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.png

The Court of Justice of the European Union Finds the Harbor No Longer Safe

Written by: Ann Kristin Glenster - Edited by: David Nathaniel Tan

This fall, the Court of Justice of the European Union delivered a landmark ruling,  holding that the Safe Harbor Agreement on the handling of personal data by U.S. companies in Europe was invalid. This article will give a brief overview of the case, and explore the salient issues to which the European Court took umbrage. Finally, it will attempt to sketch out some possible consequences of the ruling, and the options that now face E.U. and U.S. legislators.

Read More...

http://jolt.law.harvard.edu/digest/wp-content/uploads/2012/12/joltimg.png

Flash Digest: News in Brief

By Yiran Zhang – Edited by Olga Slobodyanyuk

Senators Introduce a Bill which Requires Social Media Companies to Report Terrorist Activity

New EU Copyright Rules Left Possibility for Google Tax

COP21 Reached an “Ambitious and Balanced” Deal on Climate Change

Read More...

http://jolt.law.harvard.edu/digest/wp-content/uploads/2012/12/joltimg.png

Flash Digest: News in Brief

By David Nathaniel Tan – Edited by Adi Kamdar

Software Pirate Settles Suit Via YouTube

After Paris Attacks, FCC Chairman Calls for Expanded Wiretap Laws

Hoverboards Declared Illegal in New York City

Read More...

http://jolt.law.harvard.edu/digest/wp-content/uploads/2012/12/joltimg.png

Belgian Court Demands that Facebook Stop Tracking Non-Members

By Mila Owen – Edited by Kayla Haran

The Belgian Privacy Commission requested a cessation order against Facebook regarding their practice of placing “datr” cookies on devices of non-Facebook users to track activity on other Facebook pages or on pages containing the “like” or “share” button. The court ruled that this tracking violates the Belgian Privacy Act because it amounts to the collection and “processing of personal data.”

Read More...

http://jolt.law.harvard.edu/digest/wp-content/uploads/2012/12/joltimg.png

Facebook not liable for discrimination against Sikhs in India

By Ann Kristin Glenster – Edited by Yaping Zhang

By dismissing Sikhs for Justice Inc.’s case against Facebook for discrimination by blocking the group’s page in India, the United District Court of Northern California maintains the neutrality of interactive online providers and exempts them from liability under Title II of the Civil Rights Act.

Read More...

FilmOn v. Aereo
By Alex Shank – Edited by Michelle Sohn

Complaint, FilmOn.com, Inc. v. Aereo, Inc., No. CV13-00912 (C.D. Cal. Feb. 7, 2013)
Complaint (hosted by Scribd)

Online TV site FilmOn.com, Inc. (“FilmOn”) filed a complaint against competitor Aereo, Inc. (“Aereo”) on counts of false designation of origin and false endorsement under the Lanham Act on February 7, 2013 in the United States District Court of the Central District of California. FilmOn also seeks declaratory judgment that its use of the names “Aero” and “Aereokiller” do not violate the Act and that any trademark right in the name “Aereo” claimed by Aereo is invalid.

Since early 2012, FilmOn has marketed and sold the “WinTV-Aero-m” antenna manufactured by Hauppauge Computer Works, Inc. (“Hauppauge”). Just one day before the complaint was filed, Hauppauge assigned the trademark rights to “Aero” to FilmOn. In late 2011, Aereo changed its name from Bamboom Labs, Inc. to Aereo, the name under which it started its online TV site in early 2012. FilmOn argues that Hauppauge had sold “WinTV-Aero-m” antennas since early 2011 and that Aereo intentionally changed its name later that same year to confuse consumers and to attract them to Aereo by capitalizing on the Aero name.

The Hollywood Reporter provides an overview of the case and a discussion of prior legal actions between FilmOn and Aereo. Virtual Strategy Magazine features a brief profile of FilmOn and its reaction to continuing lawsuits brought against it by major TV networks. JOLT Digest covered the recent denial of a preliminary injunction to stop Aereo from broadcasting its television content over the Internet. (more…)

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

Department of Justice White Paper
By Mary Grinman – Edited by Laura Fishwick

Photo By: Cliff - CC BY 2.0

Photo By: CliffCC BY 2.0

Lawfulness of a Lethal Operation Directed Against a U.S. Citizen Who Is a Senior Operational Leader of Al-Qa’ida or an Associated Force (hosted by NBCNews)

On Monday, February 4, NBC made public an unsigned and undated Department of Justice (“DOJ”) White Paper, which concludes that the United States can lawfully use lethal force in a foreign country against a senior operational leader of al-Qa’ida or an associated force who is a U.S. citizen if the following three conditions are met: First, the individual must “pose[] an imminent threat of violent attack  against the United States.” Second, capture must not be possible. Third, any U.S. action must be consistent with the law of war. Lawfulness of a Lethal Operation Directed Against a U.S. Citizen Who Is a Senior Operational Leader of Al-Qa’ida or an Associated Force [hereinafter “White Paper”], at 1. While the White Paper presents legal analysis separated from any factual scenario, it resembles the legal justification advanced for the 2011 drone strike against Anwar al-Awlaki and could be the basis for future drone attacks.

The New York Times summarizes the DOJ’s argument and describes its current political environment. Wired criticizes the legal rationales behind the document’s conclusions. Lawfare comes down against the media hype generated by the document, and suggests that it is only a more fleshed out version of Attorney General Eric Holder’s speech at Northwestern University last March. (more…)

Posted On Feb - 12 - 2013 Comments Off READ FULL POST

By Pio Szamel

En Banc Federal Circuit Hears Arguments on Scope of Software Patents

Flash DigestOn Friday, February 8, the en banc Court of Appeals for the Federal Circuit heard arguments in CLS Bank v. Alice Corp., in which the court will consider when patent claims with software elements should be rejected as unpatentable “abstract ideas.” Patently-O discusses the different rules proposed by the parties and the government, while Techdirt relays one audience member’s opinion that based on the argument it could be “a 5 judge to 5 judge tie,” in which case the district court opinion finding the patents invalid would be upheld. JOLT Digest reported on the original, now vacated Federal Circuit decision back in July.

Economists at St. Louis Fed Publish Paper Arguing Patents Should Be Abolished

Economists at the Federal Reserve Bank of St. Louis advocate for the abolition of the patent system in a newly-published paper in the Journal of Economic Perspectives, reports The Huffington Post. The authors, Michele Boldrin and David K. Levine, argue that first-mover advantages and competitive pressures motivate most innovation, while a strong patent system discourages downstream innovation, imposes steep transaction costs, and enables rent-seeking. Boldrin and Levine acknowledge that a much-weaker patent system may be net-beneficial, but point out that incentives faced by key actors such as patent holders, lawyers, and the Patent Office ensure that as long as patents exist, the system will get ever more restrictive.

3D-Printed 30-Round Magazine Unveiled, Named After Andrew Cuomo

Three-dimensional printing and gun enthusiast project Defense Distributed has unveiled a 30-round 3D-printed magazine with a new design that can go through hundreds of rounds without jamming. The new magazine has been named the “Cuomo,” after New York Governor Andrew Cuomo, and in an interview with Talking Points Memo the group’s founder indicated it was intended as a response to the new New York law limiting magazine sizes passed in wake of the massacre in Newtown, Conn. Wired reports on the improvements the soon-to-be-freely-available design makes over previous attempts at 3D-printed magazines.

 

 

 

 

 

 

 

 

Posted On Feb - 11 - 2013 Comments Off READ FULL POST

Dear Readers,

As JOLT goes into the holidays, we’d like to ask you to take a few minutes and fill out our readership survey. You may have noticed our recent makeover, and we’re hoping to make other changes in response to reader feedback. Here’s your chance to weigh in.

Thanks!
Digest Staff

Posted On Dec - 17 - 2012 Comments Off READ FULL POST

Fox Group, Inc. v. Cree, Inc.
By Dorothy Du – Edited by Suzanne Van Arsdale

Fox Group, Inc. v. Cree, Inc., No. 2011-1576 (Fed. Cir. Nov. 28, 2012)
Slip Opinion

The Federal Circuit affirmed in part and vacated in part the Eastern District of Virginia, which had granted defendant Cree’s motion for summary judgment on the invalidity of Fox Group’s (“Fox”) entire patent on low defect single crystal silicon carbide.

The Federal Circuit held that because Cree had proved by clear and convincing evidence that it was the prior inventor of the patent and Fox had failed to produce sufficient evidence to raise a triable issue on whether Cree abandoned, suppressed, or concealed the invention, claims 1 and 19 of U.S. Patent No. 6,562,130 (“’130 patent”) were invalid under 35 U.S.C. § 102(g)(2). However, because there was no justiciable case or controversy to support Cree’s counterclaim on the invalidity of the rest of Fox’s patent, the court vacated the district court with respect to that portion of its holding.

Patently-O presents the background and key holdings of the case. Photonics Patent Blog suspects that the case would have come out the same way under the AIA’s “first to file” rule, which kicks in on March 16, 2013.

(more…)

Posted On Dec - 11 - 2012 Comments Off READ FULL POST
  • RSS
  • Facebook
  • Twitter
unlock_cell_phone

The Court of Justice

By Ann Kristin Glenster - Edited by David Nathaniel Tan Introduction On October 6, ...

Fed. Cir. Flash Digest

Flash Digest: News i

By Yiran Zhang – Edited by Olga Slobodyanyuk Senators Introduce a ...

Icon-news

Flash Digest: News i

By David Nathaniel Tan - Edited by Adi Kamdar Software Pirate ...

1271084_10152203108461729_809245696_o

Belgian Court Demand

By Mila Owen – Edited by Kayla Haran Belgian Privacy Commission ...

Sikhs for Justice Logo

Facebook not liable

By Ann Kristin Glenster – Edited by Yaping Zhang Sikhs for ...