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.pngBy: Chris Crawford and Joshua Vittor This article assumes a base level of knowledge about Bitcoin, bitcoin (BTC), blockchain technology, the Silk Road seizure, and the collapse of MtGox. For a helpful summary of how this technology works, see the first portion of this article, written by Matthew Ly of the Journal of Law and Technology. Bitcoin, and crypto-currency more generally, has risen in the five years since its launch from an academic exercise to what is today a multi-billion dollar ... Read More...
http://jolt.law.harvard.edu/digest/wp-content/uploads/2012/12/joltimg.pngWritten by: Michelle Sohn Edited by: Olga Slobodyanyuk Emulsion: A mixture of two or more liquids that are normally immiscible (nonmixable or unblendable). -Wikipedia  I.               UberX D.C. as Case Study in the Local Sharing Economy If states are laboratories of democracy, then cities are the experiments. A new experiment has bubbled up in cities across the world, reaching a boiling point. The experiment? The local sharing economy. In May, amidst accusations that many of its users were violating New York’s ... Read More...
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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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By Susanna Lichter

Fair Use Defense Bolstered by 7th Circuit Decision in South Park Viral Video Lawsuit

In a victory for fair use proponents, the Seventh Circuit Court of Appeals upheld a District Court’s grant of a motion to dismiss based on fair use before any discovery took place in a lawsuit between the makers of the South Park television show and plaintiff Brownmark Films, LLC. Judge Cudahy found South Park’s substantial recreation of Brownmark Films’ viral video “What What (In the Butt)” to be clearly fair use based solely on the two videos, allowing the defendants to avoid costly discovery and trial expenses, Ars Technica reports. South Park’s near shot-for-shot rendition substituted the flamboyant star of the original with a young boy and was considered by the court to be an “obvious” example of parody. The court further commented that Brownmark Films’ broad discovery request gave the plaintiffs the appearance of a “copyright troll.”

24 Arrested by FBI in Global Cyber Crime Sting Operation

“Operation Card Shop,” a two-year FBI investigation into the buying and selling of credit card data, identity theft, and counterfeit documents culminated earlier this week in the arrest of twenty-four people around the globe. The sting was announced in a statement by the U.S. Attorney’s office for the Southern District of New York and involved the apprehension of eleven suspects located in the United States, thirteen located abroad, and the execution of more than thirty search warrants. According to a report by Wired, the FBI facilitated the bust by setting up a phony web forum to monitor hackers’ online exchange of stolen financial data. Among the suspects arrested was Mir Islam, aka “JoshTheGod,” a self proclaimed founder of the online carding forum Carders.org and member of the hacking group UGNazi.

NZ Court Rules Search of Megaupload Founder’s Mansion Illegal

The High Court of New Zealand found the search and seizure of the infamous Megaupload founder Kim Dotcom’s electronic data, automobiles, and bank accounts performed by New Zealand police to be invalid and illegal. New Zealand police issued warrants and stormed Dotcom’s mansion earlier this year pursuant to an official request for legal assistance by the United States as part of an extradition treaty between the two countries. The High Court’s 56-page decision may prove to be crucial to Dotcom’s effort to avoid extradition to the United States on charges of copyright infringement and money laundering. In their coverage of the ruling, Ars Technica expressed uncertainty that Dotcom will be able to retrieve his unlawfully retained data since the FBI has already returned to the United States with copies of the data.

Posted On Jul - 2 - 2012 Comments Off READ FULL POST

By Jacob L. Rogers

Intel Acquires 1,700 Patents From Interdigital for $375 Million.

Intel has publicly announced its purchase of Interdigital’s patent portfolio, which is primarily composed of wireless patents. In the wake of the deal, Reuters voiced some concerns about the relative value of the deal, noting that the patents in this case were acquired at $220,000 per patent, compared to the $750,000 per patent and $735,000 per patent in the Nortel and Motorola deals, respectively. The acquisition of wireless patents could indicate a desire from Intel to push its chip manufacturing more towards mobile devices, where equipment and software updates are increasingly being applied over a wireless connection. Interdigital stock rose over 25 percent following the news of the Intel acquisition.

Motorola Continues Lawsuits over FRAND Patents

According to a report from Ars Technica, Motorola is continuing to sue companies over patents that it has agreed to license under fair, reasonable and non-discriminatory (“FRAND”) terms. Although MPEG-LA (an organization that specializes in licensing standards patents) has said that the price of one of Motorola’s patents should be 10-20 cents per unit, Motorola’s standard terms are to ask companies for 2.25 percent of revenues from products that make use of the patented standards. Many companies have already accepted Motorola’s terms, although both Apple and Microsoft continue to fight Motorola’s prices. Last week, Richard Posner referred to the whole patent system as “chaos” and told Motorola that he did not believe they could obtain an injunction for a standards essential patent.

Judge Rules that Netflix May be Required to Provide Subtitles Under the American Disabilities Act

Judge Michael Ponsor ruled against dismissal of a case requiring Netflix to provide closed captioning for its programming pursuant to the American Disabilities Act (“ADA”). Netflix had attempted to claim that the ADA did not apply to services provided over the Internet. Boston.com reports that Judge Ponsor rejected the Netflix interpretation, holding that Congress intended the ADA to apply to evolving forms of technology and keep current with the times. Judge Ponsor extended this to web-based businesses, even though the act, passed in 1990, did not contemplate business conducted over the Internet at the time of its passage. Under Judge Ponsor’s reading, nearly all websites could be required to provide features for improved access by people with disabilities.

Google Reveals Censorship Request Information

Google has revealed that between July and December in 2011 it received more than 1,000 requests from governments around the world asking for the removal of content from its servers. The New York Times reports that some requests included an American police department asking for removal of a video showing police brutality, Canadian authorities asking for removal of a video showing a citizen urinating on his passport and flushing it down a toilet, and 14 requests asking for removal of videos that showed information about Spanish authorities such as mayors and public prosecutors. Google has refused to remove these videos, although it has complied with almost 50 percent of requests overall and 93 percent of requests coming from the U.S. government. These statistics do not include removal of Google content from Iran or China, both of which regularly censor Google content without informing the company.

Posted On Jun - 25 - 2012 Comments Off READ FULL POST

Federal Circuit Sets Forth New Standard for Willful Infringement
By Jie Zhang – Edited by Jennifer Wong

Bard Peripheral Vascular, Inc. v. W.L. Gore & Assocs., No. 2010-1050 (Fed. Cir. June 14, 2012)
Slip Opinion

The Court of Appeals for the Federal Circuit, in a 2-1 ruling following an en banc decision that sent the case back to panel for rehearing, partly reversed its earlier decision from February 10, 2012, which had affirmed the verdict of the District Court for the District of Arizona against W.L. Gore and had upheld the district court’s doubling of the jury’s damages award for willful patent infringement.

On panel rehearing, the Federal Circuit reaffirmed the validity of Bard’s patent but vacated its prior opinion on the issue of willful infringement. The Federal Circuit employed the two-prong test for willfulness. The court redefined the first prong of the test and held that the objective determination of the likelihood that a defendant’s conduct constituted infringement is a question of law for the court to decide. Only after the objective threshold is satisfied can the jury consider the subjective recklessness of the defendant’s actions. The court further stated that if the defendant has a reasonable defense or non-infringement theory, then the objective threshold is not overcome and there is no willful infringement. Thus, the court remanded the case to the district court to determine whether the objective prong of willful infringement is satisfied under this new standard and to reconsider whether the enhanced damages award is proper.

JOLT Digest previously reported on the Federal Circuit’s earlier decision in the battle between Bard and Gore. Thomson Reuters provides an overview of the case. Patently-O comments on the implications of the new standard. (more…)

Posted On Jun - 20 - 2012 Comments Off READ FULL POST

Government Says Megaupload Users Must Pay to Retrieve Their Data
By Jacob L. Rogers – Edited by Heather Whitney

United States v. Kim Dotcom, No. 1:12CR3 (E.D. Va. June 8, 2012)
Kyle Goodwin’s motion for return of property (hosted by EFF)
Government reply brief (hosted by Wired)

In United States v. Kim Dotcom (“the Megaupload case”), the government has filed a reply brief regarding their responsibility (or lack thereof) to provide third parties their data in a situation where the government’s shutdown of a site has made it virtually impossible for that third party to otherwise retrieve their data. Here, in response to Mr. Kyle Goodwin’s motion for return of property pursuant to 18 U.S.C. § 1963 or Federal Rule of Criminal Procedure 41(g), the government claims that non-parties to the case have no recourse to the government in order to obtain the data stored on the previously seized Megaupload servers. (Government’s brief at 12).

JOLT Digest previously covered the Megaupload indictment. A thorough explanation of the issues can be found on CNET. Computerworld and WebProNews assert that the government’s proposal is unrealistic, and might be an effort to deter swarms of Megaupload users from demanding their data.

(more…)

Posted On Jun - 18 - 2012 Comments Off READ FULL POST

Employee Alleging Employer Accessed Quasi-Public Facebook Posts States a Valid Claim for Invasion of Privacy
By Charlie Stiernberg – Edited by Heather Whitney

Ehling v. Monmouth-Ocean Hosp. Serv. Corp., No. 2:11-cv-03305 (WJM) (D.N.J. May 30, 2012)
Slip Opinion
(hosted by Justia.com)

The United States District Court for the District of New Jersey granted defendant Monmouth-Ocean Hospital Service Corp.’s (“MONOC”) Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff Deborah Ehling’s New Jersey Wiretapping and Electronic Surveillance Control Act (“NJ Wiretap Act”) claim, but denied MONOC’s motion to dismiss Ehling’s common law invasion of privacy claim.  Ehling, a MONOC employee, alleged that a supervisor inappropriately accessed restricted posts on her Facebook page without her consent.

The court held that Ehling failed to state a claim under the NJ Wiretap Act, because she did not allege that her Facebook posting was viewed by her employer “in the course of transmission.”  Ehling, No. 2:11-cv-03305 (WJM) at 4.  The court held that the NJ Wiretap Act does not apply to a received communication that is placed in “post-transmission storage” before it is “accessed by another without authorization.”  Id. at 4-5.  On the other hand, the court held that Ehling had stated a plausible claim for common law invasion of privacy, in part because she “may have had a reasonable expectation that her Facebook posting would remain private,” especially because she took steps to protect her Facebook page from public viewing.  Id. at 6.

The Delaware Employment Law Blog provides an overview of the case, and states that the key take-away for employers is “Don’t look for trouble or you just may find it.”  The Eric Goldman Technology & Marketing Law Blog notes that the number of Facebook friends with whom Ehling shared her post may end up determining whether the post should be accorded any privacy protection.

(more…)

Posted On Jun - 16 - 2012 1 Comment READ FULL POST
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The Silk Road and Mt

By: Chris Crawford and Joshua Vittor This article assumes a base ...

Photo By: Tristan Ferne - CC BY 2.0

Emulsification: Uber

Written by: Michelle Sohn Edited by: Olga Slobodyanyuk Emulsion: A mixture of ...

Icon-news

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, ...