on whether Google’s infringement qualified as fair use. Judge William Alsup resolved the copyright claims, finding that the APIs were not copyrightable to begin with. Oracle will be limited to collecting statutory damages for 9 lines of code that were copied from Java, the resulting damages of which may not exceed $150,000.

Wired provides an overview of the case. JOLT Digest reported on the patent claim and
Ars Technica interviewed Google attorneys Kent Walker, and Renny Hwang after the verdict.

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Posted On Jun - 10 - 2012 Comments Off READ FULL POST

By Brittany Horth

United States Orchestrated Cyberattack on Iran’s Main Nuclear Enrichment Facilities with Stuxnet

Interviews with anonymous American, European, and Israeli officials, as well as outside experts, have revealed that President Obama ordered the acceleration of secret cyberattacks, codenamed “Olympic Games,” on Iran’s main nuclear enrichment facilities during his first months in office, reports the New York Times. The attacks were part of an Israel-United States effort to impair the development of Iran’s nuclear program. The order came after the cyberweapon, nicknamed “Stuxnet” by computer security experts, inadvertently became public in the summer of 2010. A programming error allowed it to escape the Natanz nuclear facility and compromise ordinary computers, prompting Obama to temporarily question whether the program should be shut down. The Natanz nuclear facility was nonetheless subsequently attacked by two newer versions of the Stuxnet computer worm that took out approximately 1,000 of its 5,000 centrifuges, but whether the attacks successfully slowed the progress of Iran’s nuclear program remains in dispute among experts and officials. “Olympic Games,” begun during the Bush Administration, raises the issue of whether such activity invites other countries to carry out cyberattacks against the United States, explains Ars Technica.

ABC v. Aereo, WNET v. Aereo Two-Day Preliminary Injunction Hearing Concludes

U.S. District Judge Alison Nathan heard opposing arguments from both television broadcasters and the online television service Aereo in a two-day hearing addressing the television broadcasters’ motion for a preliminary injunction against Aereo, reports The Hollywood Reporter. Aereo, currently available exclusively in New York City, enables subscribers to watch and record live broadcast television through an Internet service for $12 a month by assigning each subscriber to one of several tiny remote antennas in Aereo’s server room, explains Ars Technica and Bloomberg Businessweek. Television broadcasters sued Aereo in March 2012 and allege that Aereo is violating copyrights by retransmitting broadcasters’ programming without paying for the rights to such programming, while Aereo counters that subscribers are legally entitled to access broadcast programming via antennae that just happen to be remote.

Google Files Antitrust Complaint Against Microsoft and Nokia in Europe

Google filed an antitrust complaint with the European Commission alleging that Microsoft and Nokia are colluding to raise the costs of Android mobile devices using patents that Microsoft promised it would not use against its competitors, reports Bloomberg. Google claims that Microsoft and Nokia transferred approximately 2,000 patents and patent applications to Mosaid Technologies last year in order to create “patent trolls” that can bypass the promise and engage in patent litigation that threatens manufacturers of Android handsets, reports Ars Technica. Microsoft and Nokia counter that the complaint is “desperate” and “frivolous” and note that the European Union is already investigating Motorola Mobility, which was acquired by Google, for its abuses of standard-essential patents alleged by Apple and Microsoft.

Posted On Jun - 5 - 2012 Comments Off READ FULL POST

Kentucky District Court Latest to Grapple with Warrantless GPS Tracking after Jones
By Sarah Jeong – Edited by Michael Hoven

United States v. Lee, Criminal No. 11-65-ART (E.D. Ky., May 22, 2012)
Slip opinion (hosted by TalkLeft)

The U.S. District Court of Eastern Kentucky suppressed the discovery of 150 pounds of marijuana in the defendant’s possession, due to the placement of a warrantless GPS tracking device on his car. The search and arrest took place prior to United States v. Jones, No. 10-1259, 2012 WL 171117 (U.S. Jan. 23, 2012), the Supreme Court case that ruled that GPS tracking constitutes a search and therefore requires a warrant. The United States argued in Lee that the agents’ actions fell under the good faith exception to the warrant requirement, but Judge Amul Thapar found that only reliance on binding appellate precedent could create a good faith exception for the police. In this particular case, in contrast, the agents had relied on a national Drug Enforcement Agency (“DEA”) policy supported by non-binding appellate precedent from other jurisdictions. The Lee ruling attempts to articulate a clear and administrable principle for applying (or withholding) the good faith exception to pre-Jones instances of warrantless GPS tracking.

The Associated Press reports on the underlying facts of the case. Wired analyzed the conflicting case law on the good faith exception. (more…)

Posted On Jun - 3 - 2012 Comments Off READ FULL POST

Jury Decides Google Did Not Infringe Oracle Patents but Question of Whether APIs Can Be Copyrighted Remains
By Brittany Horth – Edited by Michael Hoven

Oracle America, Inc. v. Google Inc., No. 10-03561 (N.D. Cal. 2012)
Special verdict on copyright claims from May 7, 2012 (hosted by Scribd)
Special verdict on patent claims from May 23, 2012 (hosted by Scribd)

A jury in the U.S. District Court of Northern California in San Francisco unanimously decided that Google’s Android mobile operating system does not infringe Oracle’s U.S. Patent No. RE38,104 and U.S. Patent No. 6,061,520. The special verdict came approximately two weeks after the jury unanimously decided that Google infringed Oracle’s copyright on Java application programming interfaces (APIs) but failed to reach any agreement on whether Google had a valid fair use defense.

U.S. District Judge William Alsup canceled the third phase of the trial, which would have addressed damages, and dismissed the jury after the second special verdict. However, the proceedings will continue since Judge Alsup has yet to answer the crucial legal question of whether APIs can be copyrighted in the first place, which will determine the fate of the partial verdict from the copyright infringement segment of the trial.

Bloomberg provides a brief overview of the case and the recent special verdicts. Ars Technica provides a more detailed explanation of the partial verdict from the copyright infringement segment of the trial and its potential ramifications for programmers. CNET provides a more detailed explanation of the verdict from the patent infringement segment of the trial.

(more…)

Posted On May - 30 - 2012 Comments Off READ FULL POST

By Erin Pritchard

New York Legislation Would Ban Anonymous Online Speech

Proposed legislation in New York would require New York-based websites, such as blogs and newspapers, to “remove any comments posted on his or her website by an anonymous poster unless such anonymous poster agrees to attach his or her name to the post” says a report from Wired. The legislation is proposed in both the state Senate and Assembly, but no votes on the measures have been taken. Critics contend that this legislation poses First Amendment problems, and would degrade the Internet experience. Supporters contend that it would improve accountability online and stop “cyberbullies.”

Facebook IPO: Excitement and Disaster

On May 21, 2012, Facebook had their initial public offering, which Vanity Fair called the tech world’s most highly anticipated initial public offering since Google. However, Facebook was overvalued and Facebook’s share price fell below the offering price of $38, and has remained below since, reports Reuters. Now, Bloomberg notes that Facebook and the IPO underwriters face numerous lawsuits legal and serves as an embarrassing example of how not to run an IPO. As a result, there are billions of dollars in losses, investigations by two congressional committees, and the Securities and Exchange Commission.

White House Addressing the Reality of a Networked Nation

On Wednesday, May 23rd, the White House launched the new Digital Government Strategy. In the first Digital Government directive, “Building a 21st Century Platform to Better Serve the American People,” President Obama is pushing all federal agencies to develop mobile applications and thereby make government services more accessible to the public. Steven VanRoekel, the Federal Chief Information Officer, lauds the mandate for government agencies to open up their vaults of valuable data to the public, encouraging enterprising and external development. This release comes on the heels of President Obama’s Consumer Data Privacy Framework in February. The collection, security, and ownership of Americans’ personal online activity data is a lucrative, controversial and ever-growing market that has largely run unchecked since its inception. Adherence to the Consumer Bill of Rights is voluntary, but it is encouraging that the reality of America’s technological shift is beginning to be addressed by the White House.

Oracle v. Google, Patent Wars: Judge Learns to Code

In a move heralded by the technology community, Judge William Alsup of the intellectual property trial between Oracle and Google recently revealed he had learned to code in Java specifically for the case, Wired reports. Oracle is seeking damages from Google for infringing copyrights specifically related to Java APIs. Oracle’s lead counsel, David Boies, is still seeking infringer’s profits, but Judge Alsup is unconvinced that this is not just a “fishing expedition” as even he could write some of the infringing code in five minutes.

This case typifies the problems the tech industry is having with the patent system in the U.S. Visual.ly published a flowchart illustrating the convoluted nature of the patent wars being waged between large technology companies. Timothy Lee of Ars Technica criticizes solutions proposed by former Federal Circuit judges in an article specifically about software patent issues. Although the debate continues, the need for patent reform is recognized by both the innovators and the courts.

Posted On May - 27 - 2012 Comments Off READ FULL POST
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In Response to Rulin

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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

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DOJ Indicts Nine for

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European Court of Ju

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