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 Ian B. Brooks

Reality Porn Producers Claim Fair Use in Suit against Record Labels

Ars Technica reports that Warner Bros. Records and ten other record music labels have filed suit against porn companies RK Netmedia and RealityKings.com. The record labels allege copyright infringement for the use of their unlicensed songs in hundreds of hardcore pornographic videos. They are seeking the maximum statutory penalty of $150,000 per video. RK Netmedia says it will defend the suit under the fair use doctrine. They argue that because they shoot their films in reality show style, their equipment captures music played in the background of the nightclubs and venues where they shoot. The complaint is available here.

ACLU Challenges Constitutionality of Massachusetts Law Protecting Minors on the Internet

On July 12, 2010, an updated Massachusetts law went into effect which will extend existing laws to protect minors from obscene materials on the Internet. Citizen Media Law Project and Ars Technica report on the ACLU’s challenge to the law. The “harmful to minors” law has been expanded to cover many online communications, such as electronic mail, instant messaging, and text messaging. The ACLU argues that the updated law will have a chilling effect on Internet communications, affecting even constitutionally protected communications between adults. The law, which was previously restricted to physical locations such as shops within Massachusetts, now has the effect of reaching outside of the state. The ACLU seeks to have the updated language removed from the law.

Louisiana is Latest to Enact Anti-Cyber-Bullying Statute

Lowering the Bar and Citizen Media Law Project report on the latest cyber-bullying statute enacted in Louisiana. The law makes illegal the “transmission of any electronic textual, visual, written, or oral communication with the malicious and willful intent to coerce, abuse, torment, or intimidate a person under the age of 18.” Violators could face a maximum penalty of a $5,000 fine and three years in jail. The Media Coalition opposed the law on constitutional grounds prior to its enactment because of its vague language. Much of the language remained unchanged, so its constitutionality continues to be a concern for some.

Posted On Jul - 20 - 2010 Comments Off READ FULL POST

District of Massachusetts reduces jury-awarded damages by 90 percent in copyright infringement lawsuit
By Abby Lauer – Edited by Jad Mills

Sony BMG Music Entertainment et. al. v. Tenenbaum, No. 07cv11446-NG (D. Mass. July 9, 2010)
Slip Opinion

In a decision by Judge Nancy Gertner, the United States District Court for the District of Massachusetts reduced the damages awarded by a jury to members of the recording industry in a copyright infringement lawsuit. After finding defendant Joel Tenenbaum guilty of illegally downloading copyrighted music, the jury awarded statutory damages of $22,500 per song, $675,000 total for 30 songs. Judge Gertner held that the damages award should be reduced to $2,250 per song or $67,500 total. In so holding, Judge Gertner maintained that the jury’s award was far greater than necessary to serve the government’s interest in deterring copyright infringement and compensating copyright owners whose rights have been infringed. She argued that Congress never intended the extraordinary damages provisions of copyright law to apply to situations where a defendant did not receive pecuniary benefit from his infringing activities.

Ars Technica provides an overview of the case. The Electronic Frontier Foundation commends the court’s decision. (more…)

Posted On Jul - 14 - 2010 Comments Off READ FULL POST

Use of Common Words in Trademarks Can Still Dilute
By Harry Zhou – Edited by Jad Mills

Visa Int’l Serv. Ass’n v. JSL Corp., No. 08-15206 (9th Cir. Jun. 28, 2010)
Slip Opinion

On June 28, 2010, the Ninth Circuit affirmed the U.S. District Court for the District of Nevada’s grant of summary judgment for Visa International Service Association (“VISA”) on its trademark dilution claim against JSL Corporation (“JSL”).

Chief Judge Alex Kozinski delivered the opinion, holding that JSL’s “eVisa” mark had diluted VISA’s “Visa” mark under 15 U.S.C. § 1125(c)(2)(B) (2006). The court found that JSL’s “eVisa” brand had created a situation in which two different products, namely VISA credit cards and JSL’s eVisa.com, competed for association with the word “Visa.” The court explained that although the word visa has a common meaning, the Visa mark can still be diluted by a junior user who is not using the word according to that common meaning. And since Orr did not dispute that the “Visa” mark was famous and distinctive before JSL started to use “eVisa,” the court upheld summary judgment.

Reuters provides a summary of the opinion. Seattle Trademark Lawyer briefly analyzes the court’s rationale. Eric Goldman’s Technology and Marketing Law Blog criticizes the decision. (more…)

Posted On Jul - 13 - 2010 Comments Off READ FULL POST

By Chinh Vo

NTP Sues Major Smartphone Makers for Infringing Wireless Email Patents

Ars Technica reports that patent holding company NTP has brought suits against Apple, Google, HTC, LG, Microsoft, and Motorola, claiming the smartphone makers are infringing eight patents for “delivery of electronic mail over wireless communications systems.” NTP brought a similar suit in 2001 against Blackberry manufacturer RIM, which settled for $612.5 million after several years of litigation. The New York Times notes that NTP may not enjoy a similar payday this time around “because technology and product designs change quickly and recent smartphone e-mail systems may well have been designed with an eye toward avoiding NTP’s patents.” Which specific claims will be relevant to this round of litigation is still unclear, as NTP is currently appealing the USPTO’s invalidation of a significant number of its patents.

New Law Requires Colleges to Fight Online Piracy or Risk Losing Federal Funding

The Huffington Post reports that colleges now risk losing federal funding if they do not take adequate steps to fight digital piracy on campus. This month a provision of the Higher Education Opportunity Act of 2008 went into effect, requiring any institution receiving federal student aid to have plans “to effectively combat the unauthorized distribution of copyrighted material by users of the institution’s network.” The regulations allow schools flexibility in their approaches to fighting piracy, so long as they employ at least one technology-based deterrent. Colleges must also educate their network users on digital piracy and offer legal alternatives “to the extent practicable.”

NSA To Implement Program to Protect Critical Infrastructure from Cyber Attacks

The Wall Street Journal reports that the U.S. government is launching an extensive new program for monitoring the networks of utilities and other critical infrastructure, utilizing physical sensors to identify unusual activity indicating possible cyber attacks. Dubbed “Perfect Citizen,” the surveillance program will be administered by the National Security Agency in cooperation with the Department of Homeland Security, and implemented with the help of defense contractor Raytheon Corp. for $100 million. The project will focus primarily on older computer controls built without Internet security measures. While many industry and government officials feel the project is long overdue, others express concern about the NSA’s intrusion into domestic affairs. Wired explains the increasing government and public concern over cybersecurity leading up to the announcement of this program.

Posted On Jul - 10 - 2010 Comments Off READ FULL POST

Credit-Card Processors May be Held Liable for Contributory Trademark Infringement in Gucci Counterfeit Suit
By Sharona Hakimi – Edited by Matt Gelfand

Gucci America, Inc. v. Frontline Processing Corp., No. 09 Civ. 6925 (HB) (S.D.N.Y. June 23, 2010)
Order

On June 23, 2010, Judge Harold Baer of the U.S. District Court for the Southern District of New York denied a motion to dismiss claims of contributory trademark infringement brought by fashion label Gucci America, Inc. (“Gucci”) against a group of credit card processing companies. Judge Baer held that these credit card processing companies may be held liable for contributory trademark infringement under the test established by the Supreme Court in Inwood Laboratories, Inc. v. Ives Laboratories, Inc., 456 U. S. 844 (1982), and its progeny.

Applying the principles outlined in those recent trademark infringement cases, Judge Baer held that plaintiffs can sue companies that service websites that sell counterfeit goods if plaintiffs can show that defendants (1) “intentionally induced the website to infringe through the sale of counterfeit goods;” or (2) “knowingly supplied services to websites and had sufficient control over infringing activity to merit liability.”  Although Gucci did not sufficiently plead direct or vicarious liability theories, Judge Baer allowed them to proceed under the theory that the defendants induced infringement and provided services to counterfeit sellers either knowing that its clients “traded in counterfeit products, or [being] willfully blind to that fact.”

The Intellectual Property Law blog provides a detailed summary of the case. Eric Goldman’s Technology and Marketing Law Blog summarizes the case and offers relevant excerpts. Ron Coleman’s Likelihood of Confusion blog analyzes the case and compares it with recent developments in contributory trademark infringement case law. (more…)

Posted On Jul - 8 - 2010 Comments Off 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, ...