Ninth Circuit Denies Rehearing En Banc in Quon v. Arch Wireless Text Message Privacy Case By Debbie Rosenbaum — Edited by Christina Hayes Quon v. Arch Wireless Operating Co. Ninth Circuit, No. 07-55282 Order denying rehearing en banc Opinion concurring in denial of rehearing en banc Opinion dissenting from denial of rehearing en banc On January 27, 2009, the Ninth Circuit denied rehearing en banc in Quon v. Arch Wireless, a case decided by a Ninth Circuit panel in June ... Read More...
Australia Poised to Begin Internet Filtering Program Unprecedented in Scope for Modern Democracy By Debbie Rosenbaum Editorial Policy If the presumption that democracy depends upon the widest possible access to uncensored ideas, data, and opinions is true, then there is cause for great alarm as one of our nation’s closest democratic allies moves to drastically curtail this foundational freedom within its boarders. The Australian government will likely enact legislation that will make sweeping, compulsory Internet censorship a startling reality for all ... Read More...
Website Finds Safe Harbor from Copyright Infringement Damages for User-Provided Videos By Debbie Rosenbaum – Edited by Andrew Ungberg Io Group, Inc. v. Veoh Networks, Inc. N.D. Cal., August 27, 2008, No. C06-03926 HRL Slip Opinion (hosted by Electronic Frontier Foundation) Last week, a federal judge in San Jose, U.S. District Judge Howard Lloyd, ruled that Veoh Networks, Inc. (“Veoh”), is not liable for copyright infringement for material that was uploaded to its site. Veho provides software and a website ... Read More...
Federal Circuit Clarifies Patent Obviousness after KSR By Debbie Rosenbaum — Edited by Stephanie Weiner Eisai Co. v. Dr. Reddy’s Laboratories, Ltd. Federal Circuit, July 21, 2008, No. 2007-1397 Slip Opinion On July 21, the Federal Circuit affirmed the United States District Court for the Southern District of New York’s ruling in favor of plaintiff Eisai Co., holding that the patent-in-suit, U.S. Patent No. 5,045,552, was non-obvious and was not obtained through inequitable conduct. This case illustrates the Federal Circuit’s ... Read More...
Ninth Circuit Assesses Copyright Damage Awards By Debbie Rosenbaum — Edited by Stephanie Weiner Derek Andrew, Inc. v. Poof Apparel Corp. 9th Circuit, June 11, 2007 Slip Opinion The Ninth Circuit reversed and remanded in part the decision of the District Court for the Western District of Washington, which had awarded statutory damages under the Copyright Act for a copyright infringement, as well as attorney’s fees. Under § 504(a) and (c) of the Copyright Act, a copyright owner can elect ... Read More...
