Wednesday, March 26, 2003
The Left Hand Doesn't Know What the Right Hand is Doing... The Chronicle of Higher Education has a report on a recent letter from the Consortium of College and University Media Centers to the Copyright Office, in which the Consortium warns of potential conflicts between the Technology Education and Copyright Harmonization Act and the Digital Millennium Copyright Act ("DMCA") and seeks clarification of the DMCA's anti-circumvention provisions.
Tuesday, March 11, 2003
Boon for Personal Privacy? The New Hampshire Supreme Court has ruled that an Internet data broker can be sued by the family of a stalking victim. The victim's stalker was able to purchase her home address, Social Security number, and work address from on-line data broker Docusearch.com. The court held that, given the prevalence of stalking and data theft, Docusearch.com had a duty to the victim to insure that her personal information was sought for a legitimate purpose.
Thursday, March 06, 2003
For All You Star Trek Fans Cnet has a report on the libel case brought by Star Trek: Deep Space Nine cast member Christianne Carafano, a/k/a Chase Masterson, against the dating site Matchmaker.com. As the article notes, the district court's ruling, if allowed to stand on appeal, could potentially restrict the protections afforded to internet companies by the safe harbor provisions of the Communications Decency Act.
Priceless Donna points to this link in her column today. Of course, my headline may have just cost you $3.65.
Wednesday, March 05, 2003
He's Clearly a Glass Half Full Guy Reuters is reporting that Grokster president Wayne Rossco has described the recent lawsuit by the entertainment industry against his file sharing network as good for business. Who needs an advertising budget when you have the RIAA?
ACLU Argues Right to Chat Anonymously The AP is reporting on oral arguments before the Pennsylvania Supreme Court in an appeal from a lower court's ruling that AOL must turn over the identity of an anonymous chat room participant.
Follow Up to Fed Domain Name Raids The AP has a follow up story about the recent seizures of certain domain names by the federal government.
High Court to Hear Arguments in Filtering Law Case The AP has a story on oral arguments scheduled for today in the Children's Internet Protection Act case. Reuters' take on the story, complete with references to on-line "smut."
Tuesday, March 04, 2003
Supreme Court Hands Down Ruling in Victoria's Secret Case MSNBC is reporting that the Supreme Court has sided with the owners of Victor's Little Secret, finding that the name of the Kentucky sex shop did not dilute the famous trademark Victoria's Secret. Justice Stevens, writing for the unanimous Court, held that the federal Trademark Dilution Act requires a showing of actual dilution, not merely the possibility of dilution. The Court's opinion can be found here, and Justice Kennedy's concurrence can be found here. Added Later You can read Marty's take on the opinion here.
Static Control Seeks DMCA Exception Law.com is reporting that Static Control has sought the Copyright Office's help in its ongoing litigation with Lexmark, asking the Copyright Office to exempt from the DMCA's anti-circumvention provisions computer programs that are embedded in computer printers and toner cartridges.
Friday, February 28, 2003
Injunction Issued in DMCA Case Wired is reporting that the judge in the Lexmark case has entered a preliminary injunction prohibiting Static Control from continuing to sell replacement printer cartridges that contain computer chips engineered to work with Lexmark printers.
Thursday, February 27, 2003
Who Knew There Were Such Barbed Wire Connoisseurs? The Trademark Blog has a write-up about a recent Central District of Illinois case in which the District Court found that a plaintiff had a "better than negligible chance" of establishing that use of any color on the top of barbed wire is likely to cause confusion with plaintiff's mark, for red top wire fencing. I would love to see the analysis on this one. Why can't we ever get a judge like this?
Violate the DMCA, Forfeit Your Domain Name CNet is reporting that the U.S. DOJ has taken over the domain name of a website owned by an individual who recently plead guilty to violation of the DMCA. Likewise, the DEA has begun redirecting the URLs of various websites accused of selling drug paraphernalia. So I guess it probably wouldn't be a good idea to start an on-line gallery of images of collectible bongs. Follow-up: Wired has an article about the same incident, noting that the DOJ's efforts to take over the website weren't entirely successful.
Sunday, February 23, 2003
Even More Radical than Lessig? The Legal Theory Blog has an interesting post about the new book by economists Michele Boldrin and David K. Levine, entitled The Case Against Intellectual Monopoly.
Saturday, February 22, 2003
Privacy: 1, Patriot Act: 0 The Washington Post has an article about a bookstore in Montpelier, Vermont that has chosen to purge customers' purchase records, rather than retain them and risk having to turn them over to law enforcement under the Patriot Act.
Friday, February 21, 2003
UDRP Proceedings Not Entitled to Traditional Arbitration Deference Law.com has a report on a recent Third Circuit decision holding that, because UDRP decisions do not fall under the Federal Arbitration Act, domain name decisions are not entitled to "extremely deferential" review.
Thursday, February 20, 2003
In the News Again, Just Can't Wait to Get in the News Again Larry Lessig is in the news again. Wired has a brief summary of Lessig's remarks at the Digital Rights Summit.
Tuesday, February 18, 2003
Life After Eldred Peter Yu gives his view on the Four Remaining Questions About Copyright Law After Eldred on Gigalaw.com. Mr. Yu predicts, as have Jack Balkin and others, further tests of the constitutionality of the DMCA.
Wednesday, February 12, 2003
Third Circuit Finds Way Around Retroactivity Problem in Cybersquatting Law Law.com is reporting on a recent decision by the Third Circuit holding that reregistration of a domain name brings it within the purview of the Anticybersquatting Consumer Protection Act.
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