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

By Ellora Israni – Edited by Filippo Raso

IMDb is challenging the constitutionality of Assembly Bill 1687 (“AB 1687”), a California law requiring IMDb to remove ages from its website upon request from paid subscribers, claiming that the law violates the First Amendment’s free speech protections.

Read More...

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

Facebook Blocks British Insurance Company from Basing Premiums on Posts and Likes

By Javier Careaga– Edited by Mila Owen

Admiral Insurance has created an initiative called firstcarquote, which analyzes Facebook activity of first-time car owners. The firstcarquote algorithm determines risk based on personality traits and habits that are linked to safe driving. Firstcarquote was recalled two hours before its official launch and then was launched with reduced functionality after Facebook denied authorization, stating that the initiative breaches Facebook’s platform policy.

Read More...

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

Airbnb challenges New York law regulating short-term rentals

By Daisy Joo – Edited by Nehaa Chaudhari

Airbnb filed a complaint in the Federal District Court of the Southern District of New York seeking to “enjoin and declare unlawful the enforcement against Airbnb” of the recent law that prohibits  the advertising of short-term rentals on Airbnb and other similar websites.  Airbnb argued that the new law violated its rights to free speech and due process, and that it was inconsistent with Section 230 of the Communications Decency Act, which protects online intermediaries that host or republish speech from a range of liabilities.

Read More...

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

Medtronic v. Bosch post-Cuozzo: PTAB continues to have the final say on inter partes review

By Nehaa Chaudhari – Edited by Grace Truong

The Court of Appeals for the Federal Circuit (“the Federal Circuit”) reaffirmed its earlier order, dismissing Medtronic’s appeal against a decision of the Patent Trial and Appeal Board (“PTAB”). The PTAB had dismissed Medtronic’s petition for inter partes review of Bosch’s patents, since Medtronic had failed to disclose all real parties in interest, as required by 35 U.S.C. §312(a)(2).

 

Read More...

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

California DMV Discuss Rules on Autonomous Vehicles

DOJ Release Guidelines on CFAA Prosecutions

Illinois Supreme Court Rule in Favor of State Provisions Requiring Disclosure of Online Identities of Sex Offenders

Research Shows Concerns for Crucial Infrastructure Information Leaks

Read More...

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
  • RSS
  • Facebook
  • Twitter
California Flag

IMDb Challenges Cali

By Ellora Israni – Edited by Filippo Raso IMDb.com, Inc. v. ...

Facebook International

Facebook Blocks Brit

By Javier Careaga – Edited by Mila Owen Many insurance companies ...

computer-typing1

Airbnb challenges Ne

By Daisy Joo – Edited by Nehaa Chaudhari Complaint to Declare ...

Unknown

Medtronic v. Bosch p

By Nehaa Chaudhari – Edited by Grace Truong Medtronic, Inc. v. Robert ...

Unknown

Flash Digest: News i

By Li Wang – Edited by Henry Thomas California DMV Discuss ...