District Court Declares Purchasers of Software to Be Licensees By Anna Volftsun — Edited by Joshua Gruenspecht MDY Industries, LLC v. Blizzard Entertainment, Inc. et al. District Court of Arizona, July 14, 2008, No. CV-06-2555-PHX-DGC Order (via Justia) The District Court of Arizona entered a summary judgment motion finding that MDY Industries, LLC (“MDY”), creators of a software program called WoW Glider (“Glider”), were liable for contributory and vicarious copyright infringement because their program loaded a copy of a copyrighted ... Read More...

Ninth Circuit Applies Fourth Amendment to Text Messages at Work By Anna Volftsun — Edited by Evie Breithaupt Quon v. Arch Wireless Operating Company, Inc. Ninth Circuit, June 18, 2008, No. 07-55282 Slip Opinion On June 18, 2008, the Ninth Circuit held that the City of Ontario, California violated the Fourth Amendment when Ontario Police Department officials viewed text messages sent by a department employee. The court also held that Arch Wireless, the city’s service provider, had violated the Stored ... Read More...

Fifth Circuit Holds No Safety Exception to Communications Decency Act ISP Immunity By Anna Volftsun — Edited by Nicola Carah Doe v. MySpace, Inc. Fifth Circuit, May 16, 2008, No. 07-50345 Slip Opinion On May 16, 2008, the Fifth Circuit unanimously upheld the Western District of Texas, finding Section 230(c)(1) of the Communications Decency Act (“CDA 230”) barred a parent’s claims for negligence and gross negligence against the social networking site, MySpace.com. The suit was brought on behalf of Doe’s ... Read More...