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| File Sharing Without Actual Download Not Actionable |
| on Friday, May 02, 2008 - 10:24 PM Posted by: admin |
 On April 28, 2008, in Atlantic Recording Corp. et al. v. Howell (U.S. District Court, Arizona, Case No. CV-06-02076-PHX-NVW), Judge Neil V. Wake entered an order denying the RIAA’s motion for summary judgment because “merely making copies available does not constitute distribution.” Specifically, the court held that the mere act of saving copies of works to the shared folder of a file sharing application, thus making them available for download by anyone, did not constitute distribution in violation of the copyright act. Actual download by a third party is necessary. Read the order here. |
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 CyberLaw.Info |
| Bills to curb cyber-bullying raise free-speech concerns |
| on Tuesday, February 05, 2008 - 08:24 AM Posted by: admin |
By Kathleen Fitzgerald, SPLC staff writer
© 2008 Student Press Law Center
February 4, 2008
Legislators in several states this year have proposed or reintroduced bills to protect students from cyber-bullying, giving school administrators a role in combating what they see as a new wave of electronic harassment. While some feel this will protect students, First Amendment advocates worry the policies will infringe on students' rights. |
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| Computer Fraud and Abuse Act |
| on Friday, September 28, 2007 - 05:59 AM Posted by: admin |
| When company data is stolen or maliciously destroyed, the modern cause of action is the federal Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030, a criminal statute that expressly provides for a civil action for damages and injunctive relief for anyone "who suffers damage or loss by reason of a violation of" the statute. 18 U.S.C. 1030(g). |
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CyberLaw.Info |
| Truth in Music Advertising Law |
| on Wednesday, August 22, 2007 - 11:11 AM Posted by: admin |
 On June 18, 2007, Florida joined 16 other states in passing a truth in music advertising law. See F.S. 817.4115, False, deceptive, or misleading advertisement of live musical performances. The law was created to protect artists from identity theft and consumers from being deceived by acts that are not comprised of the legendary artists that initially made the original songs famous. The states that have thus far joined the bandwagon and have passed laws regulating this practice are Pennsylvania, Conneticut, Illinois, Michigan, Massachutes, Maine, South Carolina, North Dakota, Virgina, New Jersey, Florida, Wisconsin, Tennessee, Missouri, Texas, Nevada and New York. |
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CyberLaw.Info |
| Three Hurdles to Website Owner Liability |
| on Saturday, July 21, 2007 - 01:28 PM Posted by: admin |
| Federal law provides that no provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider, 47 U.S.C. §230(c)(1), and that no cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section, §230(e)(3). Note, the statute contains important exceptions. See, e.g., 47 U.S.C. § 230(e)(1) (excepting federal criminal liability); and § 230(e)(2) (scope of intellectual property laws remain unchanged). |
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| TorrentSpy Ordered to Log Users' IPs |
| on Thursday, July 19, 2007 - 03:50 AM Posted by: admin |
| On June 27, 2007 in a copyright infringement lawsuit, Columbia Pictures Industries v. Bunnell, No. 06-01093 FMC, pending in the U.S. District Court for the Central District of California, Judge Florence-Marie Cooper ruled that TorrentSpy, a popular search engine that indexes materials made publicly available via the Bit Torrent file sharing protocol, must activate logging and turn the logged data over to the studios, despite its privacy policy. The magistrate judge reasoned that because the info including IP addresses exists in RAM of TorrentSpy's webservers, it is "electronically stored information" that must be collected and turned over to the studios under the rules of federal discovery. Read EFF's amicus brief by clicking here.
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CyberLaw.Info |
| Son of Sam Law in FL |
| on Wednesday, May 16, 2007 - 07:01 AM Posted by: admin |
| The "Son of Sam" Law in Florida is codified at F.S. 944.512.
In Rolling v. State ex rel. Butterworth, 741 So. 2d 627 (1999, FL 1st DCA), Appellee State, pursuant to Fla. Stat. ch. 944.512, sought imposition of a lien against property in an action against appellant, convicted criminal, especially seeking proceeds from sale of a book containing accounts of the crimes for which appellant was convicted. Appellants argued that Fla. Stat. ch. 960.291(7) violated U.S. Const. amend. I and was, therefore, unconstitutional both on its face and as applied to each of them. Under the plain language of the statute the lien encompassed appellant's art, autographs, and proceeds from them, as well as proceeds from his book. Appellant publisher was receiving benefits on appellant offender's behalf and thus the lien attached to the proceeds she garnered from sale of property. Appellant offender could not transfer his property to appellant publisher to avoid the lien. |
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| EMI Offers Higher Quality Downloads Without DRM |
| on Monday, April 02, 2007 - 08:25 PM Posted by: admin |
 EMI will be offering, at a greater price, higher quality digital music downloads without digital rights management ("DRM") through Apple's ITunes Store in addition to its lower quality restricted catalog.
We'll have to gaze into our crystal balls to determine whether distributing unprotected MP3s will help expand the market and what effect this will have on music piracy.
Read the Reuters article by clicking here.
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CyberLaw.Info |
| Trademarks Trumped by Freedom of Speech |
| on Tuesday, February 27, 2007 - 06:47 AM Posted by: admin |
| Click here to read the decision of the National Arbitration Forum in Homer TLC, Inc. v. GreenPeople, Claim Number: FA0508000550345, dated 10/25/05, wherein the panel found that respondent's use of the domain name "homedepotsucks.com" did not violate the Home Depot marks of the complainant. |
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