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 Topic: CyberLaw
The new items published under this topic are as follows.
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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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Read more... (5387 bytes more) CyberLaw.Info |
| 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 |
| 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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Read more... (4684 bytes more) CyberLaw.Info |
| 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 |
| 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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CyberLaw.Info |
| Federal Law Preventing CyberStalking Signed by President |
| on Tuesday, January 10, 2006 - 04:25 PM Posted by: admin |
| On January 5, 2006, President Bush signed into law:
H.R. 3402, the "Violence Against Women and Department of Justice Reauthorization Act of 2005," which reauthorizes the Violence Against Women Act for for years 2007-2011, makes amendments to criminal and immigration law, consolidates major law enforcement grant programs and authorizes appropriations for the Department of Justice for for years 2006-2009. According to "TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT VIOLENCE AGAINST WOMEN, Section 113. Preventing Cyberstalking ... Whoever ... utilizes any device or software that can be used to originate telecommunications or other types of communications that are transmitted, in whole or in part, by the Internet ... without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person ... who receives the communications ... shall be fined under title 18 or imprisoned not more than two years, or both."
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CyberLaw.Info |
| Supreme Court Sends Grokster Back To Trial |
| on Monday, June 27, 2005 - 08:48 AM Posted by: admin |
| Today the Supreme Court, in MGM v. Grokster, unanimously overturned a ruling that prevented the music industry and others from suing internet services used by consumers to swap songs and movies for free. |
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Read more... (608 bytes more) CyberLaw.Info |
| Programmer Contends Motorola Violates GPL |
| on Thursday, March 17, 2005 - 09:31 AM Posted by: admin |
This week an open-source programmer, Harald Welte, told Motorola and 12 other companies at the CeBit trade show in Hannover, Germany, that he believes they're using Linux in violation of the general public license that governs the software. Read the CNET article here.
Welte has gone to bat for this issue before and stated he's settled more than 25 cases so far. Additionally, he's won two rounds in a court case against one company, Sitecom, in Munich, Germany. Read about this case at CNET here. |
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CyberLaw.Info |
| Spector Spyware Violates State and Federal Wiretap Laws |
| on Monday, February 28, 2005 - 05:46 AM Posted by: admin |
| On February 11, 2005, Florida's 5th District Court of Appeals upheld a trial court's decision to suppress captured real time communications in O'Brien v. O'Brien, Case Number 5D03-3484, a dissolution of marriage case. The use of Spector software or other spyware to monitor real time chats and/or communications on a computer without all parties' consent constitutes an illegal intercept under Florida's Security of Communications Act (Chapter 934) as well as the Federal Wiretap Act found at 18 U.S.C. § 2501, et seq., as amended by Title I of the Electronic Communications Privacy Act of 1986, Pub. L. No. 99-508, Title I, 100 Stat. 1848 (1986). |
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| First Federal Convictions for P2P File Sharing |
| on Wednesday, January 19, 2005 - 09:44 PM Posted by: admin |
| Two men plead guilty to violating copyrights on peer-to-peer networks, marking the first federal criminal convictions for file sharing. According to the Justice Department, William R. Trowbridge, 50, of Johnson City, N.Y., and Michael Chicoine, 47, of San Antonio, each operated an online hub that let people exchange video games, computer programs,digital music and movie files. Both were members of the Underground Network which used Direct Connect software to copy files. The Justice Department stated that the men pleaded guilty because they operated the hubs to obtain valuable infringing works from others. Each faces up to five years in prison and a $250,000 fine. |
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CyberLaw.Info |
| Court Orders More Requirements for P2P Subpoenas |
| on Friday, January 07, 2005 - 05:52 AM Posted by: admin |
The Eighth Circuit Court of Appeals issued a decision today that will stop entertainment corporations from gaining access to the names of people using peer-to-peer (P2P) networks unless the companies file lawsuits against them and furnish actual evidence of copyright infringement.
Read the decision here.
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CyberLaw.Info |
| BeWarez! |
| on Thursday, December 30, 2004 - 05:10 AM Posted by: admin |
| Jathan Desir, 26, of Iowa City, pled guilty on 12/22/04 to copyright infringement and conspiracy charges stemming from his part in "Warez," which is a web ring that distributes pirated software, games, music and movies over the internet. Desir faces up to 15 years in prison and will be sentenced in March, 2005. |
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CyberLaw.Info |
| U.S. Supreme Court to Hear MGM v. Grokster Appeal |
| on Sunday, December 12, 2004 - 11:31 PM Posted by: admin |
On December 10, 2004, the U.S. Supreme Court decided it will hear MGM's appeal in MGM Studios v. Grokster, No. 04-480. Oral argument is set for March, and a decision is expected by July.
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CyberLaw.Info |
| Liability for CyberLibel? |
| on Tuesday, November 30, 2004 - 07:28 AM Posted by: admin |
| In Barrett v. Rosenthal, California Supreme Court [No. S122953], the Supreme Court of California is presently reviewing a decision by the California Court of Appeal, First District, Div. Two [No. A096451], which held Illena Rosenthal, a woman's health advocate, liable for posting a controversial opinion piece on a Usenet news group. The piece was written not by Rosenthal, but by Tim Bolen, a critic of plaintiff Terry Polevoy. |
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| Movie Studios Can't Sue File Sharers Collectively |
| on Wednesday, November 24, 2004 - 07:37 AM Posted by: admin |
| Judge William Alsup, in Twentieth Century Fox Film Corporation et al. v. Does 1-12, Case No. C 04-04862 WHA in the U.S. District Court for the Northern District of California, ruled on November 16, 2004 that plaintiffs, several movie studios, couldn't sue several alleged "John Doe" defendant file sharers collectively in one suit. Instead, they must sue each defendant individually. |
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Read more... (482 bytes more) CyberLaw.Info |
| International Trademark Protection |
| on Thursday, November 18, 2004 - 05:45 AM Posted by: admin |
The U.S. has been a party to the Madrid System, which allows international registration of marks with a single application in the U.S. PTO, since November 2, 2003. The Madrid System is governed by the Madrid Protocol (1891) and WIPO.
As a prerequisite to obtaining an international registration in the U.S. PTO under the Madrid System, the mark must be pending or registered in the U.S. PTO. Subsequently, international registration can be made, prosecuted and approved in the U.S. PTO. Once the mark is internationally registered, additional countries can be added as they become parties to the Madrid System, or the owner of the mark starts using the mark in new countries which are already members. The international registration lasts for 10 years, and can be renewed for additional 10 year periods by paying a single fee to the U.S. PTO.
Note: Mexico and Canada are not members of The Madrid System.
Click "Read more" below to see the list of current members. |
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Read more... (1179 bytes more) CyberLaw.Info |
| 2 Found Guilty of 3 Felony Spam Counts in VA |
| on Thursday, November 04, 2004 - 10:20 PM Posted by: admin |
| Jeremy Jaynes, 30, and his sister Jessica DeGroot, 28, both of the Raleigh, North Carolina, area were both found guilty of three felony charges each for using phony Internet addresses to send large volumes of e-mail ads through an AOL server in Loudoun, Virginia. The jury recommended 9 years in prison for Jaynes, and $7500 in fines for DeGroot for violating Virginia's anti-spam laws. Read the article at The Washington Post (registration required). |
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CyberLaw.Info |
| MPAA to Sue P2P Movie File Sharers |
| on Thursday, November 04, 2004 - 09:53 PM Posted by: admin |
| The Motion Picture Industry of America is getting to ready to launch a series of copyright infringement suits against illegal P2P movie file sharers. Videotaped copies of films in theaters often are digitized or burned off DVDs and then distributed on file-sharing networks accessed with software programs like eDonkey, Kazaa and Grokster. Read the article at U.S.A. Today. |
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CyberLaw.Info |
| Court Requires ISPs to Notice P2P Suspects of Subpoena |
| on Thursday, October 28, 2004 - 12:32 PM Posted by: elliot |
A district court in eastern Pennsylvania has issued an order forcing ISPs to first send their customers detailed notices about the subpoenas, including information about how the accused suspects can contest the subpoenas.
Read the Order here.
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CyberLaw.Info |
| Supreme Court Refuses To Hear Verizon Appeal |
| on Wednesday, October 13, 2004 - 06:21 AM Posted by: elliot |
In December, 2003, the U.S. Court of Appeals for the District of Columbia overturned an earlier lower-court ruling allowing the RIAA et al. to use a provision in the controversial Digital Millennium Copyright Act of 1998 to subpoena the names of suspected P2P file sharers from Verizon, an ISP. Read that decision here.
On Tuesday, October 12, 2004, the Supreme Court refused to hear the appeal, letting the appellate decsision stand. |
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| Alleged Spyware Scammers Sued By FTC |
| on Sunday, October 10, 2004 - 06:40 AM Posted by: elliot |
| In the first case filed against alleged spyware scammers, the FTC charged Seismic Entertainment Productions, Smartbot.Net, and Sanford Wallace with secretly installing spyware on computers causing unstoppable myriads of pop-up ads to be displayed, then sending messages advising "Spy Wiper" or "Spy Deleter" had to be bought for $30 to stop the infection. |
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| BNetD Servers Infringe Blizzard's Copyrights |
| on Saturday, October 02, 2004 - 03:26 PM Posted by: elliot |
| Blizzard, creator and seller of such popular computer games as "StarCraft," "StarCraft: Brood War," "WarCraft II: Battle.net edition," "Diablo," and "Diablo II: Lord of Destruction," sued two individual defendants who are computer programmers, and a systems administrator, for releasing BNetD servers, which allow Blizzard's games to be played in multiplayer mode over the internet. Blizzard contended, inter alia, that defendants, who admitted reverse engineering Blizzard's software, infringed Blizzard's copyrights in their own software and server, Battle.net, circumvented Blizzard's copyright protection technology, engaged in trafficking circumvention technology, and breached Blizzard's EULAs and TOU. |
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| RIAA Files Another 762 P2P File Sharing Lawsuits |
| on Saturday, October 02, 2004 - 05:40 AM Posted by: elliot |
The Recording Industry Association of America ("RIAA") has filed yet another 762 P2P file sharing law suits, bringing the total to approximately 5400 suits to date! The usual settlement price to buy out is $5000.00.
Read the article here. |
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CyberLaw.Info |
| RIAA Files 744 More P2P File Sharing Lawsuits |
| on Friday, August 27, 2004 - 12:23 AM Posted by: elliot |
| 8.26.04. The Recording Industry Association of America (RIAA) has filed an additional 744 P2P file sharing lawsuits over the last several days. |
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| Justice Department Raids P2P File Sharers |
| on Thursday, August 26, 2004 - 05:26 AM Posted by: elliot |
| FBI agents raided residences throughout the USA yesterday which were hubs for the "Underground Network." About 7,000 users connected to the network via file-sharing software known as "Direct Connect." According to law enforcement officials, not only were music files shared, but, also movies not yet released theaters, DVD or video. |
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| What's GNU? |
| on Monday, August 23, 2004 - 09:32 AM Posted by: elliot |
By Elliot Zimmerman, Attorney At Law, Fort Lauderdale, FL
The GNU (“Generally Not Unix”) General Public License (“GPL”), or GNU GPL for short, which can be viewed here, is used by authors who want their works to remain free for others to copy and change. Under the terms of the GNU GPL, the author first copyrights the original work then licenses it to the public to use for free, provided that anyone who redistributes it, with or without changes, must pass along the freedom to further copy and change it.
Sometimes, others add changes to the original work licensed to the public under the terms of the GNU GPL which in and of themselves rise to the level of a new original copyrightable work, and not a derivative of the GNU GPL licensed original.
When can the author of an original computer program, who has licensed the initial work to the public under the terms of the GNU GPL, force others, who have copied and changed the original, to freely distribute the resulting new work with the modifications and additions? |
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| 9th Circuit Affirms Grokster Not Infringer |
| on Thursday, August 19, 2004 - 03:53 PM Posted by: elliot |
| The Ninth Circuit Court of Appeals in MGM v. Grokster et al. declares defendants not liable for indirect copyright infringement in P2P music file sharing cases, upholding the lower court's decision.
Read the decision here. |
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CyberLaw.Info |
| Deceptive Subject Line Emails Illegal in FL |
| on Wednesday, May 26, 2004 - 09:26 PM Posted by: elliot |
On Tuesday, May 25, 2004, Florida Governor Jeb Bush signed bill (SB 2574) giving the attorney general authority to bring civil action against the sender of an email with a deceptive subject line (e.g. the email subject says account overdue, but is actually a sexually explicit ad), or anyone helping the sender, and impose $500 fines for each occurrence.
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CyberLaw.Info |
| P2P File Sharing: Direct and Indirect Copyright Infringement |
| on Monday, April 26, 2004 - 09:35 AM Posted by: elliot |
P2P File Sharing: Direct and Indirect Copyright Infringement, by Elliot Zimmerman, published May, 2004, The Florida Bar Journal, page 40.
Some view the Internet as an abandoned warehouse filled with free pictures, music, video, and text files fixed on a hard disk somewhere out there in cyberspace. Granted, some files are not protected by copyrig | | | | |
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