Fifth Circuit Limits DMCA by Distinguishing Circumvention to Access Software and Circumvention to Violate Copyright By Ian B. Brooks – Edited by Helen He MGE UPS Systems, Inc. v. GE Consumer and Indus. Inc., No. 08-10521 (5th Cir. July 20, 2010) Slip Opinion The Fifth Circuit affirmed the ruling of the District Court for the Northern District of Texas, which dismissed MGE UPS Systems Inc.’s (“MGE”) Digital Millennium Copyright Act (“DMCA”) claim against Power Maintenance International, Inc. (“PMI”) and General ... Read More...

Supreme Court Holds That a Government Employer’s Search of an Employee’s Messages on a Work-Related Pager Was Reasonable and Not a Violation of the Fourth Amendment By Andrew Segna – Edited by Helen He Ontario v. Quon, No. 08-1332 (U.S. Jun. 17, 2010) Slip Opinion The United States Supreme Court reversed a Ninth Circuit Court of Appeals decision that held that the Petitioner City of Ontario’s (“Ontario”) search of the Respondent Jeff Quon’s text messages was unreasonable and, therefore, a ... Read More...

Summary Judgment Entered Against Chuck DeVore on Copyright Claims By Harry Zhou – Edited by Helen He Henley v. DeVore, No. 8:09-cv-00481-JVS-RNB (C.D. Cal. Jun. 10, 2010) Order The U.S. District Court for the Central District of California issued a formal ruling on Musician Don Henley’s copyright and Lanham Act claims against California Assemblyman Chuck DeVore. Rejecting DeVore’s fair use defense, the court entered summary judgment in favor of Henley on all claims of copyright infringement. Henley’s false endorsement claim ... Read More...