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Ilaw: News and Views

2008-05-05T17:13:33Z

Snitty: An Amazing Lawsuit, from NPR

==May==

'''An amazing lawsuit''' From [http://www.npr.org/templates/story/story.php?storyId=89990938 NPR] we get the story of Dish Network, and DirectTV. The issue is that the companies who make the converters for those companies may be engaged in a kind of hacking war against each other. It's a long story, but it's well worth a listen, plus, it's a good issue spotter. [[User:Snitty|Snitty]] 13:13, 5 May 2008 (EDT)

'''Richard Stallman replies to Zittrain: âThe root of this problem is software controlled by its developerâ''' [http://bostonreview.net/BR33.2/stallman.php http://bostonreview.net/BR33.2/stallman.php] --[[User:Dominik|Dominik]] 12:22, 5 May 2008 (EDT) 12:21, 5 May 2008 (EDT)

'''EFF Calls on Congress to Investigate Laptop Border Searches''' After the recent 9th Circuit Decision which validated the practice, EFF and other civil rights groups have called on Congress to hold oversight hearings about the Department of Homeland Security's search and seizure of electronic devices at American borders. via [http://www.eff.org/press/archives/2008/05/01] --[[User:MRogers|MRogers]]

'''RIAA: Lighting Up Universities Again''' http://blog.wired.com/27bstroke6/2008/04/riaa-sends-spik.html
A spike in copyright notices has some universities receiving as many notices from the RIAA (one owner) in one day as they used to in one month. Schools now complain that the RIAA has apparently not even bothered to download the allegedly infringing files to verify them because traffic logs do not match the complaint.

==April==

'''Super Mario: Plumbing and Heating''' This is really more trademark dilution than software and internet, but it was too good not to post. A man in the UK started a new company called [http://www.crunchgear.com/2008/04/30/and-the-award-for-best-new-company-name-goes-to/ Super Mario Plumbing and Heating]. Brilliant.

'''Against Cyberproperty''' A plug for a law review article arguing against Cyberproperty. via [http://terranova.blogs.com/terra_nova/2008/04/against-cyberpr.html Terra Nova]

'''ICANN seeks to end Domain Tasting''' We talked about [http://yro.slashdot.org/yro/08/04/29/1822223.shtml this] in class. 20Â¢ doesn't sound like a lot, but the top 3 domain squatters would face bills racking up to $2.2 million a month.

'''Microsoft COFEE''' "Microsoft has developed a small plug-in device that investigators can use to quickly extract forensic data from computers that may have been used in crimes. The COFEE, which stands for Computer Online Forensic Evidence Extractor, is a USB "thumb drive" that was quietly distributed to a handful of law-enforcement agencies last June." [http://seattletimes.nwsource.com/html/microsoft/2004379751_msftlaw29.html Seattle Times]

'''New CAPTCHAs?'''-- Researchers continue to try and stay ahead of crafty bots and bits of code. Some of the latest techniques involve showing a group of images and asking a user to locate the geographic center point of an image. Then, the user is presented with a second image and asked to select one of several words which best describes the picture shown. The idea is to "humanize" the process of human authentication, though at the expense of more difficult (and annoying) devices. [http://arstechnica.com/news.ars/post/20080423-researchers-stay-step-ahead-of-bots-with-image-based-captcha.html Ars Article][http://alipr.com/captcha/ Example of New CAPTCHA] --[[User:DOBrien|DOBrien]] 15:14, 29 April 2008 (EDT)

'''"Making Available" Theory Rejected in ''Atlantic v. Howell''''' -- An Arizona District Court denied summary judgment for the RIAA who argued that by making available allegedly infringing files for download by others, one is violating copyright law, even if no one actually downloads any files. The RIAA's theory of liability was based on the exclusive distribution right. The defendant had stated in a deposition he was unaware KaZaA was sharing files from songs he had ripped from his own CDs on to his computer. The court also indicated in the case that downloads by MediaSentry, the company the RIAA uses to investigate file sharing, was not enough to establish distribution.[http://www.eff.org/files/filenode/atlantic_v_howel/Atlantic%20v%20Howell%20SJ2%20order.pdf Order via EFF] --[[User:DOBrien|DOBrien]] 14:55, 29 April 2008 (EDT)

'''Muxtape''' http://muxtape.com/ "a simple way to create and share mp3 mixtapes" or a "ticking legal time bomb?" via [http://feeds.feedburner.com/~r/blogs/dnxf/~3/263583159/muxtape-and-the.html The 463]

'''The Writers Strike and Copyright''' An excellent analysis of the real issue behind the WGA strike: copyright. [http://lessig.org/blog/prager.pdf pdf] via [http://lessig.org/blog/2008/04/the_most_interesting_part_of_t.html lessig]

'''UMG v. Augusto''' "An eBay seller is taking on Universal Music Group (UMG) in court after the record industry giant targeted his online music sales with false claims of copyright infringement. EFF and the San Francisco law firm of Keker & Van Nest LLP are representing Troy Augusto, whose online auctions included sales of promotional CDs distributed by Universal. Copyright law's "first sale" doctrine makes it clear that the owner of a CD is entitled to resell it without the permission of the copyright holder. Nevertheless, Universal claims that CDs marked as "promotional use only" remain the property of Universal and thus can never be resold." via [http://www.eff.org/cases/umg-v-augusto EFF] [http://www.joystiq.com/2008/04/16/law-of-the-game-on-joystiq-rip-consumer-rights/ Law of the Game Blog Analysis] [[User:Dominik|Dominik]] 11:29, 25 April 2008 (EDT)

[http://www.usatoday.com/tech/news/techpolicy/2008-04-22-InternetBandits_N.htm Cracking the 'Great Firewall' of China's Web censorship]

[http://ap.google.com/article/ALeqM5gu9ZaCyyLpmK4hqelMtZkdBZMpsgD906F8OG0 NJ court requires subpoena for Internet subscriber records] NJ Supreme Court says state constitution goes further than Fourth Amendment

'''9th Circuit Says Laptop Searches at the Borders is Okay''' A few years back, Michael Arnold was stopped by customs after deplaning from a trip to the Philippines at LAX. With him, he had a laptop, six CDs, an external HDD, and a flash drive. The customs officer asked him to boot up his machine, and began browsing the pictures folder on the desktop. The officer eventually found some pictures that appeared to be child porn, and the laptop was seized. Arnold successfully argued to the district court that the search constituted an unreasonable search under the Fourth Amendment, analogizing a laptop to "home" and "the human mind." The 9th Circuit, however, disagreed and pointed to precedent which already allows searches of briefcases, luggage, wallets, purses, pockets, papers found in pockets, pictures, films, and other graphic material. [http://arstechnica.com/news.ars/post/20080423-laptop-searches-at-the-border-no-reason-no-problem.html Ars Article] [http://www.ca9.uscourts.gov/ca9/newopinions.nsf/6D5D931898D8168188257432005AC9B8/$file/0650581.pdf?openelement Opinion]--[[User:DOBrien|DOBrien]] 11:09, 23 April 2008 (EDT)

'''J.K. Rowling sues over online lexicon of Harry Potter characters''' - http://www.cnn.com/2008/CRIME/04/22/sunny.potter/index.html
Everything was fine and dandy till he got a deal to publish in book form!

'''Soviet Domain Name (.su) Resists Death''' - http://www.msnbc.msn.com/id/24204807/
Here, ICANN has been unable to do away with the gaining-in-popularity .su domain.

'''International Star Registry''' - http://www.wired.com/techbiz/media/news/2001/12/49345
Are there many differences between ICANN and the International Star Registry (ISR)? ICANN matches domain names to IP addresses via its proprietary servers, but the blocks of IP addresses are separately assigned (also by ICANN via IANA). ISR lets you name stars that otherwise have official names assigned by the International Astronomical Union. What will happen when IPv6 is fully implemented and IP addresses become "cheaper" and harder to remember? There are several theoretical tiers of Internet that may be built without regard to implementing official standards. This includes "private" RFCs to build non-interoperable networks on top of the Internet for exclusive use.

'''Blockbuster Lawsuit Over Facebook's Beacon''' -- A Texas woman filed suit against Blockbuster claiming a privacy rights violation when Blockbuster transmitted her rental information to Facebook. According to an article, the plaintiff cites the Video Privacy Protection Act which prohibits the disclosure of video rental and sale information. [http://publications.mediapost.com/index.cfm?fuseaction=Articles.san&s=80839&Nid=41637&p=918739 Article] --[[User:DOBrien|DOBrien]] 15:14, 18 April 2008 (EDT)

United Nations sends [http://www.nationstates.net/unlegal.pdf Cease & Desist letter] to [http://www.maxbarry.com/2008/04/02/news.html NationStates] web game, citing violation of Trademark law.

Oregon claims copyright on their statutes, [http://www.scribd.com/groups/documents/7303-oregon-legislative-counsel?type=newest Take down notices], [http://arstechnica.com/news.ars/post/20080416-oregon-publishing-our-laws-online-is-a-copyright-violation.html Ars Technica's take on the situation] [http://www.boingboing.net/2008/04/15/oregon-our-laws-are.html boingboing]

[http://homepages.cs.ncl.ac.uk/jeff.yan/msn.htm A Low-cost Attack on a Microsoft CAPTCHA] Captchas captured

[http://blog.wired.com/27bstroke6/2008/04/fbi-director-ci.html FBI Caused Delay in Terror Case Ahead of Senate Testimony] Did FBI manufacture evidence to get NSL power?

[http://www.wired.com/gadgets/mods/news/2008/04/chumby_hackers Programmers, DIY Types Embrace Soft, Hackable Chumby] Hack a Chumby

[http://isc.sans.org/diary.html?storyid=4289 A Federal Subpoena or Just Some More Spam & Malware?] Scammers target CEOs with drive-by downloads

[http://www.conversationmarketing.com/2008/04/linkadage-selling-edu-blog-space.htm LinkAdage Selling .EDU Blog Space: It's Evil] Rent-a-.edu blog

'''Mac Clones''' -- PsyStar Corp., a Miami company, announced it is offering a Mac Clone called "OpenMac" for $399. The machine is an Intel-based platform configured to run OSX 10.5 (Leopard). Using the EFI v8 emulator, Leopard can be installed directly from DVDs purchased from the Apple Store. The announcement generated such a (positive) response from the tech community that PsyStar's website went dark after from the influx of traffic. At issue now is the EULA on the OS X software, which expressly prohbits installing OSX on non-Apple hardware ("You agree not to install, use, or run the Apple Software on any non-Apple-labled computer, or to enable others to do so...").[http://www.psystar.com/ PsyStar Website] [http://images.apple.com/legal/sla/docs/macosx105.pdf OS X EULA] [http://www.engadget.com/2008/04/14/psystar-site-goes-down-under-load-apple-lawyers-seen-shopping-f/ Engadget Article]--[[User:DOBrien|DOBrien]] 14:39, 15 April 2008 (EDT)
*[http://www.wired.com/gadgets/mac/news/2008/04/apple_psystar?currentPage=2 A bad legal analysis?]
*[http://gizmodo.com/380488/psystar-exposed-looks-like-a-hoax PsyStar Hoax? Questions continue]
*[http://gizmodo.com/384526/exclusive-video-psystar-in-the-wild PsyStar Computers Shown on Video, Apparently Not a Hoax]

'''No Attorney's Fees For You''' -- When Roland Amurao was accused of copyright infringement, he chose not to take advantage of a pre-litigation settlement offer from the RIAA. Instead, the RIAA brought him to court. After some investigation, they realized they had sued the wrong person. In fact, Amurao's adult daughter was responsible for the allegedly infringing activities. The lawsuit was dismissed with prejudice last Friday, but Amurao was not awarded attorney's fees despite his efforts arguing for them. Amurao finds himself in the curious position of being the prevailing party in a copyright infringement case, where the RIAA admittedly sued the wrong person, and left Amurao with a huge stack of legal fees. Arguments in the case also arose concerning MediaSentry's role as an investigator, which drew attention from the EFF. [http://recordingindustryvspeople.blogspot.com/2008/01/riaa-withdraws-lava-v-amurao-case.html Summary of Motions Filed][http://recordingindustryvspeople.blogspot.com/2008/04/in-lava-v-amurao-case-closed-all.html Friday's Outcome][http://www.eff.org/cases/lava-v-amurao EFF Article] --[[User:DOBrien|DOBrien]] 11:35, 14 April 2008 (EDT)

An analysis of industry streaming video site Hulu's Business Model. http://www.alleyinsider.com/2008/3/hulu_launches_great_product_still_screwed --[[User:Dominik|Dominik]]

BU Music Downloaders win round in court http://www.boston.com/news/local/articles/2008/04/04/music_downloaders_win_round_in_court/

Facebook sued by claimed co-developer http://www.bloomberg.com/apps/news?pid=20601103&sid=ariFOMVAXrZw&refer=us

'''Couple Sues Google Over Use of Image in Google Maps''' A man and woman (the Borings) in Pittsburgh were upset over Google's use of an image of their home. Google introduced "street view" in 2007, a feature in [http://maps.google.com Google Maps] that allows you to see images at street level. The pictures are captured by vans which drive around with mounted cameras. The couple is suing for, inter alia, invasion of privacy, trespass, and conversion, claiming the images caused the value of their home to decrease and caused mental suffering. The image has since been [http://maps.google.com/maps?f=q&hl=en&geocode=&q=1658+Oakridge+Ln,+Pittsburgh,+PA&sll=40.578531,-80.079947&sspn=0.011457,0.020084&layer=c&ie=UTF8&ll=40.578531,-80.079947&spn=0.011457,0.020084&t=h&z=16&cbll=40.575645,-80.079953 removed]. [http://www.thesmokinggun.com/archive/years/2008/0404081google1.html TSG Article, with Complaint and Pics]--[[User:DOBrien|DOBrien]] 11:18, 5 April 2008 (EDT)

'''A Professor at the Univesity of Florida''' [http://www.boingboing.net/2008/04/04/university-prof-says.html is claiming a copyright] in his class lectures, and, as a result, students' notes from his class, as they are, he claims, derivative works. He's going after people who commercialize students notes, which Corey Doctorow seems to think is ethically murky. I say fair use, but then again, my notes usually contain snarky comments about the cases, making them more transformative than most students'. [[User:Snitty|Snitty]] 17:15, 4 April 2008 (EDT)

Gertner rules that Boston University cannot turn over student information to the evil record companies - at least not yet. Take that, RIAA. [http://www.boston.com/news/local/massachusetts/articles/2008/04/04/music_downloaders_win_round_in_court/?p1=Well_MostPop_Emailed7]--[[User:Chriswurster|Chriswurster]]

9th Circuit rules that roommates.com cannot require users to disclose their sexual orientation. [http://www.reuters.com/article/topNews/idUSN0347688720080403?feedType=RSS&feedName=topNews&rpc=22&sp=true]

Update on the Craigslist house ransacking incident - perps caught. [http://www.cbsnews.com/stories/2008/03/28/60minutes/main3976928.shtml]

'''Second Life Seeks to Reassure Congress it Can Police Itself''' Second Life, an online virtual world, was represented at a House hearing recently. Founder Phillip Rosedale appeared with other virtual reality experts to answer questions about the legal aspects of a virtual world on illegal activity and the company's ability to police such activity. Virtual worlds and other MMORPGs, have become incredibly popular among gamers. The article failed to raise some interesting questions, especially: What exactly is the legal status of virtual property? Could a user have potential legal remedies against other users for civil wrongs? And what are the jurisdictional problems inherent in such a world? Does the law even have a place in a virtual world? These questions, and many others, will be the subject of debate in years to come. [http://www.reuters.com/article/politicsNews/idUSN0129847720080401?pageNumber=1&virtualBrandChannel=0 Reuters Article]--[[User:DOBrien|DOBrien]] 20:47, 1 April 2008 (EDT)

Blizzard is [http://news.bbc.co.uk/2/hi/technology/7314353.stm suing] the creator of a bot program for use with World of Warcraft for breach of contract and copyright infringement. My guess is, not having seen the complaint, that they are alleging that when he violated his license by creating and using a bot he relinquished his right to copy the program into RAM, and from that comes the copyright infringement. The other part of this is the shrinkwrap license, but again, without the filings it's hard to know what's really going on. [[User:129.10.173.46|129.10.173.46]] 20:12, 1 April 2008 (EDT)

T-Mobile is suing Engadget Mobile for [http://www.engadget.com/2008/03/31/deutsche-telekom-t-mobile-demands-engadget-mobile-discontinue/ trademark infringement] of the color magenta. Specifically of 0xED008C. You can have trademark or trade dress protection in a color, but does T-Mobile rise to that level? [[User:Snitty|Snitty]] 18:27, 1 April 2008 (EDT)

==March==

The United Nations-based World Intellectual Property Organization ousted a record number of "cybersquatters" from Web sites with domain names referring to trademarked companies, foundations, and celebrities in 2007. [http://news.zdnet.com/2100-9588_22-6235857.html]--[[User:Chriswurster|Chriswurster]] 15:57, 28 March 2008 (EDT)

'''Comcast Announces Reconfiguration of Traffic Management''' In a press release today, Comcast announced it is undertaking an effort to work with BitTorrent, and other third parties, concerning traffic shaping techniques they have been openly using across their network infastructure. Since May 2007, it has been widely known that Comcast has implemented technology which effectively hindered the use of certain protocols, namely those which utilize BitTorrent and other P2P networks. The technology injects TCP RST packets into streams, causing users to drop connections to peers. The rationale is that these protocols use a significant amount of bandwith, which arguably affects stream rates of other users and congests networks. In today's press release, Comcast noted it will be "migrat[ing] by year-end to a capacity management technique that is protocol agnostic." [http://www.comcast.com/About/PressRelease/PressReleaseDetail.ashx?PRID=740 Press Release]--[[User:DOBrien|DOBrien]] 17:07, 27 March 2008 (EDT)

'''Court holds against student copyrights to papers submitted to plagiarism scanner.''' A number of schools have begun using "automated plagiarism scanners" to detect plagiarized work in student papers, like [http://turnitin.com/static/home.html. turnitin.com]. Students submit their work online and must agree to a clickwrap license agreement before submission. The scanner automates the plagiarism detection and generates a "originality report." Under the agreement, students' papers were also being archived on the database for use by the scanner for future originality reports. The students claimed the agreement was unenforceable and constituted copyright infringement on their papers. The court held the clickwrap agreement was enforceable over the students' arguments of infancy and duress. The court also found that even if the contract was unenforceable, the use of the papers constituted fair use. [http://www.iparadigms.com/iParadigms_03-11-08_Opinion.pdf Opinion] [http://arstechnica.com/news.ars/post/20080326-plagiarism-screener-gets-passing-grade-in-copyright-lawsuit.html Ars Technica Article]--[[User:DOBrien|DOBrien]] 09:03, 26 March 2008 (EDT)

The LATimes interviewed [http://latimesblogs.latimes.com/webscout/2008/03/rick-astley-kin.html Rick Astley] about his eponymous internet meme. [[User:Snitty|Snitty]] 08:16, 26 March 2008 (EDT)

Some [http://www.crunchgear.com/2008/03/25/craigslist-hoax-turns-out-to-be-pretty-craptastic/ Poor Sap] had an enemy post on Craig's List that all this guy's belongings were up for grabs. He got home to find 30 some odd people ransacking his house and refusing to give his belongings back, waiving their craigs list ads as proof that they had the right to take the stuff. So, is the anonymous poster allowed to keep his anonymity despite inducing 30 odd people to commit burglary? [[User:Snitty|Snitty]] 14:39, 25 March 2008 (EDT)

The [http://www.nytimes.com/2008/03/24/business/media/24rick.html?_r=1&scp=1&sq=rick+astley&st=nyt&oref=slogin New York Times] ran an article about Rickrolling. Yes, that is a link to the article. [[User:Snitty|Snitty]] 08:14, 24 March 2008 (EDT)

In a baffling interpretation of law [http://www.boingboing.net/2008/03/21/wwii-bomber-trademar.html certain companies] have been using the DMCA to coerce websites to take down 3D models of the companies products, claiming that these models, which are not being used in commerce, are violating the companies trademark. The companies are conveniently ignoring both that there is no trademark infringement, and that the DMCA is a copyright act. [[User:Snitty|Snitty]] 14:47, 22 March 2008 (EDT)

[http://www.betaleaks.com/ BetaLeaks], a website specifically set up to solicit NDA-breaking information from beta testers of upcoming MMOGS and other online games. One blogger's [http://tobolds.blogspot.com/2008/03/beta-leaks.html analysis]. --[[User:Dominik|Dominik]] 16:40, 20 March 2008 (EDT)

'''Dismissal of Fair Housing Discrimination Lawsuit Against Craigslist Affirmed by 7th Circuit''' A few years ago, a consortium of Chicago attorneys sued [http://www.craigslist.org Craigslist] alleging violations of the Fair Housing Act via rental postings which contained phrases such as "NO MINORITIES" and "no children." Read some of the background [http://www.craigslist.org/about/fair.housing.html here]. The District Court dismissed the suit 14 November 2006, holding that Craigslist was not liable since it could not be "a publisher" of content provided by its users. The 7th Circuit affirmed. Read Chief Judge Easterbrook's opinion [http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=rss_sho&shofile=07-1101_021.pdf here]. --[[User:DOBrien|DOBrien]] 19:39, 14 March 2008 (EDT)

[http://www.yaledailynews.com/articles/view/23938 Yale is considering blocking JuicyCampus.com] an internet gossip site. The site itself raises interesting questions about liable and anonymity on the Internet. March 10, 2008.

[http://www.abc.net.au/news/stories/2008/03/06/2181828.htm Australian Government sticks to guns on internet porn filters], March 6, 2008
The new Labor Government has proposed ... a clean feed. That means under law, your internet service provider
(ISP) must, if requested, provide a family friendly service that filters out X-rated pornography.

[http://bits.blogs.nytimes.com/2008/03/05/bank-asks-judge-to-dismiss-its-suit-against-wikileaks-site/index.html?th&emc=th Bank Moves to Withdraw Its Suit Against Wikileaks Site], March 5, 2008

[http://www.denverpost.com/breakingnews/ci_8455504 DIA keeps Wi-Fi on the mild side]: Denver International Airport filters its WiFi.

Ratemycop.com gets shutdown by its provider: http://blog.wired.com/27bstroke6/2008/03/godaddy-silence.html

==In-Class References==
===March 10===

*[http://www.ripe.net/news/study-youtube-hijacking.html RIPE analysis on the Pakistani YouTube "hijacking"]: video diagramming the traffic mis-routed to the Pakistan ISP
* [http://www.theatlantic.com/doc/200803/chinese-firewall âThe Connection Has Been Resetâ], Atlantic Monthly on the Chinese Firewall
* [http://quova.com/ Quova location tracking]
* [https://torproject.org/ Tor anonymizing software and network]

===March 12===
* Whois tools: http://uwhois.com/ or http://whois.domaintools.com/
* http://www.nytimes.com/ref/topnews/blog-index.html
* http://juicycampus.com/privacy_policy.php

===March 17===
* Image search, cute cats or infringement?: http://images.google.com/images?gbv=2&hl=en&q=kittens
* Bonsai Kitten: http://en.wikipedia.org/wiki/Bonsai_Kitten

===March 19===
* [http://www.internetnews.com/article.php/3734866/Open+Source+Group+is+4+For+4+on+GPL+Lawsuits.htm Open Source Group is 4 For 4 on GPL Lawsuits]
* [http://commons.wikimedia.org/wiki/Commons:Upload Wikimedia Commons: Upload]
* Sequoia an electronic voting machine maker is threatening to sue over the possibility of people checking the security of their machines in New Jersey http://www.freedom-to-tinker.com/?p=1265

===March 24===
* [http://youtube.com/watch?v=BqxqYiptNe0 Betamax Commercial]

===March 26===
* [http://scrabulous.com/ Scrabulous] and [http://67.19.18.90/newimages/screenshot.gif screenshot]
* [http://flickr.com/photos/clovil/2359335809/ Scrabble]
* [http://www.copyright.gov/fls/fl108.html Copyright office circular re: games]
* [http://www.usdoj.gov/atr/cases/f219100/219126.htm Full Felten Report]

===March 31===
* http://www.google.com/search?q=google%20hacking
* http://www.cs.cmu.edu/~dst/DeCSS/Gallery/
* http://kaleidescape.com/

===April 9===
* http://mailinator.com/
* http://en.wikipedia.org/wiki/PeerGuardian
* http://www.bugmenot.com/
* http://images.google.com/images?q=moose&rls=com.microsoft:en-us&ie=UTF-8&oe=UTF-8&um=1

===April 16===
* http://www.dellago.net/
* http://www.register.com/addDomain.rcmx?addSingleDomain=Dellago.net
* http://www.register.com/product/domain/searchresults.rcmx;jsessionid=53D0F1135BD5B28AE3DC870DC25522A6.janus-production?action=searchresults&formName=box&searchString=dellcomputers&selectedTLDs=.com

* OSX EULA http://images.apple.com/legal/sla/docs/macosx105.pdf

===April 23===

* http://dvd.search.ebay.com/manson_DVDs-Movies_W0QQcatrefZC2QQfromZR40QQsacatZ11232QQtrgZ11233
* http://www.copyright.gov/onlinesp/list/index.html
* http://www.hp-lexicon.org/hogwarts/houses/gryffindor.html

===April 28===
* http://youtube.com/watch?v=anwy2MPT5RE The SPAM skit
* http://en.wikipedia.org/wiki/Captcha
* http://twitter.com/robots.txt Twitter robots.txt
* http://groups.google.com/group/twitter-development-talk/web/api-documentation Twitter API
* http://www.whitehouse.gov/robots.txt

===April 30===
* http://public.resource.org/court_cases.html
* http://riya.com/index?btnSearch=people
* http://en.wikipedia.org/wiki/Slashdot_effect
* http://www.google.com.au/search?hl=en&client=firefox-a&rls=org.mozilla%3Aen-US%3Aofficial&hs=LvY&q=cozyhome+bi-fold+doors&btnG=Search
* http://www.google.com/dmca.html
* http://www.chillingeffects.org/search-comparator/search.php?se=google.co.uk&q1=Natwest%20Fraud

===Student Submissions===
* Larry Lessig leverages latent challenges against legislators via Wiki: [http://blog.wired.com/27bstroke6/2008/03/stanford-law-pr.html Rating Legislators via Wiki]

* Creative Labs has not prepared software drivers for its products to work under Windows Vista - What happens when a person known as Daniel_K writes and distributes unofficial drivers? He gets a takedown notice! [http://forums.creative.com/creativelabs/board/message?board.id=soundblaster&thread.id=116332 Stop helping us, or we'll sue]

Ilaw: News and Views

2008-04-30T19:25:14Z

Snitty: /* April */ Super Mario Plumbing and Heating

==April==

'''Super Mario: Plumbing and Heating''' This is really more trademark dilution than software and internet, but it was too good not to post. A man in the UK started a new company called [http://www.crunchgear.com/2008/04/30/and-the-award-for-best-new-company-name-goes-to/ Super Mario Plumbing and Heating]. Brilliant.

'''Against Cyberproperty''' A plug for a law review article arguing against Cyberproperty. via [http://terranova.blogs.com/terra_nova/2008/04/against-cyberpr.html Terra Nova]

'''ICANN seeks to end Domain Tasting''' We talked about [http://yro.slashdot.org/yro/08/04/29/1822223.shtml this] in class. 20Â¢ doesn't sound like a lot, but the top 3 domain squatters would face bills racking up to $2.2 million a month.

'''Microsoft COFEE''' "Microsoft has developed a small plug-in device that investigators can use to quickly extract forensic data from computers that may have been used in crimes. The COFEE, which stands for Computer Online Forensic Evidence Extractor, is a USB "thumb drive" that was quietly distributed to a handful of law-enforcement agencies last June." [http://seattletimes.nwsource.com/html/microsoft/2004379751_msftlaw29.html Seattle Times]

'''New CAPTCHAs?'''-- Researchers continue to try and stay ahead of crafty bots and bits of code. Some of the latest techniques involve showing a group of images and asking a user to locate the geographic center point of an image. Then, the user is presented with a second image and asked to select one of several words which best describes the picture shown. The idea is to "humanize" the process of human authentication, though at the expense of more difficult (and annoying) devices. [http://arstechnica.com/news.ars/post/20080423-researchers-stay-step-ahead-of-bots-with-image-based-captcha.html Ars Article][http://alipr.com/captcha/ Example of New CAPTCHA] --[[User:DOBrien|DOBrien]] 15:14, 29 April 2008 (EDT)

'''"Making Available" Theory Rejected in ''Atlantic v. Howell''''' -- An Arizona District Court denied summary judgment for the RIAA who argued that by making available allegedly infringing files for download by others, one is violating copyright law, even if no one actually downloads any files. The RIAA's theory of liability was based on the exclusive distribution right. The defendant had stated in a deposition he was unaware KaZaA was sharing files from songs he had ripped from his own CDs on to his computer. The court also indicated in the case that downloads by MediaSentry, the company the RIAA uses to investigate file sharing, was not enough to establish distribution.[http://www.eff.org/files/filenode/atlantic_v_howel/Atlantic%20v%20Howell%20SJ2%20order.pdf Order via EFF] --[[User:DOBrien|DOBrien]] 14:55, 29 April 2008 (EDT)

'''Muxtape''' http://muxtape.com/ "a simple way to create and share mp3 mixtapes" or a "ticking legal time bomb?" via [http://feeds.feedburner.com/~r/blogs/dnxf/~3/263583159/muxtape-and-the.html The 463]

'''The Writers Strike and Copyright''' An excellent analysis of the real issue behind the WGA strike: copyright. [http://lessig.org/blog/prager.pdf pdf] via [http://lessig.org/blog/2008/04/the_most_interesting_part_of_t.html lessig]

'''UMG v. Augusto''' "An eBay seller is taking on Universal Music Group (UMG) in court after the record industry giant targeted his online music sales with false claims of copyright infringement. EFF and the San Francisco law firm of Keker & Van Nest LLP are representing Troy Augusto, whose online auctions included sales of promotional CDs distributed by Universal. Copyright law's "first sale" doctrine makes it clear that the owner of a CD is entitled to resell it without the permission of the copyright holder. Nevertheless, Universal claims that CDs marked as "promotional use only" remain the property of Universal and thus can never be resold." via [http://www.eff.org/cases/umg-v-augusto EFF] [http://www.joystiq.com/2008/04/16/law-of-the-game-on-joystiq-rip-consumer-rights/ Law of the Game Blog Analysis] [[User:Dominik|Dominik]] 11:29, 25 April 2008 (EDT)

[http://www.usatoday.com/tech/news/techpolicy/2008-04-22-InternetBandits_N.htm Cracking the 'Great Firewall' of China's Web censorship]

[http://ap.google.com/article/ALeqM5gu9ZaCyyLpmK4hqelMtZkdBZMpsgD906F8OG0 NJ court requires subpoena for Internet subscriber records] NJ Supreme Court says state constitution goes further than Fourth Amendment

'''9th Circuit Says Laptop Searches at the Borders is Okay''' A few years back, Michael Arnold was stopped by customs after deplaning from a trip to the Philippines at LAX. With him, he had a laptop, six CDs, an external HDD, and a flash drive. The customs officer asked him to boot up his machine, and began browsing the pictures folder on the desktop. The officer eventually found some pictures that appeared to be child porn, and the laptop was seized. Arnold successfully argued to the district court that the search constituted an unreasonable search under the Fourth Amendment, analogizing a laptop to "home" and "the human mind." The 9th Circuit, however, disagreed and pointed to precedent which already allows searches of briefcases, luggage, wallets, purses, pockets, papers found in pockets, pictures, films, and other graphic material. [http://arstechnica.com/news.ars/post/20080423-laptop-searches-at-the-border-no-reason-no-problem.html Ars Article] [http://www.ca9.uscourts.gov/ca9/newopinions.nsf/6D5D931898D8168188257432005AC9B8/$file/0650581.pdf?openelement Opinion]--[[User:DOBrien|DOBrien]] 11:09, 23 April 2008 (EDT)

'''J.K. Rowling sues over online lexicon of Harry Potter characters''' - http://www.cnn.com/2008/CRIME/04/22/sunny.potter/index.html
Everything was fine and dandy till he got a deal to publish in book form!

'''Soviet Domain Name (.su) Resists Death''' - http://www.msnbc.msn.com/id/24204807/
Here, ICANN has been unable to do away with the gaining-in-popularity .su domain.

'''International Star Registry''' - http://www.wired.com/techbiz/media/news/2001/12/49345
Are there many differences between ICANN and the International Star Registry (ISR)? ICANN matches domain names to IP addresses via its proprietary servers, but the blocks of IP addresses are separately assigned (also by ICANN via IANA). ISR lets you name stars that otherwise have official names assigned by the International Astronomical Union. What will happen when IPv6 is fully implemented and IP addresses become "cheaper" and harder to remember? There are several theoretical tiers of Internet that may be built without regard to implementing official standards. This includes "private" RFCs to build non-interoperable networks on top of the Internet for exclusive use.

'''Blockbuster Lawsuit Over Facebook's Beacon''' -- A Texas woman filed suit against Blockbuster claiming a privacy rights violation when Blockbuster transmitted her rental information to Facebook. According to an article, the plaintiff cites the Video Privacy Protection Act which prohibits the disclosure of video rental and sale information. [http://publications.mediapost.com/index.cfm?fuseaction=Articles.san&s=80839&Nid=41637&p=918739 Article] --[[User:DOBrien|DOBrien]] 15:14, 18 April 2008 (EDT)

United Nations sends [http://www.nationstates.net/unlegal.pdf Cease & Desist letter] to [http://www.maxbarry.com/2008/04/02/news.html NationStates] web game, citing violation of Trademark law.

Oregon claims copyright on their statutes, [http://www.scribd.com/groups/documents/7303-oregon-legislative-counsel?type=newest Take down notices], [http://arstechnica.com/news.ars/post/20080416-oregon-publishing-our-laws-online-is-a-copyright-violation.html Ars Technica's take on the situation] [http://www.boingboing.net/2008/04/15/oregon-our-laws-are.html boingboing]

[http://homepages.cs.ncl.ac.uk/jeff.yan/msn.htm A Low-cost Attack on a Microsoft CAPTCHA] Captchas captured

[http://blog.wired.com/27bstroke6/2008/04/fbi-director-ci.html FBI Caused Delay in Terror Case Ahead of Senate Testimony] Did FBI manufacture evidence to get NSL power?

[http://www.wired.com/gadgets/mods/news/2008/04/chumby_hackers Programmers, DIY Types Embrace Soft, Hackable Chumby] Hack a Chumby

[http://isc.sans.org/diary.html?storyid=4289 A Federal Subpoena or Just Some More Spam & Malware?] Scammers target CEOs with drive-by downloads

[http://www.conversationmarketing.com/2008/04/linkadage-selling-edu-blog-space.htm LinkAdage Selling .EDU Blog Space: It's Evil] Rent-a-.edu blog

'''Mac Clones''' -- PsyStar Corp., a Miami company, announced it is offering a Mac Clone called "OpenMac" for $399. The machine is an Intel-based platform configured to run OSX 10.5 (Leopard). Using the EFI v8 emulator, Leopard can be installed directly from DVDs purchased from the Apple Store. The announcement generated such a (positive) response from the tech community that PsyStar's website went dark after from the influx of traffic. At issue now is the EULA on the OS X software, which expressly prohbits installing OSX on non-Apple hardware ("You agree not to install, use, or run the Apple Software on any non-Apple-labled computer, or to enable others to do so...").[http://www.psystar.com/ PsyStar Website] [http://images.apple.com/legal/sla/docs/macosx105.pdf OS X EULA] [http://www.engadget.com/2008/04/14/psystar-site-goes-down-under-load-apple-lawyers-seen-shopping-f/ Engadget Article]--[[User:DOBrien|DOBrien]] 14:39, 15 April 2008 (EDT)
*[http://www.wired.com/gadgets/mac/news/2008/04/apple_psystar?currentPage=2 A bad legal analysis?]
*[http://gizmodo.com/380488/psystar-exposed-looks-like-a-hoax PsyStar Hoax? Questions continue]

'''No Attorney's Fees For You''' -- When Roland Amurao was accused of copyright infringement, he chose not to take advantage of a pre-litigation settlement offer from the RIAA. Instead, the RIAA brought him to court. After some investigation, they realized they had sued the wrong person. In fact, Amurao's adult daughter was responsible for the allegedly infringing activities. The lawsuit was dismissed with prejudice last Friday, but Amurao was not awarded attorney's fees despite his efforts arguing for them. Amurao finds himself in the curious position of being the prevailing party in a copyright infringement case, where the RIAA admittedly sued the wrong person, and left Amurao with a huge stack of legal fees. Arguments in the case also arose concerning MediaSentry's role as an investigator, which drew attention from the EFF. [http://recordingindustryvspeople.blogspot.com/2008/01/riaa-withdraws-lava-v-amurao-case.html Summary of Motions Filed][http://recordingindustryvspeople.blogspot.com/2008/04/in-lava-v-amurao-case-closed-all.html Friday's Outcome][http://www.eff.org/cases/lava-v-amurao EFF Article] --[[User:DOBrien|DOBrien]] 11:35, 14 April 2008 (EDT)

An analysis of industry streaming video site Hulu's Business Model. http://www.alleyinsider.com/2008/3/hulu_launches_great_product_still_screwed --[[User:Dominik|Dominik]]

BU Music Downloaders win round in court http://www.boston.com/news/local/articles/2008/04/04/music_downloaders_win_round_in_court/

Facebook sued by claimed co-developer http://www.bloomberg.com/apps/news?pid=20601103&sid=ariFOMVAXrZw&refer=us

'''Couple Sues Google Over Use of Image in Google Maps''' A man and woman (the Borings) in Pittsburgh were upset over Google's use of an image of their home. Google introduced "street view" in 2007, a feature in [http://maps.google.com Google Maps] that allows you to see images at street level. The pictures are captured by vans which drive around with mounted cameras. The couple is suing for, inter alia, invasion of privacy, trespass, and conversion, claiming the images caused the value of their home to decrease and caused mental suffering. The image has since been [http://maps.google.com/maps?f=q&hl=en&geocode=&q=1658+Oakridge+Ln,+Pittsburgh,+PA&sll=40.578531,-80.079947&sspn=0.011457,0.020084&layer=c&ie=UTF8&ll=40.578531,-80.079947&spn=0.011457,0.020084&t=h&z=16&cbll=40.575645,-80.079953 removed]. [http://www.thesmokinggun.com/archive/years/2008/0404081google1.html TSG Article, with Complaint and Pics]--[[User:DOBrien|DOBrien]] 11:18, 5 April 2008 (EDT)

'''A Professor at the Univesity of Florida''' [http://www.boingboing.net/2008/04/04/university-prof-says.html is claiming a copyright] in his class lectures, and, as a result, students' notes from his class, as they are, he claims, derivative works. He's going after people who commercialize students notes, which Corey Doctorow seems to think is ethically murky. I say fair use, but then again, my notes usually contain snarky comments about the cases, making them more transformative than most students'. [[User:Snitty|Snitty]] 17:15, 4 April 2008 (EDT)

Gertner rules that Boston University cannot turn over student information to the evil record companies - at least not yet. Take that, RIAA. [http://www.boston.com/news/local/massachusetts/articles/2008/04/04/music_downloaders_win_round_in_court/?p1=Well_MostPop_Emailed7]--[[User:Chriswurster|Chriswurster]]

9th Circuit rules that roommates.com cannot require users to disclose their sexual orientation. [http://www.reuters.com/article/topNews/idUSN0347688720080403?feedType=RSS&feedName=topNews&rpc=22&sp=true]

Update on the Craigslist house ransacking incident - perps caught. [http://www.cbsnews.com/stories/2008/03/28/60minutes/main3976928.shtml]

'''Second Life Seeks to Reassure Congress it Can Police Itself''' Second Life, an online virtual world, was represented at a House hearing recently. Founder Phillip Rosedale appeared with other virtual reality experts to answer questions about the legal aspects of a virtual world on illegal activity and the company's ability to police such activity. Virtual worlds and other MMORPGs, have become incredibly popular among gamers. The article failed to raise some interesting questions, especially: What exactly is the legal status of virtual property? Could a user have potential legal remedies against other users for civil wrongs? And what are the jurisdictional problems inherent in such a world? Does the law even have a place in a virtual world? These questions, and many others, will be the subject of debate in years to come. [http://www.reuters.com/article/politicsNews/idUSN0129847720080401?pageNumber=1&virtualBrandChannel=0 Reuters Article]--[[User:DOBrien|DOBrien]] 20:47, 1 April 2008 (EDT)

Blizzard is [http://news.bbc.co.uk/2/hi/technology/7314353.stm suing] the creator of a bot program for use with World of Warcraft for breach of contract and copyright infringement. My guess is, not having seen the complaint, that they are alleging that when he violated his license by creating and using a bot he relinquished his right to copy the program into RAM, and from that comes the copyright infringement. The other part of this is the shrinkwrap license, but again, without the filings it's hard to know what's really going on. [[User:129.10.173.46|129.10.173.46]] 20:12, 1 April 2008 (EDT)

T-Mobile is suing Engadget Mobile for [http://www.engadget.com/2008/03/31/deutsche-telekom-t-mobile-demands-engadget-mobile-discontinue/ trademark infringement] of the color magenta. Specifically of 0xED008C. You can have trademark or trade dress protection in a color, but does T-Mobile rise to that level? [[User:Snitty|Snitty]] 18:27, 1 April 2008 (EDT)

==March==

The United Nations-based World Intellectual Property Organization ousted a record number of "cybersquatters" from Web sites with domain names referring to trademarked companies, foundations, and celebrities in 2007. [http://news.zdnet.com/2100-9588_22-6235857.html]--[[User:Chriswurster|Chriswurster]] 15:57, 28 March 2008 (EDT)

'''Comcast Announces Reconfiguration of Traffic Management''' In a press release today, Comcast announced it is undertaking an effort to work with BitTorrent, and other third parties, concerning traffic shaping techniques they have been openly using across their network infastructure. Since May 2007, it has been widely known that Comcast has implemented technology which effectively hindered the use of certain protocols, namely those which utilize BitTorrent and other P2P networks. The technology injects TCP RST packets into streams, causing users to drop connections to peers. The rationale is that these protocols use a significant amount of bandwith, which arguably affects stream rates of other users and congests networks. In today's press release, Comcast noted it will be "migrat[ing] by year-end to a capacity management technique that is protocol agnostic." [http://www.comcast.com/About/PressRelease/PressReleaseDetail.ashx?PRID=740 Press Release]--[[User:DOBrien|DOBrien]] 17:07, 27 March 2008 (EDT)

'''Court holds against student copyrights to papers submitted to plagiarism scanner.''' A number of schools have begun using "automated plagiarism scanners" to detect plagiarized work in student papers, like [http://turnitin.com/static/home.html. turnitin.com]. Students submit their work online and must agree to a clickwrap license agreement before submission. The scanner automates the plagiarism detection and generates a "originality report." Under the agreement, students' papers were also being archived on the database for use by the scanner for future originality reports. The students claimed the agreement was unenforceable and constituted copyright infringement on their papers. The court held the clickwrap agreement was enforceable over the students' arguments of infancy and duress. The court also found that even if the contract was unenforceable, the use of the papers constituted fair use. [http://www.iparadigms.com/iParadigms_03-11-08_Opinion.pdf Opinion] [http://arstechnica.com/news.ars/post/20080326-plagiarism-screener-gets-passing-grade-in-copyright-lawsuit.html Ars Technica Article]--[[User:DOBrien|DOBrien]] 09:03, 26 March 2008 (EDT)

The LATimes interviewed [http://latimesblogs.latimes.com/webscout/2008/03/rick-astley-kin.html Rick Astley] about his eponymous internet meme. [[User:Snitty|Snitty]] 08:16, 26 March 2008 (EDT)

Some [http://www.crunchgear.com/2008/03/25/craigslist-hoax-turns-out-to-be-pretty-craptastic/ Poor Sap] had an enemy post on Craig's List that all this guy's belongings were up for grabs. He got home to find 30 some odd people ransacking his house and refusing to give his belongings back, waiving their craigs list ads as proof that they had the right to take the stuff. So, is the anonymous poster allowed to keep his anonymity despite inducing 30 odd people to commit burglary? [[User:Snitty|Snitty]] 14:39, 25 March 2008 (EDT)

The [http://www.nytimes.com/2008/03/24/business/media/24rick.html?_r=1&scp=1&sq=rick+astley&st=nyt&oref=slogin New York Times] ran an article about Rickrolling. Yes, that is a link to the article. [[User:Snitty|Snitty]] 08:14, 24 March 2008 (EDT)

In a baffling interpretation of law [http://www.boingboing.net/2008/03/21/wwii-bomber-trademar.html certain companies] have been using the DMCA to coerce websites to take down 3D models of the companies products, claiming that these models, which are not being used in commerce, are violating the companies trademark. The companies are conveniently ignoring both that there is no trademark infringement, and that the DMCA is a copyright act. [[User:Snitty|Snitty]] 14:47, 22 March 2008 (EDT)

[http://www.betaleaks.com/ BetaLeaks], a website specifically set up to solicit NDA-breaking information from beta testers of upcoming MMOGS and other online games. One blogger's [http://tobolds.blogspot.com/2008/03/beta-leaks.html analysis]. --[[User:Dominik|Dominik]] 16:40, 20 March 2008 (EDT)

'''Dismissal of Fair Housing Discrimination Lawsuit Against Craigslist Affirmed by 7th Circuit''' A few years ago, a consortium of Chicago attorneys sued [http://www.craigslist.org Craigslist] alleging violations of the Fair Housing Act via rental postings which contained phrases such as "NO MINORITIES" and "no children." Read some of the background [http://www.craigslist.org/about/fair.housing.html here]. The District Court dismissed the suit 14 November 2006, holding that Craigslist was not liable since it could not be "a publisher" of content provided by its users. The 7th Circuit affirmed. Read Chief Judge Easterbrook's opinion [http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=rss_sho&shofile=07-1101_021.pdf here]. --[[User:DOBrien|DOBrien]] 19:39, 14 March 2008 (EDT)

[http://www.yaledailynews.com/articles/view/23938 Yale is considering blocking JuicyCampus.com] an internet gossip site. The site itself raises interesting questions about liable and anonymity on the Internet. March 10, 2008.

[http://www.abc.net.au/news/stories/2008/03/06/2181828.htm Australian Government sticks to guns on internet porn filters], March 6, 2008
The new Labor Government has proposed ... a clean feed. That means under law, your internet service provider
(ISP) must, if requested, provide a family friendly service that filters out X-rated pornography.

[http://bits.blogs.nytimes.com/2008/03/05/bank-asks-judge-to-dismiss-its-suit-against-wikileaks-site/index.html?th&emc=th Bank Moves to Withdraw Its Suit Against Wikileaks Site], March 5, 2008

[http://www.denverpost.com/breakingnews/ci_8455504 DIA keeps Wi-Fi on the mild side]: Denver International Airport filters its WiFi.

Ratemycop.com gets shutdown by its provider: http://blog.wired.com/27bstroke6/2008/03/godaddy-silence.html

==In-Class References==
===March 10===

*[http://www.ripe.net/news/study-youtube-hijacking.html RIPE analysis on the Pakistani YouTube "hijacking"]: video diagramming the traffic mis-routed to the Pakistan ISP
* [http://www.theatlantic.com/doc/200803/chinese-firewall âThe Connection Has Been Resetâ], Atlantic Monthly on the Chinese Firewall
* [http://quova.com/ Quova location tracking]
* [https://torproject.org/ Tor anonymizing software and network]

===March 12===
* Whois tools: http://uwhois.com/ or http://whois.domaintools.com/
* http://www.nytimes.com/ref/topnews/blog-index.html
* http://juicycampus.com/privacy_policy.php

===March 17===
* Image search, cute cats or infringement?: http://images.google.com/images?gbv=2&hl=en&q=kittens
* Bonsai Kitten: http://en.wikipedia.org/wiki/Bonsai_Kitten

===March 19===
* [http://www.internetnews.com/article.php/3734866/Open+Source+Group+is+4+For+4+on+GPL+Lawsuits.htm Open Source Group is 4 For 4 on GPL Lawsuits]
* [http://commons.wikimedia.org/wiki/Commons:Upload Wikimedia Commons: Upload]
* Sequoia an electronic voting machine maker is threatening to sue over the possibility of people checking the security of their machines in New Jersey http://www.freedom-to-tinker.com/?p=1265

===March 24===
* [http://youtube.com/watch?v=BqxqYiptNe0 Betamax Commercial]

===March 26===
* [http://scrabulous.com/ Scrabulous] and [http://67.19.18.90/newimages/screenshot.gif screenshot]
* [http://flickr.com/photos/clovil/2359335809/ Scrabble]
* [http://www.copyright.gov/fls/fl108.html Copyright office circular re: games]
* [http://www.usdoj.gov/atr/cases/f219100/219126.htm Full Felten Report]

===March 31===
* http://www.google.com/search?q=google%20hacking
* http://www.cs.cmu.edu/~dst/DeCSS/Gallery/
* http://kaleidescape.com/

===April 9===
* http://mailinator.com/
* http://en.wikipedia.org/wiki/PeerGuardian
* http://www.bugmenot.com/
* http://images.google.com/images?q=moose&rls=com.microsoft:en-us&ie=UTF-8&oe=UTF-8&um=1

===April 16===
* http://www.dellago.net/
* http://www.register.com/addDomain.rcmx?addSingleDomain=Dellago.net
* http://www.register.com/product/domain/searchresults.rcmx;jsessionid=53D0F1135BD5B28AE3DC870DC25522A6.janus-production?action=searchresults&formName=box&searchString=dellcomputers&selectedTLDs=.com

* OSX EULA http://images.apple.com/legal/sla/docs/macosx105.pdf

===April 23===

* http://dvd.search.ebay.com/manson_DVDs-Movies_W0QQcatrefZC2QQfromZR40QQsacatZ11232QQtrgZ11233
* http://www.copyright.gov/onlinesp/list/index.html
* http://www.hp-lexicon.org/hogwarts/houses/gryffindor.html

===April 28===
* http://youtube.com/watch?v=anwy2MPT5RE The SPAM skit
* http://en.wikipedia.org/wiki/Captcha
* http://twitter.com/robots.txt Twitter robots.txt
* http://groups.google.com/group/twitter-development-talk/web/api-documentation Twitter API
* http://www.whitehouse.gov/robots.txt

===April 30===
* http://public.resource.org/court_cases.html
* http://riya.com/index?btnSearch=people
* http://en.wikipedia.org/wiki/Slashdot_effect
* http://www.google.com.au/search?hl=en&client=firefox-a&rls=org.mozilla%3Aen-US%3Aofficial&hs=LvY&q=cozyhome+bi-fold+doors&btnG=Search
* http://www.google.com/dmca.html
* http://www.chillingeffects.org/search-comparator/search.php?se=google.co.uk&q1=Natwest%20Fraud

===Student Submissions===
* Larry Lessig leverages latent challenges against legislators via Wiki: [http://blog.wired.com/27bstroke6/2008/03/stanford-law-pr.html Rating Legislators via Wiki]

* Creative Labs has not prepared software drivers for its products to work under Windows Vista - What happens when a person known as Daniel_K writes and distributes unofficial drivers? He gets a takedown notice! [http://forums.creative.com/creativelabs/board/message?board.id=soundblaster&thread.id=116332 Stop helping us, or we'll sue]

Ilaw: Wikipedia Assignment

2008-04-30T16:09:43Z

Snitty: /* March 31, 2008 */

Place your wiki page and thoughts here.

==Ben Snitkoff: Personal Jurisdiction in Internet Cases==
I chose to edit the [http://en.wikipedia.org/wiki/Personal_jurisdiction_in_internet_cases Personal Jurisdiction in Internet Cases] page, as it was covered in our third class.

===March 16, 2008===
I just finished editing the [http://en.wikipedia.org/wiki/Personal_jurisdiction_in_internet_cases Personal Jurisdiction in Internet Cases] page. First thing I'll say is that editing a wikipedia page wholesale like that is a lot harder then it looks. The markup is very different then anything I was used to, so I made quite a few errors in the markup, and probably one or two in text too. It's kind of like writing a short memo in word, but without the benefit of being able to see the formatting before you're done. Not pleasant.

===March 31, 2008===
David, from our class, edited my article, but only to correct a possessive and make "defendant" vs. "Defendant" changes. I therefore conclude that my legal analysis is beyond reproach. Or, at least up to the standards of wikipedia.

==John Long: GNU GPL==
I chose to edit the [http://en.wikipedia.org/wiki/GNU_General_Public_License#Criticism GNU GPL] page after our discussion in class today.
===March 20, 2008===
12:00 AM. I was able to edit the page more easily than I thought, save for the markup. With extensive coverage already present, it was easy to pick out what I needed to get a quick first edit completed. I continue to believe that the GPL is one of the most restrictive licenses ever conceived. I also believe that it will eventually be found unconstitutional in the United States, despite [http://en.wikipedia.org/wiki/BusyBox#GPL_lawsuits prevailing recently in US courts]. Wikipedia will not allow me to post my unpublished, baseless (and at the moment unprovable) criticism of the GNU GPL. I fault Wikipedia for that shortcoming.

===March 20, 2008===
6:49 PM. Nice. Somebody has already read the link I posted and added to my original entry.

===April 5, 2008===
I cited a source where the parties could not implement Sun's ZFS filesystem as a kernel module. It is not clear that either party (Sun or Linus) is at fault per se, but the license incompatibilities may require one of the licenses to change. Sun, meanwhile, patented the open source ZFS, which has chilled efforts to reverse engineer the code...(other examples of GPL subversion include trademark battles - I will look for that article in a later update)

==Jason Langley: reverse engineering==
I chose to mess with the reverse engineering page, specifically the [http://en.wikipedia.org/wiki/Reverse_engineering#Legality legality section]
===March 30, 2008===
20:21 PM. Added quote from Sega case. This section needs a bunch more work though, probably splitting it and specifically addressing copyrights and patents would be good.

==John Nwosu: Economic and Financial Crimes Commission of Nigeria==
I chose to update this article http://en.wikipedia.org/wiki/Economic_and_Financial_Crimes_Commission There are some errors on the article and I think I will make it my duty to continually update it. I chose this article because it is something that I have personal interest in and also you have sort of mentioned, though in passing, about a lot of internet fraud activities emanating from Nigeria.

Ilaw: News and Views

2008-04-30T16:05:24Z

Snitty: /* April */ Added the ICANN Domain Name Tasing Article

==April==
'''ICANN seeks to end Domain Tasting''' We talked about [http://yro.slashdot.org/yro/08/04/29/1822223.shtml this] in class. 20Â¢ doesn't sound like a lot, but the top 3 domain squatters would face bills racking up to $2.2 million a month.

'''Microsoft COFEE''' "Microsoft has developed a small plug-in device that investigators can use to quickly extract forensic data from computers that may have been used in crimes. The COFEE, which stands for Computer Online Forensic Evidence Extractor, is a USB "thumb drive" that was quietly distributed to a handful of law-enforcement agencies last June." [http://seattletimes.nwsource.com/html/microsoft/2004379751_msftlaw29.html Seattle Times]

'''New CAPTCHAs?'''-- Researchers continue to try and stay ahead of crafty bots and bits of code. Some of the latest techniques involve showing a group of images and asking a user to locate the geographic center point of an image. Then, the user is presented with a second image and asked to select one of several words which best describes the picture shown. The idea is to "humanize" the process of human authentication, though at the expense of more difficult (and annoying) devices. [http://arstechnica.com/news.ars/post/20080423-researchers-stay-step-ahead-of-bots-with-image-based-captcha.html Ars Article][http://alipr.com/captcha/ Example of New CAPTCHA] --[[User:DOBrien|DOBrien]] 15:14, 29 April 2008 (EDT)

'''"Making Available" Theory Rejected in ''Atlantic v. Howell''''' -- An Arizona District Court denied summary judgment for the RIAA who argued that by making available allegedly infringing files for download by others, one is violating copyright law, even if no one actually downloads any files. The RIAA's theory of liability was based on the exclusive distribution right. The defendant had stated in a deposition he was unaware KaZaA was sharing files from songs he had ripped from his own CDs on to his computer. The court also indicated in the case that downloads by MediaSentry, the company the RIAA uses to investigate file sharing, was not enough to establish distribution.[http://www.eff.org/files/filenode/atlantic_v_howel/Atlantic%20v%20Howell%20SJ2%20order.pdf Order via EFF] --[[User:DOBrien|DOBrien]] 14:55, 29 April 2008 (EDT)

'''Muxtape''' http://muxtape.com/ "a simple way to create and share mp3 mixtapes" or a "ticking legal time bomb?" via [http://feeds.feedburner.com/~r/blogs/dnxf/~3/263583159/muxtape-and-the.html The 463]

'''The Writers Strike and Copyright''' An excellent analysis of the real issue behind the WGA strike: copyright. [http://lessig.org/blog/prager.pdf pdf] via [http://lessig.org/blog/2008/04/the_most_interesting_part_of_t.html lessig]

'''UMG v. Augusto''' "An eBay seller is taking on Universal Music Group (UMG) in court after the record industry giant targeted his online music sales with false claims of copyright infringement. EFF and the San Francisco law firm of Keker & Van Nest LLP are representing Troy Augusto, whose online auctions included sales of promotional CDs distributed by Universal. Copyright law's "first sale" doctrine makes it clear that the owner of a CD is entitled to resell it without the permission of the copyright holder. Nevertheless, Universal claims that CDs marked as "promotional use only" remain the property of Universal and thus can never be resold." via [http://www.eff.org/cases/umg-v-augusto EFF] [http://www.joystiq.com/2008/04/16/law-of-the-game-on-joystiq-rip-consumer-rights/ Law of the Game Blog Analysis] [[User:Dominik|Dominik]] 11:29, 25 April 2008 (EDT)

[http://www.usatoday.com/tech/news/techpolicy/2008-04-22-InternetBandits_N.htm Cracking the 'Great Firewall' of China's Web censorship]

[http://ap.google.com/article/ALeqM5gu9ZaCyyLpmK4hqelMtZkdBZMpsgD906F8OG0 NJ court requires subpoena for Internet subscriber records] NJ Supreme Court says state constitution goes further than Fourth Amendment

'''9th Circuit Says Laptop Searches at the Borders is Okay''' A few years back, Michael Arnold was stopped by customs after deplaning from a trip to the Philippines at LAX. With him, he had a laptop, six CDs, an external HDD, and a flash drive. The customs officer asked him to boot up his machine, and began browsing the pictures folder on the desktop. The officer eventually found some pictures that appeared to be child porn, and the laptop was seized. Arnold successfully argued to the district court that the search constituted an unreasonable search under the Fourth Amendment, analogizing a laptop to "home" and "the human mind." The 9th Circuit, however, disagreed and pointed to precedent which already allows searches of briefcases, luggage, wallets, purses, pockets, papers found in pockets, pictures, films, and other graphic material. [http://arstechnica.com/news.ars/post/20080423-laptop-searches-at-the-border-no-reason-no-problem.html Ars Article] [http://www.ca9.uscourts.gov/ca9/newopinions.nsf/6D5D931898D8168188257432005AC9B8/$file/0650581.pdf?openelement Opinion]--[[User:DOBrien|DOBrien]] 11:09, 23 April 2008 (EDT)

'''J.K. Rowling sues over online lexicon of Harry Potter characters''' - http://www.cnn.com/2008/CRIME/04/22/sunny.potter/index.html
Everything was fine and dandy till he got a deal to publish in book form!

'''Soviet Domain Name (.su) Resists Death''' - http://www.msnbc.msn.com/id/24204807/
Here, ICANN has been unable to do away with the gaining-in-popularity .su domain.

'''International Star Registry''' - http://www.wired.com/techbiz/media/news/2001/12/49345
Are there many differences between ICANN and the International Star Registry (ISR)? ICANN matches domain names to IP addresses via its proprietary servers, but the blocks of IP addresses are separately assigned (also by ICANN via IANA). ISR lets you name stars that otherwise have official names assigned by the International Astronomical Union. What will happen when IPv6 is fully implemented and IP addresses become "cheaper" and harder to remember? There are several theoretical tiers of Internet that may be built without regard to implementing official standards. This includes "private" RFCs to build non-interoperable networks on top of the Internet for exclusive use.

'''Blockbuster Lawsuit Over Facebook's Beacon''' -- A Texas woman filed suit against Blockbuster claiming a privacy rights violation when Blockbuster transmitted her rental information to Facebook. According to an article, the plaintiff cites the Video Privacy Protection Act which prohibits the disclosure of video rental and sale information. [http://publications.mediapost.com/index.cfm?fuseaction=Articles.san&s=80839&Nid=41637&p=918739 Article] --[[User:DOBrien|DOBrien]] 15:14, 18 April 2008 (EDT)

United Nations sends [http://www.nationstates.net/unlegal.pdf Cease & Desist letter] to [http://www.maxbarry.com/2008/04/02/news.html NationStates] web game, citing violation of Trademark law.

Oregon claims copyright on their statutes, [http://www.scribd.com/groups/documents/7303-oregon-legislative-counsel?type=newest Take down notices], [http://arstechnica.com/news.ars/post/20080416-oregon-publishing-our-laws-online-is-a-copyright-violation.html Ars Technica's take on the situation] [http://www.boingboing.net/2008/04/15/oregon-our-laws-are.html boingboing]

[http://homepages.cs.ncl.ac.uk/jeff.yan/msn.htm A Low-cost Attack on a Microsoft CAPTCHA] Captchas captured

[http://blog.wired.com/27bstroke6/2008/04/fbi-director-ci.html FBI Caused Delay in Terror Case Ahead of Senate Testimony] Did FBI manufacture evidence to get NSL power?

[http://www.wired.com/gadgets/mods/news/2008/04/chumby_hackers Programmers, DIY Types Embrace Soft, Hackable Chumby] Hack a Chumby

[http://isc.sans.org/diary.html?storyid=4289 A Federal Subpoena or Just Some More Spam & Malware?] Scammers target CEOs with drive-by downloads

[http://www.conversationmarketing.com/2008/04/linkadage-selling-edu-blog-space.htm LinkAdage Selling .EDU Blog Space: It's Evil] Rent-a-.edu blog

'''Mac Clones''' -- PsyStar Corp., a Miami company, announced it is offering a Mac Clone called "OpenMac" for $399. The machine is an Intel-based platform configured to run OSX 10.5 (Leopard). Using the EFI v8 emulator, Leopard can be installed directly from DVDs purchased from the Apple Store. The announcement generated such a (positive) response from the tech community that PsyStar's website went dark after from the influx of traffic. At issue now is the EULA on the OS X software, which expressly prohbits installing OSX on non-Apple hardware ("You agree not to install, use, or run the Apple Software on any non-Apple-labled computer, or to enable others to do so...").[http://www.psystar.com/ PsyStar Website] [http://images.apple.com/legal/sla/docs/macosx105.pdf OS X EULA] [http://www.engadget.com/2008/04/14/psystar-site-goes-down-under-load-apple-lawyers-seen-shopping-f/ Engadget Article]--[[User:DOBrien|DOBrien]] 14:39, 15 April 2008 (EDT)
*[http://www.wired.com/gadgets/mac/news/2008/04/apple_psystar?currentPage=2 A bad legal analysis?]
*[http://gizmodo.com/380488/psystar-exposed-looks-like-a-hoax PsyStar Hoax? Questions continue]

'''No Attorney's Fees For You''' -- When Roland Amurao was accused of copyright infringement, he chose not to take advantage of a pre-litigation settlement offer from the RIAA. Instead, the RIAA brought him to court. After some investigation, they realized they had sued the wrong person. In fact, Amurao's adult daughter was responsible for the allegedly infringing activities. The lawsuit was dismissed with prejudice last Friday, but Amurao was not awarded attorney's fees despite his efforts arguing for them. Amurao finds himself in the curious position of being the prevailing party in a copyright infringement case, where the RIAA admittedly sued the wrong person, and left Amurao with a huge stack of legal fees. Arguments in the case also arose concerning MediaSentry's role as an investigator, which drew attention from the EFF. [http://recordingindustryvspeople.blogspot.com/2008/01/riaa-withdraws-lava-v-amurao-case.html Summary of Motions Filed][http://recordingindustryvspeople.blogspot.com/2008/04/in-lava-v-amurao-case-closed-all.html Friday's Outcome][http://www.eff.org/cases/lava-v-amurao EFF Article] --[[User:DOBrien|DOBrien]] 11:35, 14 April 2008 (EDT)

An analysis of industry streaming video site Hulu's Business Model. http://www.alleyinsider.com/2008/3/hulu_launches_great_product_still_screwed --[[User:Dominik|Dominik]]

BU Music Downloaders win round in court http://www.boston.com/news/local/articles/2008/04/04/music_downloaders_win_round_in_court/

Facebook sued by claimed co-developer http://www.bloomberg.com/apps/news?pid=20601103&sid=ariFOMVAXrZw&refer=us

'''Couple Sues Google Over Use of Image in Google Maps''' A man and woman (the Borings) in Pittsburgh were upset over Google's use of an image of their home. Google introduced "street view" in 2007, a feature in [http://maps.google.com Google Maps] that allows you to see images at street level. The pictures are captured by vans which drive around with mounted cameras. The couple is suing for, inter alia, invasion of privacy, trespass, and conversion, claiming the images caused the value of their home to decrease and caused mental suffering. The image has since been [http://maps.google.com/maps?f=q&hl=en&geocode=&q=1658+Oakridge+Ln,+Pittsburgh,+PA&sll=40.578531,-80.079947&sspn=0.011457,0.020084&layer=c&ie=UTF8&ll=40.578531,-80.079947&spn=0.011457,0.020084&t=h&z=16&cbll=40.575645,-80.079953 removed]. [http://www.thesmokinggun.com/archive/years/2008/0404081google1.html TSG Article, with Complaint and Pics]--[[User:DOBrien|DOBrien]] 11:18, 5 April 2008 (EDT)

'''A Professor at the Univesity of Florida''' [http://www.boingboing.net/2008/04/04/university-prof-says.html is claiming a copyright] in his class lectures, and, as a result, students' notes from his class, as they are, he claims, derivative works. He's going after people who commercialize students notes, which Corey Doctorow seems to think is ethically murky. I say fair use, but then again, my notes usually contain snarky comments about the cases, making them more transformative than most students'. [[User:Snitty|Snitty]] 17:15, 4 April 2008 (EDT)

Gertner rules that Boston University cannot turn over student information to the evil record companies - at least not yet. Take that, RIAA. [http://www.boston.com/news/local/massachusetts/articles/2008/04/04/music_downloaders_win_round_in_court/?p1=Well_MostPop_Emailed7]--[[User:Chriswurster|Chriswurster]]

9th Circuit rules that roommates.com cannot require users to disclose their sexual orientation. [http://www.reuters.com/article/topNews/idUSN0347688720080403?feedType=RSS&feedName=topNews&rpc=22&sp=true]

Update on the Craigslist house ransacking incident - perps caught. [http://www.cbsnews.com/stories/2008/03/28/60minutes/main3976928.shtml]

'''Second Life Seeks to Reassure Congress it Can Police Itself''' Second Life, an online virtual world, was represented at a House hearing recently. Founder Phillip Rosedale appeared with other virtual reality experts to answer questions about the legal aspects of a virtual world on illegal activity and the company's ability to police such activity. Virtual worlds and other MMORPGs, have become incredibly popular among gamers. The article failed to raise some interesting questions, especially: What exactly is the legal status of virtual property? Could a user have potential legal remedies against other users for civil wrongs? And what are the jurisdictional problems inherent in such a world? Does the law even have a place in a virtual world? These questions, and many others, will be the subject of debate in years to come. [http://www.reuters.com/article/politicsNews/idUSN0129847720080401?pageNumber=1&virtualBrandChannel=0 Reuters Article]--[[User:DOBrien|DOBrien]] 20:47, 1 April 2008 (EDT)

Blizzard is [http://news.bbc.co.uk/2/hi/technology/7314353.stm suing] the creator of a bot program for use with World of Warcraft for breach of contract and copyright infringement. My guess is, not having seen the complaint, that they are alleging that when he violated his license by creating and using a bot he relinquished his right to copy the program into RAM, and from that comes the copyright infringement. The other part of this is the shrinkwrap license, but again, without the filings it's hard to know what's really going on. [[User:129.10.173.46|129.10.173.46]] 20:12, 1 April 2008 (EDT)

T-Mobile is suing Engadget Mobile for [http://www.engadget.com/2008/03/31/deutsche-telekom-t-mobile-demands-engadget-mobile-discontinue/ trademark infringement] of the color magenta. Specifically of 0xED008C. You can have trademark or trade dress protection in a color, but does T-Mobile rise to that level? [[User:Snitty|Snitty]] 18:27, 1 April 2008 (EDT)

==March==

The United Nations-based World Intellectual Property Organization ousted a record number of "cybersquatters" from Web sites with domain names referring to trademarked companies, foundations, and celebrities in 2007. [http://news.zdnet.com/2100-9588_22-6235857.html]--[[User:Chriswurster|Chriswurster]] 15:57, 28 March 2008 (EDT)

'''Comcast Announces Reconfiguration of Traffic Management''' In a press release today, Comcast announced it is undertaking an effort to work with BitTorrent, and other third parties, concerning traffic shaping techniques they have been openly using across their network infastructure. Since May 2007, it has been widely known that Comcast has implemented technology which effectively hindered the use of certain protocols, namely those which utilize BitTorrent and other P2P networks. The technology injects TCP RST packets into streams, causing users to drop connections to peers. The rationale is that these protocols use a significant amount of bandwith, which arguably affects stream rates of other users and congests networks. In today's press release, Comcast noted it will be "migrat[ing] by year-end to a capacity management technique that is protocol agnostic." [http://www.comcast.com/About/PressRelease/PressReleaseDetail.ashx?PRID=740 Press Release]--[[User:DOBrien|DOBrien]] 17:07, 27 March 2008 (EDT)

'''Court holds against student copyrights to papers submitted to plagiarism scanner.''' A number of schools have begun using "automated plagiarism scanners" to detect plagiarized work in student papers, like [http://turnitin.com/static/home.html. turnitin.com]. Students submit their work online and must agree to a clickwrap license agreement before submission. The scanner automates the plagiarism detection and generates a "originality report." Under the agreement, students' papers were also being archived on the database for use by the scanner for future originality reports. The students claimed the agreement was unenforceable and constituted copyright infringement on their papers. The court held the clickwrap agreement was enforceable over the students' arguments of infancy and duress. The court also found that even if the contract was unenforceable, the use of the papers constituted fair use. [http://www.iparadigms.com/iParadigms_03-11-08_Opinion.pdf Opinion] [http://arstechnica.com/news.ars/post/20080326-plagiarism-screener-gets-passing-grade-in-copyright-lawsuit.html Ars Technica Article]--[[User:DOBrien|DOBrien]] 09:03, 26 March 2008 (EDT)

The LATimes interviewed [http://latimesblogs.latimes.com/webscout/2008/03/rick-astley-kin.html Rick Astley] about his eponymous internet meme. [[User:Snitty|Snitty]] 08:16, 26 March 2008 (EDT)

Some [http://www.crunchgear.com/2008/03/25/craigslist-hoax-turns-out-to-be-pretty-craptastic/ Poor Sap] had an enemy post on Craig's List that all this guy's belongings were up for grabs. He got home to find 30 some odd people ransacking his house and refusing to give his belongings back, waiving their craigs list ads as proof that they had the right to take the stuff. So, is the anonymous poster allowed to keep his anonymity despite inducing 30 odd people to commit burglary? [[User:Snitty|Snitty]] 14:39, 25 March 2008 (EDT)

The [http://www.nytimes.com/2008/03/24/business/media/24rick.html?_r=1&scp=1&sq=rick+astley&st=nyt&oref=slogin New York Times] ran an article about Rickrolling. Yes, that is a link to the article. [[User:Snitty|Snitty]] 08:14, 24 March 2008 (EDT)

In a baffling interpretation of law [http://www.boingboing.net/2008/03/21/wwii-bomber-trademar.html certain companies] have been using the DMCA to coerce websites to take down 3D models of the companies products, claiming that these models, which are not being used in commerce, are violating the companies trademark. The companies are conveniently ignoring both that there is no trademark infringement, and that the DMCA is a copyright act. [[User:Snitty|Snitty]] 14:47, 22 March 2008 (EDT)

[http://www.betaleaks.com/ BetaLeaks], a website specifically set up to solicit NDA-breaking information from beta testers of upcoming MMOGS and other online games. One blogger's [http://tobolds.blogspot.com/2008/03/beta-leaks.html analysis]. --[[User:Dominik|Dominik]] 16:40, 20 March 2008 (EDT)

'''Dismissal of Fair Housing Discrimination Lawsuit Against Craigslist Affirmed by 7th Circuit''' A few years ago, a consortium of Chicago attorneys sued [http://www.craigslist.org Craigslist] alleging violations of the Fair Housing Act via rental postings which contained phrases such as "NO MINORITIES" and "no children." Read some of the background [http://www.craigslist.org/about/fair.housing.html here]. The District Court dismissed the suit 14 November 2006, holding that Craigslist was not liable since it could not be "a publisher" of content provided by its users. The 7th Circuit affirmed. Read Chief Judge Easterbrook's opinion [http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=rss_sho&shofile=07-1101_021.pdf here]. --[[User:DOBrien|DOBrien]] 19:39, 14 March 2008 (EDT)

[http://www.yaledailynews.com/articles/view/23938 Yale is considering blocking JuicyCampus.com] an internet gossip site. The site itself raises interesting questions about liable and anonymity on the Internet. March 10, 2008.

[http://www.abc.net.au/news/stories/2008/03/06/2181828.htm Australian Government sticks to guns on internet porn filters], March 6, 2008
The new Labor Government has proposed ... a clean feed. That means under law, your internet service provider
(ISP) must, if requested, provide a family friendly service that filters out X-rated pornography.

[http://bits.blogs.nytimes.com/2008/03/05/bank-asks-judge-to-dismiss-its-suit-against-wikileaks-site/index.html?th&emc=th Bank Moves to Withdraw Its Suit Against Wikileaks Site], March 5, 2008

[http://www.denverpost.com/breakingnews/ci_8455504 DIA keeps Wi-Fi on the mild side]: Denver International Airport filters its WiFi.

Ratemycop.com gets shutdown by its provider: http://blog.wired.com/27bstroke6/2008/03/godaddy-silence.html

==In-Class References==
===March 10===

*[http://www.ripe.net/news/study-youtube-hijacking.html RIPE analysis on the Pakistani YouTube "hijacking"]: video diagramming the traffic mis-routed to the Pakistan ISP
* [http://www.theatlantic.com/doc/200803/chinese-firewall âThe Connection Has Been Resetâ], Atlantic Monthly on the Chinese Firewall
* [http://quova.com/ Quova location tracking]
* [https://torproject.org/ Tor anonymizing software and network]

===March 12===
* Whois tools: http://uwhois.com/ or http://whois.domaintools.com/
* http://www.nytimes.com/ref/topnews/blog-index.html
* http://juicycampus.com/privacy_policy.php

===March 17===
* Image search, cute cats or infringement?: http://images.google.com/images?gbv=2&hl=en&q=kittens
* Bonsai Kitten: http://en.wikipedia.org/wiki/Bonsai_Kitten

===March 19===
* [http://www.internetnews.com/article.php/3734866/Open+Source+Group+is+4+For+4+on+GPL+Lawsuits.htm Open Source Group is 4 For 4 on GPL Lawsuits]
* [http://commons.wikimedia.org/wiki/Commons:Upload Wikimedia Commons: Upload]
* Sequoia an electronic voting machine maker is threatening to sue over the possibility of people checking the security of their machines in New Jersey http://www.freedom-to-tinker.com/?p=1265

===March 24===
* [http://youtube.com/watch?v=BqxqYiptNe0 Betamax Commercial]

===March 26===
* [http://scrabulous.com/ Scrabulous] and [http://67.19.18.90/newimages/screenshot.gif screenshot]
* [http://flickr.com/photos/clovil/2359335809/ Scrabble]
* [http://www.copyright.gov/fls/fl108.html Copyright office circular re: games]
* [http://www.usdoj.gov/atr/cases/f219100/219126.htm Full Felten Report]

===March 31===
* http://www.google.com/search?q=google%20hacking
* http://www.cs.cmu.edu/~dst/DeCSS/Gallery/
* http://kaleidescape.com/

===April 9===
* http://mailinator.com/
* http://en.wikipedia.org/wiki/PeerGuardian
* http://www.bugmenot.com/
* http://images.google.com/images?q=moose&rls=com.microsoft:en-us&ie=UTF-8&oe=UTF-8&um=1

===April 16===
* http://www.dellago.net/
* http://www.register.com/addDomain.rcmx?addSingleDomain=Dellago.net
* http://www.register.com/product/domain/searchresults.rcmx;jsessionid=53D0F1135BD5B28AE3DC870DC25522A6.janus-production?action=searchresults&formName=box&searchString=dellcomputers&selectedTLDs=.com

* OSX EULA http://images.apple.com/legal/sla/docs/macosx105.pdf

===April 23===

* http://dvd.search.ebay.com/manson_DVDs-Movies_W0QQcatrefZC2QQfromZR40QQsacatZ11232QQtrgZ11233
* http://www.copyright.gov/onlinesp/list/index.html
* http://www.hp-lexicon.org/hogwarts/houses/gryffindor.html

===April 28===
* http://youtube.com/watch?v=anwy2MPT5RE The SPAM skit
* http://en.wikipedia.org/wiki/Captcha
* http://twitter.com/robots.txt Twitter robots.txt
* http://groups.google.com/group/twitter-development-talk/web/api-documentation Twitter API
* http://www.whitehouse.gov/robots.txt

===Student Submissions===
* Larry Lessig leverages latent challenges against legislators via Wiki: [http://blog.wired.com/27bstroke6/2008/03/stanford-law-pr.html Rating Legislators via Wiki]

* Creative Labs has not prepared software drivers for its products to work under Windows Vista - What happens when a person known as Daniel_K writes and distributes unofficial drivers? He gets a takedown notice! [http://forums.creative.com/creativelabs/board/message?board.id=soundblaster&thread.id=116332 Stop helping us, or we'll sue]

Ilaw: Wikipedia Assignment

2008-04-06T02:47:49Z

Snitty: minor reformatting

Place your wiki page and thoughts here.

==Ben Snitkoff: Personal Jurisdiction in Internet Cases==
I chose to edit the [http://en.wikipedia.org/wiki/Personal_jurisdiction_in_internet_cases Personal Jurisdiction in Internet Cases] page, as it was covered in our third class.

===March 16, 2008===
I just finished editing the [http://en.wikipedia.org/wiki/Personal_jurisdiction_in_internet_cases Personal Jurisdiction in Internet Cases] page. First thing I'll say is that editing a wikipedia page wholesale like that is a lot harder then it looks. The markup is very different then anything I was used to, so I made quite a few errors in the markup, and probably one or two in text too. It's kind of like writing a short memo in word, but without the benefit of being able to see the formatting before you're done. Not pleasant.

===March 31, 2008===
Someone has finally edited my article, but only to correct a possessive and make "defendant" vs. "Defendant" changes. I therefore conclude that my legal analysis is beyond reproach. Or, at least up to the standards of wikipedia.

==John Long: GNU GPL==
I chose to edit the [http://en.wikipedia.org/wiki/GNU_General_Public_License#Criticism GNU GPL] page after our discussion in class today.
===March 20, 2008===
12:00 AM. I was able to edit the page more easily than I thought, save for the markup. With extensive coverage already present, it was easy to pick out what I needed to get a quick first edit completed. I continue to believe that the GPL is one of the most restrictive licenses ever conceived. I also believe that it will eventually be found unconstitutional in the United States, despite [http://en.wikipedia.org/wiki/BusyBox#GPL_lawsuits prevailing recently in US courts]. Wikipedia will not allow me to post my unpublished, baseless (and at the moment unprovable) criticism of the GNU GPL. I fault Wikipedia for that shortcoming.

===March 20, 2008===
6:49 PM. Nice. Somebody has already read the link I posted and added to my original entry.

===April 5, 2008===
I cited a source where the parties could not implement Sun's ZFS filesystem as a kernel module. It is not clear that either party (Sun or Linus) is per se at fault, but the license incompatibilities may require one of the licenses to change. Sun, meanwhile, patented the open source ZFS, which has chilled efforts to reverse engineer the code...(other examples of GPL subversion include trademark battles - I will look for that article in a later update)

==Jason Langley: reverse engineering==
I chose to mess with the reverse engineering page, specifically the [http://en.wikipedia.org/wiki/Reverse_engineering#Legality legality section]
===March 30, 2008===
20:21 PM. Added quote from Sega case. This section needs a bunch more work though, probably splitting it and specifically addressing copyrights and patents would be good.

Ilaw: Questions

2008-04-05T22:05:27Z

Snitty: Added a Q about Professor Copyright

=Questions=
==Professor's Copyright on Lecture==
Over in the news section I posted this story:

'''A Professor at the Univesity of Florida''' [http://www.boingboing.net/2008/04/04/university-prof-says.html is claiming a copyright] in his class lectures, and, as a result, students' notes from his class, as they are, he claims, derivative works. He's going after people who commercialize students notes, which Corey Doctorow seems to think is ethically murky. I say fair use, but then again, my notes usually contain snarky comments about the cases, making them more transformative than most students'. [[User:Snitty|Snitty]] 17:15, 4 April 2008 (EDT)

This raises a couple of disturbing issues. First, do professors actually have a copyright in their lectures? Second, if they do, do their student's notes constitute copyright infringement, or fair use? If they do constitute fair use, are we to actually believe that merely changing the use from personal to commercial defeats that fair use?

The initial oral lecture, unless it is recorded, is not in a fixed medium. So, does the professor only have a copyright in it if he or she records it? What if the professor has notes from which he or she delivers the lecture, but the lecture itself isn't recorded? Would it be sufficient if the professor authored a textbook, and uses that textbook in the class?

That's a lot of question marks. Any thoughts?

Ilaw: News and Views

2008-04-04T21:15:46Z

Snitty: /* April */ Professor Claims copyright in lectures, derivative works.

==April==

'''A Professor at the Univesity of Florida''' [http://www.boingboing.net/2008/04/04/university-prof-says.html is claiming a copyright] in his class lectures, and, as a result, students' notes from his class, as they are, he claims, derivative works. He's going after people who commercialize students notes, which Corey Doctorow seems to think is ethically murky. I say fair use, but then again, my notes usually contain snarky comments about the cases, making them more transformative than most students'. [[User:Snitty|Snitty]] 17:15, 4 April 2008 (EDT)

Gertner rules that Boston University cannot turn over student information to the evil record companies - at least not yet. Take that, RIAA. [http://www.boston.com/news/local/massachusetts/articles/2008/04/04/music_downloaders_win_round_in_court/?p1=Well_MostPop_Emailed7]--[[User:Chriswurster|Chriswurster]]

9th Circuit rules that roommates.com cannot require users to disclose their sexual orientation. [http://www.reuters.com/article/topNews/idUSN0347688720080403?feedType=RSS&feedName=topNews&rpc=22&sp=true]

Update on the Craigslist house ransacking incident - perps caught. [http://www.cbsnews.com/stories/2008/03/28/60minutes/main3976928.shtml]

'''Second Life Seeks to Reassure Congress it Can Police Itself''' Second Life, an online virtual world, was represented at a House hearing recently. Founder Phillip Rosedale appeared with other virtual reality experts to answer questions about the legal aspects of a virtual world on illegal activity and the company's ability to police such activity. Virtual worlds and other MMORPGs, have become incredibly popular among gamers. The article failed to raise some interesting questions, especially: What exactly is the legal status of virtual property? Could a user have potential legal remedies against other users for civil wrongs? And what are the jurisdictional problems inherent in such a world? Does the law even have a place in a virtual world? These questions, and many others, will be the subject of debate in years to come. [http://www.reuters.com/article/politicsNews/idUSN0129847720080401?pageNumber=1&virtualBrandChannel=0 Reuters Article]--[[User:DOBrien|DOBrien]] 20:47, 1 April 2008 (EDT)

Blizzard is [http://news.bbc.co.uk/2/hi/technology/7314353.stm suing] the creator of a bot program for use with World of Warcraft for breach of contract and copyright infringement. My guess is, not having seen the complaint, that they are alleging that when he violated his license by creating and using a bot he relinquished his right to copy the program into RAM, and from that comes the copyright infringement. The other part of this is the shrinkwrap license, but again, without the filings it's hard to know what's really going on. [[User:129.10.173.46|129.10.173.46]] 20:12, 1 April 2008 (EDT)

T-Mobile is suing Engadget Mobile for [http://www.engadget.com/2008/03/31/deutsche-telekom-t-mobile-demands-engadget-mobile-discontinue/ trademark infringement] of the color magenta. Specifically of 0xED008C. You can have trademark or trade dress protection in a color, but does T-Mobile rise to that level? [[User:Snitty|Snitty]] 18:27, 1 April 2008 (EDT)

==March==

The United Nations-based World Intellectual Property Organization ousted a record number of "cybersquatters" from Web sites with domain names referring to trademarked companies, foundations, and celebrities in 2007. [http://news.zdnet.com/2100-9588_22-6235857.html]--[[User:Chriswurster|Chriswurster]] 15:57, 28 March 2008 (EDT)

'''Comcast Announces Reconfiguration of Traffic Management''' In a press release today, Comcast announced it is undertaking an effort to work with BitTorrent, and other third parties, concerning traffic shaping techniques they have been openly using across their network infastructure. Since May 2007, it has been widely known that Comcast has implemented technology which effectively hindered the use of certain protocols, namely those which utilize BitTorrent and other P2P networks. The technology injects TCP RST packets into streams, causing users to drop connections to peers. The rationale is that these protocols use a significant amount of bandwith, which arguably affects stream rates of other users and congests networks. In today's press release, Comcast noted it will be "migrat[ing] by year-end to a capacity management technique that is protocol agnostic." [http://www.comcast.com/About/PressRelease/PressReleaseDetail.ashx?PRID=740 Press Release]--[[User:DOBrien|DOBrien]] 17:07, 27 March 2008 (EDT)

'''Court holds against student copyrights to papers submitted to plagiarism scanner.''' A number of schools have begun using "automated plagiarism scanners" to detect plagiarized work in student papers, like [http://turnitin.com/static/home.html. turnitin.com]. Students submit their work online and must agree to a clickwrap license agreement before submission. The scanner automates the plagiarism detection and generates a "originality report." Under the agreement, students' papers were also being archived on the database for use by the scanner for future originality reports. The students claimed the agreement was unenforceable and constituted copyright infringement on their papers. The court held the clickwrap agreement was enforceable over the students' arguments of infancy and duress. The court also found that even if the contract was unenforceable, the use of the papers constituted fair use. [http://www.iparadigms.com/iParadigms_03-11-08_Opinion.pdf Opinion] [http://arstechnica.com/news.ars/post/20080326-plagiarism-screener-gets-passing-grade-in-copyright-lawsuit.html Ars Technica Article]--[[User:DOBrien|DOBrien]] 09:03, 26 March 2008 (EDT)

The LATimes interviewed [http://latimesblogs.latimes.com/webscout/2008/03/rick-astley-kin.html Rick Astley] about his eponymous internet meme. [[User:Snitty|Snitty]] 08:16, 26 March 2008 (EDT)

Some [http://www.crunchgear.com/2008/03/25/craigslist-hoax-turns-out-to-be-pretty-craptastic/ Poor Sap] had an enemy post on Craig's List that all this guy's belongings were up for grabs. He got home to find 30 some odd people ransacking his house and refusing to give his belongings back, waiving their craigs list ads as proof that they had the right to take the stuff. So, is the anonymous poster allowed to keep his anonymity despite inducing 30 odd people to commit burglary? [[User:Snitty|Snitty]] 14:39, 25 March 2008 (EDT)

The [http://www.nytimes.com/2008/03/24/business/media/24rick.html?_r=1&scp=1&sq=rick+astley&st=nyt&oref=slogin New York Times] ran an article about Rickrolling. Yes, that is a link to the article. [[User:Snitty|Snitty]] 08:14, 24 March 2008 (EDT)

In a baffling interpretation of law [http://www.boingboing.net/2008/03/21/wwii-bomber-trademar.html certain companies] have been using the DMCA to coerce websites to take down 3D models of the companies products, claiming that these models, which are not being used in commerce, are violating the companies trademark. The companies are conveniently ignoring both that there is no trademark infringement, and that the DMCA is a copyright act. [[User:Snitty|Snitty]] 14:47, 22 March 2008 (EDT)

[http://www.betaleaks.com/ BetaLeaks], a website specifically set up to solicit NDA-breaking information from beta testers of upcoming MMOGS and other online games. One blogger's [http://tobolds.blogspot.com/2008/03/beta-leaks.html analysis]. --[[User:Dominik|Dominik]] 16:40, 20 March 2008 (EDT)

'''Dismissal of Fair Housing Discrimination Lawsuit Against Craigslist Affirmed by 7th Circuit''' A few years ago, a consortium of Chicago attorneys sued [http://www.craigslist.org Craigslist] alleging violations of the Fair Housing Act via rental postings which contained phrases such as "NO MINORITIES" and "no children." Read some of the background [http://www.craigslist.org/about/fair.housing.html here]. The District Court dismissed the suit 14 November 2006, holding that Craigslist was not liable since it could not be "a publisher" of content provided by its users. The 7th Circuit affirmed. Read Chief Judge Easterbrook's opinion [http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=rss_sho&shofile=07-1101_021.pdf here]. --[[User:DOBrien|DOBrien]] 19:39, 14 March 2008 (EDT)

[http://www.yaledailynews.com/articles/view/23938 Yale is considering blocking JuicyCampus.com] an internet gossip site. The site itself raises interesting questions about liable and anonymity on the Internet. March 10, 2008.

[http://www.abc.net.au/news/stories/2008/03/06/2181828.htm Australian Government sticks to guns on internet porn filters], March 6, 2008
The new Labor Government has proposed ... a clean feed. That means under law, your internet service provider
(ISP) must, if requested, provide a family friendly service that filters out X-rated pornography.

[http://bits.blogs.nytimes.com/2008/03/05/bank-asks-judge-to-dismiss-its-suit-against-wikileaks-site/index.html?th&emc=th Bank Moves to Withdraw Its Suit Against Wikileaks Site], March 5, 2008

[http://www.denverpost.com/breakingnews/ci_8455504 DIA keeps Wi-Fi on the mild side]: Denver International Airport filters its WiFi.

Ratemycop.com gets shutdown by its provider: http://blog.wired.com/27bstroke6/2008/03/godaddy-silence.html

==In-Class References==
===March 10===

*[http://www.ripe.net/news/study-youtube-hijacking.html RIPE analysis on the Pakistani YouTube "hijacking"]: video diagramming the traffic mis-routed to the Pakistan ISP
* [http://www.theatlantic.com/doc/200803/chinese-firewall âThe Connection Has Been Resetâ], Atlantic Monthly on the Chinese Firewall
* [http://quova.com/ Quova location tracking]
* [https://torproject.org/ Tor anonymizing software and network]

===March 12===
* Whois tools: http://uwhois.com/ or http://whois.domaintools.com/
* http://www.nytimes.com/ref/topnews/blog-index.html
* http://juicycampus.com/privacy_policy.php

===March 17===
* Image search, cute cats or infringement?: http://images.google.com/images?gbv=2&hl=en&q=kittens
* Bonsai Kitten: http://en.wikipedia.org/wiki/Bonsai_Kitten

===March 19===
* [http://www.internetnews.com/article.php/3734866/Open+Source+Group+is+4+For+4+on+GPL+Lawsuits.htm Open Source Group is 4 For 4 on GPL Lawsuits]
* [http://commons.wikimedia.org/wiki/Commons:Upload Wikimedia Commons: Upload]
* Sequoia an electronic voting machine maker is threatening to sue over the possibility of people checking the security of their machines in New Jersey http://www.freedom-to-tinker.com/?p=1265

===March 24===
* [http://youtube.com/watch?v=BqxqYiptNe0 Betamax Commercial]

===March 26===
* [http://scrabulous.com/ Scrabulous] and [http://67.19.18.90/newimages/screenshot.gif screenshot]
* [http://flickr.com/photos/clovil/2359335809/ Scrabble]
* [http://www.copyright.gov/fls/fl108.html Copyright office circular re: games]
* [http://www.usdoj.gov/atr/cases/f219100/219126.htm Full Felten Report]

===March 31===
* http://www.google.com/search?q=google%20hacking
* http://www.cs.cmu.edu/~dst/DeCSS/Gallery/
* http://kaleidescape.com/

===Student Submissions===
* Larry Lessig leverages latent challenges against legislators via Wiki: [http://blog.wired.com/27bstroke6/2008/03/stanford-law-pr.html Rating Legislators via Wiki]

* Creative Labs has not prepared software drivers for its products to work under Windows Vista - What happens when a person known as Daniel_K writes and distributes unofficial drivers? He gets a takedown notice! [http://forums.creative.com/creativelabs/board/message?board.id=soundblaster&thread.id=116332 Stop helping us, or we'll sue]

Ilaw: News and Views

2008-04-01T22:27:35Z

Snitty: Started April, added a T-Mobile Engadget story

==April==

T-Mobile is suing Engadget Mobile for [http://www.engadget.com/2008/03/31/deutsche-telekom-t-mobile-demands-engadget-mobile-discontinue/ trademark infringement] of the color magenta. Specifically of 0xED008C. You can have trademark or trade dress protection in a color, but does T-Mobile rise to that level? [[User:Snitty|Snitty]] 18:27, 1 April 2008 (EDT)

==March==

The United Nations-based World Intellectual Property Organization ousted a record number of "cybersquatters" from Web sites with domain names referring to trademarked companies, foundations, and celebrities in 2007. [http://news.zdnet.com/2100-9588_22-6235857.html]--[[User:Chriswurster|Chriswurster]] 15:57, 28 March 2008 (EDT)

'''Comcast Announces Reconfiguration of Traffic Management''' In a press release today, Comcast announced it is undertaking an effort to work with BitTorrent, and other third parties, concerning traffic shaping techniques they have been openly using across their network infastructure. Since May 2007, it has been widely known that Comcast has implemented technology which effectively hindered the use of certain protocols, namely those which utilize BitTorrent and other P2P networks. The technology injects TCP RST packets into streams, causing users to drop connections to peers. The rationale is that these protocols use a significant amount of bandwith, which arguably affects stream rates of other users and congests networks. In today's press release, Comcast noted it will be "migrat[ing] by year-end to a capacity management technique that is protocol agnostic." [http://www.comcast.com/About/PressRelease/PressReleaseDetail.ashx?PRID=740 Press Release]--[[User:DOBrien|DOBrien]] 17:07, 27 March 2008 (EDT)

'''Court holds against student copyrights to papers submitted to plagiarism scanner.''' A number of schools have begun using "automated plagiarism scanners" to detect plagiarized work in student papers, like [http://turnitin.com/static/home.html. turnitin.com]. Students submit their work online and must agree to a clickwrap license agreement before submission. The scanner automates the plagiarism detection and generates a "originality report." Under the agreement, students' papers were also being archived on the database for use by the scanner for future originality reports. The students claimed the agreement was unenforceable and constituted copyright infringement on their papers. The court held the clickwrap agreement was enforceable over the students' arguments of infancy and duress. The court also found that even if the contract was unenforceable, the use of the papers constituted fair use. [http://www.iparadigms.com/iParadigms_03-11-08_Opinion.pdf Opinion] [http://arstechnica.com/news.ars/post/20080326-plagiarism-screener-gets-passing-grade-in-copyright-lawsuit.html Ars Technica Article]--[[User:DOBrien|DOBrien]] 09:03, 26 March 2008 (EDT)

The LATimes interviewed [http://latimesblogs.latimes.com/webscout/2008/03/rick-astley-kin.html Rick Astley] about his eponymous internet meme. [[User:Snitty|Snitty]] 08:16, 26 March 2008 (EDT)

Some [http://www.crunchgear.com/2008/03/25/craigslist-hoax-turns-out-to-be-pretty-craptastic/ Poor Sap] had an enemy post on Craig's List that all this guy's belongings were up for grabs. He got home to find 30 some odd people ransacking his house and refusing to give his belongings back, waiving their craigs list ads as proof that they had the right to take the stuff. So, is the anonymous poster allowed to keep his anonymity despite inducing 30 odd people to commit burglary? [[User:Snitty|Snitty]] 14:39, 25 March 2008 (EDT)

The [http://www.nytimes.com/2008/03/24/business/media/24rick.html?_r=1&scp=1&sq=rick+astley&st=nyt&oref=slogin New York Times] ran an article about Rickrolling. Yes, that is a link to the article. [[User:Snitty|Snitty]] 08:14, 24 March 2008 (EDT)

In a baffling interpretation of law [http://www.boingboing.net/2008/03/21/wwii-bomber-trademar.html certain companies] have been using the DMCA to coerce websites to take down 3D models of the companies products, claiming that these models, which are not being used in commerce, are violating the companies trademark. The companies are conveniently ignoring both that there is no trademark infringement, and that the DMCA is a copyright act. [[User:Snitty|Snitty]] 14:47, 22 March 2008 (EDT)

[http://www.betaleaks.com/ BetaLeaks], a website specifically set up to solicit NDA-breaking information from beta testers of upcoming MMOGS and other online games. One blogger's [http://tobolds.blogspot.com/2008/03/beta-leaks.html analysis]. --[[User:Dominik|Dominik]] 16:40, 20 March 2008 (EDT)

'''Dismissal of Fair Housing Discrimination Lawsuit Against Craigslist Affirmed by 7th Circuit''' A few years ago, a consortium of Chicago attorneys sued [http://www.craigslist.org Craigslist] alleging violations of the Fair Housing Act via rental postings which contained phrases such as "NO MINORITIES" and "no children." Read some of the background [http://www.craigslist.org/about/fair.housing.html here]. The District Court dismissed the suit 14 November 2006, holding that Craigslist was not liable since it could not be "a publisher" of content provided by its users. The 7th Circuit affirmed. Read Chief Judge Easterbrook's opinion [http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=rss_sho&shofile=07-1101_021.pdf here]. --[[User:DOBrien|DOBrien]] 19:39, 14 March 2008 (EDT)

[http://www.yaledailynews.com/articles/view/23938 Yale is considering blocking JuicyCampus.com] an internet gossip site. The site itself raises interesting questions about liable and anonymity on the Internet. March 10, 2008.

[http://www.abc.net.au/news/stories/2008/03/06/2181828.htm Australian Government sticks to guns on internet porn filters], March 6, 2008
The new Labor Government has proposed ... a clean feed. That means under law, your internet service provider
(ISP) must, if requested, provide a family friendly service that filters out X-rated pornography.

[http://bits.blogs.nytimes.com/2008/03/05/bank-asks-judge-to-dismiss-its-suit-against-wikileaks-site/index.html?th&emc=th Bank Moves to Withdraw Its Suit Against Wikileaks Site], March 5, 2008

[http://www.denverpost.com/breakingnews/ci_8455504 DIA keeps Wi-Fi on the mild side]: Denver International Airport filters its WiFi.

Ratemycop.com gets shutdown by its provider: http://blog.wired.com/27bstroke6/2008/03/godaddy-silence.html

==In-Class References==
===March 10===

*[http://www.ripe.net/news/study-youtube-hijacking.html RIPE analysis on the Pakistani YouTube "hijacking"]: video diagramming the traffic mis-routed to the Pakistan ISP
* [http://www.theatlantic.com/doc/200803/chinese-firewall âThe Connection Has Been Resetâ], Atlantic Monthly on the Chinese Firewall
* [http://quova.com/ Quova location tracking]
* [https://torproject.org/ Tor anonymizing software and network]

===March 12===
* Whois tools: http://uwhois.com/ or http://whois.domaintools.com/
* http://www.nytimes.com/ref/topnews/blog-index.html
* http://juicycampus.com/privacy_policy.php

===March 17===
* Image search, cute cats or infringement?: http://images.google.com/images?gbv=2&hl=en&q=kittens
* Bonsai Kitten: http://en.wikipedia.org/wiki/Bonsai_Kitten

===March 19===
* [http://www.internetnews.com/article.php/3734866/Open+Source+Group+is+4+For+4+on+GPL+Lawsuits.htm Open Source Group is 4 For 4 on GPL Lawsuits]
* [http://commons.wikimedia.org/wiki/Commons:Upload Wikimedia Commons: Upload]
* Sequoia an electronic voting machine maker is threatening to sue over the possibility of people checking the security of their machines in New Jersey http://www.freedom-to-tinker.com/?p=1265

===March 24===
* [http://youtube.com/watch?v=BqxqYiptNe0 Betamax Commercial]

===March 26===
* [http://scrabulous.com/ Scrabulous] and [http://67.19.18.90/newimages/screenshot.gif screenshot]
* [http://flickr.com/photos/clovil/2359335809/ Scrabble]
* [http://www.copyright.gov/fls/fl108.html Copyright office circular re: games]
* [http://www.usdoj.gov/atr/cases/f219100/219126.htm Full Felten Report]

===March 31===
* http://www.google.com/search?q=google%20hacking
* http://www.cs.cmu.edu/~dst/DeCSS/Gallery/
* http://kaleidescape.com/

===Student Submissions===
* Larry Lessig leverages latent challenges against legislators via Wiki: [http://blog.wired.com/27bstroke6/2008/03/stanford-law-pr.html Rating Legislators via Wiki]

* Creative Labs has not prepared software drivers for its products to work under Windows Vista - What happens when a person known as Daniel_K writes and distributes unofficial drivers? He gets a takedown notice! [http://forums.creative.com/creativelabs/board/message?board.id=soundblaster&thread.id=116332 Stop helping us, or we'll sue]

Ilaw: Wikipedia Assignment

2008-03-31T13:41:12Z

Snitty: /* Ben Snitkoff: Personal Jurisdiction in Internet Cases */ Update

Place your wiki page and thoughts here.

===Ben Snitkoff: Personal Jurisdiction in Internet Cases===
I chose to edit the [http://en.wikipedia.org/wiki/Personal_jurisdiction_in_internet_cases Personal Jurisdiction in Internet Cases] page, as it was covered in our third class.

====March 16, 2008====
I just finished editing the [http://en.wikipedia.org/wiki/Personal_jurisdiction_in_internet_cases Personal Jurisdiction in Internet Cases] page. First thing I'll say is that editing a wikipedia page wholesale like that is a lot harder then it looks. The markup is very different then anything I was used to, so I made quite a few errors in the markup, and probably one or two in text too. It's kind of like writing a short memo in word, but without the benefit of being able to see the formatting before you're done. Not pleasant.

====March 31, 2008====
Someone has finally edited my article, but only to correct a possessive and make "defendant" vs. "Defendant" changes. I therefore conclude that my legal analysis is beyond reproach. Or, at least up to the standards of wikipedia.

===John Long: GNU GPL===
I chose to edit the [http://en.wikipedia.org/wiki/GNU_General_Public_License#Criticism GNU GPL] page after our discussion in class today.
====March 20, 2008====
12:00 AM. I was able to edit the page more easily than I thought, save for the markup. With extensive coverage already present, it was easy to pick out what I needed to get a quick first edit completed. I continue to believe that the GPL is one of the most restrictive licenses ever conceived. I also believe that it will eventually be found unconstitutional in the United States, despite [http://en.wikipedia.org/wiki/BusyBox#GPL_lawsuits prevailing recently in US courts]. Wikipedia will not allow me to post my unpublished, baseless (and at the moment unprovable) criticism of the GNU GPL. I fault Wikipedia for that shortcoming.

====March 20, 2008====
6:49 PM. Nice. Somebody has already read the link I posted and added to my original entry.

Ilaw: News and Views

2008-03-26T12:16:59Z

Snitty: /* March */ Yeah, I know. Cut it out.

==March==

The LATimes interviewed [http://latimesblogs.latimes.com/webscout/2008/03/rick-astley-kin.html Rick Astley] about his eponymous internet meme. [[User:Snitty|Snitty]] 08:16, 26 March 2008 (EDT)

Some [http://www.crunchgear.com/2008/03/25/craigslist-hoax-turns-out-to-be-pretty-craptastic/ Poor Sap] had an enemy post on Craig's List that all this guy's belongings were up for grabs. He got home to find 30 some odd people ransacking his house and refusing to give his belongings back, waiving their craigs list ads as proof that they had the right to take the stuff. So, is the anonymous poster allowed to keep his anonymity despite inducing 30 odd people to commit burglary? [[User:Snitty|Snitty]] 14:39, 25 March 2008 (EDT)

The [http://www.nytimes.com/2008/03/24/business/media/24rick.html?_r=1&scp=1&sq=rick+astley&st=nyt&oref=slogin New York Times] ran an article about Rickrolling. Yes, that is a link to the article. [[User:Snitty|Snitty]] 08:14, 24 March 2008 (EDT)

In a baffling interpretation of law [http://www.boingboing.net/2008/03/21/wwii-bomber-trademar.html certain companies] have been using the DMCA to coerce websites to take down 3D models of the companies products, claiming that these models, which are not being used in commerce, are violating the companies trademark. The companies are conveniently ignoring both that there is no trademark infringement, and that the DMCA is a copyright act. [[User:Snitty|Snitty]] 14:47, 22 March 2008 (EDT)

[http://www.betaleaks.com/ BetaLeaks], a website specifically set up to solicit NDA-breaking information from beta testers of upcoming MMOGS and other online games. One blogger's [http://tobolds.blogspot.com/2008/03/beta-leaks.html analysis]. --[[User:Dominik|Dominik]] 16:40, 20 March 2008 (EDT)

'''Dismissal of Fair Housing Discrimination Lawsuit Against Craigslist Affirmed by 7th Circuit''' A few years ago, a consortium of Chicago attorneys sued [http://www.craigslist.org Craigslist] alleging violations of the Fair Housing Act via rental postings which contained phrases such as "NO MINORITIES" and "no children." Read some of the background [http://www.craigslist.org/about/fair.housing.html here]. The District Court dismissed the suit 14 November 2006, holding that Craigslist was not liable since it could not be "a publisher" of content provided by its users. The 7th Circuit affirmed. Read Chief Judge Easterbrook's opinion [http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=rss_sho&shofile=07-1101_021.pdf here]. --[[User:DOBrien|DOBrien]] 19:39, 14 March 2008 (EDT)

[http://www.yaledailynews.com/articles/view/23938 Yale is considering blocking JuicyCampus.com] an internet gossip site. The site itself raises interesting questions about liable and anonymity on the Internet. March 10, 2008.

[http://www.abc.net.au/news/stories/2008/03/06/2181828.htm Australian Government sticks to guns on internet porn filters], March 6, 2008
The new Labor Government has proposed ... a clean feed. That means under law, your internet service provider
(ISP) must, if requested, provide a family friendly service that filters out X-rated pornography.

[http://bits.blogs.nytimes.com/2008/03/05/bank-asks-judge-to-dismiss-its-suit-against-wikileaks-site/index.html?th&emc=th Bank Moves to Withdraw Its Suit Against Wikileaks Site], March 5, 2008

[http://www.denverpost.com/breakingnews/ci_8455504 DIA keeps Wi-Fi on the mild side]: Denver International Airport filters its WiFi.

Ratemycop.com gets shutdown by its provider: http://blog.wired.com/27bstroke6/2008/03/godaddy-silence.html

==In-Class References==
===March 10===

*[http://www.ripe.net/news/study-youtube-hijacking.html RIPE analysis on the Pakistani YouTube "hijacking"]: video diagramming the traffic mis-routed to the Pakistan ISP
* [http://www.theatlantic.com/doc/200803/chinese-firewall âThe Connection Has Been Resetâ], Atlantic Monthly on the Chinese Firewall
* [http://quova.com/ Quova location tracking]
* [https://torproject.org/ Tor anonymizing software and network]

===March 12===
* Whois tools: http://uwhois.com/ or http://whois.domaintools.com/
* http://www.nytimes.com/ref/topnews/blog-index.html
* http://juicycampus.com/privacy_policy.php

===March 17===
* Image search, cute cats or infringement?: http://images.google.com/images?gbv=2&hl=en&q=kittens
* Bonsai Kitten: http://en.wikipedia.org/wiki/Bonsai_Kitten

===March 19===
* [http://www.internetnews.com/article.php/3734866/Open+Source+Group+is+4+For+4+on+GPL+Lawsuits.htm Open Source Group is 4 For 4 on GPL Lawsuits]
* [http://commons.wikimedia.org/wiki/Commons:Upload Wikimedia Commons: Upload]
* Sequoia an electronic voting machine maker is threatening to sue over the possibility of people checking the security of their machines in New Jersey http://www.freedom-to-tinker.com/?p=1265

===March 24===
* [http://youtube.com/watch?v=BqxqYiptNe0 Betamax Commercial]

===Student Submissions===
Larry Lessig leverages latent challenges against legislators via Wiki: http://blog.wired.com/27bstroke6/2008/03/stanford-law-pr.html

Ilaw: News and Views

2008-03-25T18:39:34Z

Snitty: March: Craig's List House Raid

==March==

Some [http://www.crunchgear.com/2008/03/25/craigslist-hoax-turns-out-to-be-pretty-craptastic/ Poor Sap] had an enemy post on Craig's List that all this guy's belongings were up for grabs. He got home to find 30 some odd people ransacking his house and refusing to give his belongings back, waiving their craigs list ads as proof that they had the right to take the stuff. So, is the anonymous poster allowed to keep his anonymity despite inducing 30 odd people to commit burglary? [[User:Snitty|Snitty]] 14:39, 25 March 2008 (EDT)

The [http://www.nytimes.com/2008/03/24/business/media/24rick.html?_r=1&scp=1&sq=rick+astley&st=nyt&oref=slogin New York Times] ran an article about Rickrolling. Yes, that is a link to the article. [[User:Snitty|Snitty]] 08:14, 24 March 2008 (EDT)

In a baffling interpretation of law [http://www.boingboing.net/2008/03/21/wwii-bomber-trademar.html certain companies] have been using the DMCA to coerce websites to take down 3D models of the companies products, claiming that these models, which are not being used in commerce, are violating the companies trademark. The companies are conveniently ignoring both that there is no trademark infringement, and that the DMCA is a copyright act. [[User:Snitty|Snitty]] 14:47, 22 March 2008 (EDT)

[http://www.betaleaks.com/ BetaLeaks], a website specifically set up to solicit NDA-breaking information from beta testers of upcoming MMOGS and other online games. One blogger's [http://tobolds.blogspot.com/2008/03/beta-leaks.html analysis]. --[[User:Dominik|Dominik]] 16:40, 20 March 2008 (EDT)

'''Dismissal of Fair Housing Discrimination Lawsuit Against Craigslist Affirmed by 7th Circuit''' A few years ago, a consortium of Chicago attorneys sued [http://www.craigslist.org Craigslist] alleging violations of the Fair Housing Act via rental postings which contained phrases such as "NO MINORITIES" and "no children." Read some of the background [http://www.craigslist.org/about/fair.housing.html here]. The District Court dismissed the suit 14 November 2006, holding that Craigslist was not liable since it could not be "a publisher" of content provided by its users. The 7th Circuit affirmed. Read Chief Judge Easterbrook's opinion [http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=rss_sho&shofile=07-1101_021.pdf here]. --[[User:DOBrien|DOBrien]] 19:39, 14 March 2008 (EDT)

[http://www.yaledailynews.com/articles/view/23938 Yale is considering blocking JuicyCampus.com] an internet gossip site. The site itself raises interesting questions about liable and anonymity on the Internet. March 10, 2008.

[http://www.abc.net.au/news/stories/2008/03/06/2181828.htm Australian Government sticks to guns on internet porn filters], March 6, 2008
The new Labor Government has proposed ... a clean feed. That means under law, your internet service provider
(ISP) must, if requested, provide a family friendly service that filters out X-rated pornography.

[http://bits.blogs.nytimes.com/2008/03/05/bank-asks-judge-to-dismiss-its-suit-against-wikileaks-site/index.html?th&emc=th Bank Moves to Withdraw Its Suit Against Wikileaks Site], March 5, 2008

[http://www.denverpost.com/breakingnews/ci_8455504 DIA keeps Wi-Fi on the mild side]: Denver International Airport filters its WiFi.

Ratemycop.com gets shutdown by its provider: http://blog.wired.com/27bstroke6/2008/03/godaddy-silence.html

==In-Class References==
===March 10===

*[http://www.ripe.net/news/study-youtube-hijacking.html RIPE analysis on the Pakistani YouTube "hijacking"]: video diagramming the traffic mis-routed to the Pakistan ISP
* [http://www.theatlantic.com/doc/200803/chinese-firewall âThe Connection Has Been Resetâ], Atlantic Monthly on the Chinese Firewall
* [http://quova.com/ Quova location tracking]
* [https://torproject.org/ Tor anonymizing software and network]

===March 12===
* Whois tools: http://uwhois.com/ or http://whois.domaintools.com/
* http://www.nytimes.com/ref/topnews/blog-index.html
* http://juicycampus.com/privacy_policy.php

===March 17===
* Image search, cute cats or infringement?: http://images.google.com/images?gbv=2&hl=en&q=kittens
* Bonsai Kitten: http://en.wikipedia.org/wiki/Bonsai_Kitten

===March 19===
* [http://www.internetnews.com/article.php/3734866/Open+Source+Group+is+4+For+4+on+GPL+Lawsuits.htm Open Source Group is 4 For 4 on GPL Lawsuits]
* [http://commons.wikimedia.org/wiki/Commons:Upload Wikimedia Commons: Upload]
* Sequoia an electronic voting machine maker is threatening to sue over the possibility of people checking the security of their machines in New Jersey http://www.freedom-to-tinker.com/?p=1265

===March 24===
* [http://youtube.com/watch?v=BqxqYiptNe0 Betamax Commercial]

===Student Submissions===
Larry Lessig leverages latent challenges against legislators via Wiki: http://blog.wired.com/27bstroke6/2008/03/stanford-law-pr.html

Ilaw: News and Views

2008-03-24T12:14:05Z

Snitty: March: NYT Rickroll article

==March==

The [http://www.nytimes.com/2008/03/24/business/media/24rick.html?_r=1&scp=1&sq=rick+astley&st=nyt&oref=slogin New York Times] ran an article about Rickrolling. Yes, that is a link to the article. [[User:Snitty|Snitty]] 08:14, 24 March 2008 (EDT)

In a baffling interpretation of law [http://www.boingboing.net/2008/03/21/wwii-bomber-trademar.html certain companies] have been using the DMCA to coerce websites to take down 3D models of the companies products, claiming that these models, which are not being used in commerce, are violating the companies trademark. The companies are conveniently ignoring both that there is no trademark infringement, and that the DMCA is a copyright act. [[User:Snitty|Snitty]] 14:47, 22 March 2008 (EDT)

[http://www.betaleaks.com/ BetaLeaks], a website specifically set up to solicit NDA-breaking information from beta testers of upcoming MMOGS and other online games. One blogger's [http://tobolds.blogspot.com/2008/03/beta-leaks.html analysis]. --[[User:Dominik|Dominik]] 16:40, 20 March 2008 (EDT)

'''Dismissal of Fair Housing Discrimination Lawsuit Against Craigslist Affirmed by 7th Circuit''' A few years ago, a consortium of Chicago attorneys sued [http://www.craigslist.org Craigslist] alleging violations of the Fair Housing Act via rental postings which contained phrases such as "NO MINORITIES" and "no children." Read some of the background [http://www.craigslist.org/about/fair.housing.html here]. The District Court dismissed the suit 14 November 2006, holding that Craigslist was not liable since it could not be "a publisher" of content provided by its users. The 7th Circuit affirmed. Read Chief Judge Easterbrook's opinion [http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=rss_sho&shofile=07-1101_021.pdf here]. --[[User:DOBrien|DOBrien]] 19:39, 14 March 2008 (EDT)

[http://www.yaledailynews.com/articles/view/23938 Yale is considering blocking JuicyCampus.com] an internet gossip site. The site itself raises interesting questions about liable and anonymity on the Internet. March 10, 2008.

[http://www.abc.net.au/news/stories/2008/03/06/2181828.htm Australian Government sticks to guns on internet porn filters], March 6, 2008
The new Labor Government has proposed ... a clean feed. That means under law, your internet service provider
(ISP) must, if requested, provide a family friendly service that filters out X-rated pornography.

[http://bits.blogs.nytimes.com/2008/03/05/bank-asks-judge-to-dismiss-its-suit-against-wikileaks-site/index.html?th&emc=th Bank Moves to Withdraw Its Suit Against Wikileaks Site], March 5, 2008

[http://www.denverpost.com/breakingnews/ci_8455504 DIA keeps Wi-Fi on the mild side]: Denver International Airport filters its WiFi.

Ratemycop.com gets shutdown by its provider: http://blog.wired.com/27bstroke6/2008/03/godaddy-silence.html

==In-Class References==
===March 10===

*[http://www.ripe.net/news/study-youtube-hijacking.html RIPE analysis on the Pakistani YouTube "hijacking"]: video diagramming the traffic mis-routed to the Pakistan ISP
* [http://www.theatlantic.com/doc/200803/chinese-firewall âThe Connection Has Been Resetâ], Atlantic Monthly on the Chinese Firewall
* [http://quova.com/ Quova location tracking]
* [https://torproject.org/ Tor anonymizing software and network]

===March 12===
* Whois tools: http://uwhois.com/ or http://whois.domaintools.com/
* http://www.nytimes.com/ref/topnews/blog-index.html
* http://juicycampus.com/privacy_policy.php

===March 17===
* Image search, cute cats or infringement?: http://images.google.com/images?gbv=2&hl=en&q=kittens
* Bonsai Kitten: http://en.wikipedia.org/wiki/Bonsai_Kitten

===March 19===
* [http://www.internetnews.com/article.php/3734866/Open+Source+Group+is+4+For+4+on+GPL+Lawsuits.htm Open Source Group is 4 For 4 on GPL Lawsuits]
* [http://commons.wikimedia.org/wiki/Commons:Upload Wikimedia Commons: Upload]
* Sequoia an electronic voting machine maker is threatening to sue over the possibility of people checking the security of their machines in New Jersey http://www.freedom-to-tinker.com/?p=1265

===Student Submissions===
Larry Lessig leverages latent challenges against legislators via Wiki: http://blog.wired.com/27bstroke6/2008/03/stanford-law-pr.html

Ilaw: News and Views

2008-03-22T18:47:31Z

Snitty: March story about companies DMCA abuse.

==March==

In a baffling interpretation of law [http://www.boingboing.net/2008/03/21/wwii-bomber-trademar.html certain companies] have been using the DMCA to coerce websites to take down 3D models of the companies products, claiming that these models, which are not being used in commerce, are violating the companies trademark. The companies are conveniently ignoring both that there is no trademark infringement, and that the DMCA is a copyright act. [[User:Snitty|Snitty]] 14:47, 22 March 2008 (EDT)

[http://www.betaleaks.com/ BetaLeaks], a website specifically set up to solicit NDA-breaking information from beta testers of upcoming MMOGS and other online games. One blogger's [http://tobolds.blogspot.com/2008/03/beta-leaks.html analysis]. --[[User:Dominik|Dominik]] 16:40, 20 March 2008 (EDT)

'''Dismissal of Fair Housing Discrimination Lawsuit Against Craigslist Affirmed by 7th Circuit''' A few years ago, a consortium of Chicago attorneys sued [http://www.craigslist.org Craigslist] alleging violations of the Fair Housing Act via rental postings which contained phrases such as "NO MINORITIES" and "no children." Read some of the background [http://www.craigslist.org/about/fair.housing.html here]. The District Court dismissed the suit 14 November 2006, holding that Craigslist was not liable since it could not be "a publisher" of content provided by its users. The 7th Circuit affirmed. Read Chief Judge Easterbrook's opinion [http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=rss_sho&shofile=07-1101_021.pdf here]. --[[User:DOBrien|DOBrien]] 19:39, 14 March 2008 (EDT)

[http://www.yaledailynews.com/articles/view/23938 Yale is considering blocking JuicyCampus.com] an internet gossip site. The site itself raises interesting questions about liable and anonymity on the Internet. March 10, 2008.

[http://www.abc.net.au/news/stories/2008/03/06/2181828.htm Australian Government sticks to guns on internet porn filters], March 6, 2008
The new Labor Government has proposed ... a clean feed. That means under law, your internet service provider
(ISP) must, if requested, provide a family friendly service that filters out X-rated pornography.

[http://bits.blogs.nytimes.com/2008/03/05/bank-asks-judge-to-dismiss-its-suit-against-wikileaks-site/index.html?th&emc=th Bank Moves to Withdraw Its Suit Against Wikileaks Site], March 5, 2008

[http://www.denverpost.com/breakingnews/ci_8455504 DIA keeps Wi-Fi on the mild side]: Denver International Airport filters its WiFi.

Ratemycop.com gets shutdown by its provider: http://blog.wired.com/27bstroke6/2008/03/godaddy-silence.html

==In-Class References==
===March 10===

*[http://www.ripe.net/news/study-youtube-hijacking.html RIPE analysis on the Pakistani YouTube "hijacking"]: video diagramming the traffic mis-routed to the Pakistan ISP
* [http://www.theatlantic.com/doc/200803/chinese-firewall âThe Connection Has Been Resetâ], Atlantic Monthly on the Chinese Firewall
* [http://quova.com/ Quova location tracking]
* [https://torproject.org/ Tor anonymizing software and network]

===March 12===
* Whois tools: http://uwhois.com/ or http://whois.domaintools.com/
* http://www.nytimes.com/ref/topnews/blog-index.html
* http://juicycampus.com/privacy_policy.php

===March 17===
* Image search, cute cats or infringement?: http://images.google.com/images?gbv=2&hl=en&q=kittens
* Bonsai Kitten: http://en.wikipedia.org/wiki/Bonsai_Kitten

===March 19===
* [http://www.internetnews.com/article.php/3734866/Open+Source+Group+is+4+For+4+on+GPL+Lawsuits.htm Open Source Group is 4 For 4 on GPL Lawsuits]
* [http://commons.wikimedia.org/wiki/Commons:Upload Wikimedia Commons: Upload]
* Sequoia an electronic voting machine maker is threatening to sue over the possibility of people checking the security of their machines in New Jersey http://www.freedom-to-tinker.com/?p=1265

===Student Submissions===
Larry Lessig leverages latent challenges against legislators via Wiki: http://blog.wired.com/27bstroke6/2008/03/stanford-law-pr.html

Questions

2008-03-19T12:56:22Z

Snitty: /* Class 5 - Monopoly Conduct II */ Added comment on Bundling.

This page is for any questions about the reading or class discussion
==Class 1 - Introduction==
==Class 2 - Enforcement and Monopolization==
==Class 3 - The Modern Offense of Monopolization==
==Class 4 - Monopoly Conduct==
===Question 1===
I'm still stuck on how embedding service in with United Shoe's leases was anti-competitive. I get that the lease was, but what is inherently anti-competitive to other shoe machinery sellers about offering a service with your lease? After all the lease was the industry standard since the civil war. I do get that this clause limited a third party service industry, but I don't understand how it was anti-competitive with regard to other shoe machinery manufacturers.
===Answer 1===
Consider it as a matter of barriers to entry: What do you need to gather to start selling shoe machinery? If the 70-80% market leader offers only "leases with service included," customers can't price the service separately, and independent service organizations can't easily develop (with max 30% of the shoe machines to service). To get started, the would-be competitor must be able to offer both machines and service.
==Class 5 - Monopoly Conduct II==
===Comment===
In the notes after ''Trinko,'' the supplement mentions a case ''Evic Class Action Litigation.'' The book says that the case "held that UPS's software for tracing packages could be an essential facility that must be shared with rivals." Defendant, UPS, had brought a motion to dismiss. The court found that the plaintiff class, sellers of shipping insurance, had alleged sufficient facts relating to the use of UPS facilities for selling insurance as essential facilities to survive a demurrer. The court did not hold, as the text implies, that UPS would have to allow FedEx to use UPS's tracking software.
===Comment===
Wikipedia Entry on Bundling (Tying) http://en.wikipedia.org/wiki/Product_tying

Ilaw: News and Views

2008-03-18T20:03:04Z

Snitty: /* March 17 */ Fixed.

==March==

'''Dismissal of Fair Housing Discrimination Lawsuit Against Craigslist Affirmed by 7th Circuit''' A few years ago, a consortium of Chicago attorneys sued [http://www.craigslist.org Craigslist] alleging violations of the Fair Housing Act via rental postings which contained phrases such as "NO MINORITIES" and "no children." Read some of the background [http://www.craigslist.org/about/fair.housing.html here]. The District Court dismissed the suit 14 November 2006, holding that Craigslist was not liable since it could not be "a publisher" of content provided by its users. The 7th Circuit affirmed. Read Chief Judge Easterbrook's opinion [http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=rss_sho&shofile=07-1101_021.pdf here]. --[[User:DOBrien|DOBrien]] 19:39, 14 March 2008 (EDT)

[http://www.yaledailynews.com/articles/view/23938 Yale is considering blocking JuicyCampus.com] an internet gossip site. The site itself raises interesting questions about liable and anonymity on the Internet. March 10, 2008.

[http://www.abc.net.au/news/stories/2008/03/06/2181828.htm Australian Government sticks to guns on internet porn filters], March 6, 2008
The new Labor Government has proposed ... a clean feed. That means under law, your internet service provider
(ISP) must, if requested, provide a family friendly service that filters out X-rated pornography.

[http://bits.blogs.nytimes.com/2008/03/05/bank-asks-judge-to-dismiss-its-suit-against-wikileaks-site/index.html?th&emc=th Bank Moves to Withdraw Its Suit Against Wikileaks Site], March 5, 2008

[http://www.denverpost.com/breakingnews/ci_8455504 DIA keeps Wi-Fi on the mild side]: Denver International Airport filters its WiFi.

Ratemycop.com gets shutdown by its provider: http://blog.wired.com/27bstroke6/2008/03/godaddy-silence.html

==In-Class References==
===March 10===

*[http://www.ripe.net/news/study-youtube-hijacking.html RIPE analysis on the Pakistani YouTube "hijacking"]: video diagramming the traffic mis-routed to the Pakistan ISP
* [http://www.theatlantic.com/doc/200803/chinese-firewall âThe Connection Has Been Resetâ], Atlantic Monthly on the Chinese Firewall
* [http://quova.com/ Quova location tracking]
* [https://torproject.org/ Tor anonymizing software and network]

===March 12===
* Whois tools: http://uwhois.com/ or http://whois.domaintools.com/
* http://www.nytimes.com/ref/topnews/blog-index.html
* http://juicycampus.com/privacy_policy.php

===March 17===
* Image search, cute cats or infringement?: http://images.google.com/images?gbv=2&hl=en&q=kittens
* Bonsai Kitten: http://en.wikipedia.org/wiki/Bonsai_Kitten

Ilaw: News and Views

2008-03-18T19:07:51Z

Snitty: /* March 17 */ Please don't refer me to the student discipline for this.

Questions

2008-03-17T12:07:36Z

Snitty: Clarified a squib in the supplement.

Ilaw: Wikipedia Assignment

2008-03-16T18:28:34Z

Snitty: Started the page, added my experience thus far.

Questions

2008-03-12T18:15:50Z

Snitty: Added New class and a question

Ilaw: News and Views

2008-03-10T16:05:46Z

Snitty: /* March */ JuicyCampus.com and yale.

==March==

[http://www.yaledailynews.com/articles/view/23938 Yale is considering blocking JuicyCampus.com] an internet gossip site. The site itself raises interesting questions about liable and anonymity on the Internet. March 10, 2008.

[http://www.abc.net.au/news/stories/2008/03/06/2181828.htm Australian Government sticks to guns on internet porn filters], March 6, 2008
The new Labor Government has proposed ... a clean feed. That means under law, your internet service provider
(ISP) must, if requested, provide a family friendly service that filters out X-rated pornography.

[http://bits.blogs.nytimes.com/2008/03/05/bank-asks-judge-to-dismiss-its-suit-against-wikileaks-site/index.html?th&emc=th Bank Moves to Withdraw Its Suit Against Wikileaks Site], March 5, 2008

[http://www.denverpost.com/breakingnews/ci_8455504 DIA keeps Wi-Fi on the mild side]: Denver International Airport filters its WiFi.

Questions

2008-03-09T21:24:27Z

Snitty: Minor reformatting

This page is for any questions about the reading or class discussion
==Class 1 - Introduction==
==Class 2 - Enforcement and Monopolization==
==Class 3 - The Modern Offense of Monopolization==

Questions

2008-03-09T21:23:43Z

Snitty: Created and initally formatted the page

=Questions=
This page is for any questions about the reading or class discussion.

==Class 1 - Introduction==
==Class 2 - Enforcement and Monopolization==
==Class 3 - The Modern Offense of Monopolization==

Antitrust

2008-03-09T21:20:56Z

Snitty: Added a link to the newly created questions page

Antitrust meets Mondays and Wednesdays, 8:30-10:00.

Have a question about a class? Visit the [[Questions|questions]] page.

IP: News and Views

2007-11-14T16:25:45Z

Snitty: /* November */ Chewy Vuiton v. Louis Vuitton

What's new in IP-land?
=November=
'''Chewy Vuiton is a pardy of Louis Vuitton, and Not Subject to Liability for Trademark or Copyright Infringement or Dilution''' The Fourth Circuit [http://pacer.ca4.uscourts.gov/opinion.pdf/062267.P.pdf handed down this ruling] affirming summary judgment in favor of the dog toy manufacturer. [[User:Snitty|Snitty]] 11:25, 14 November 2007 (EST)

'''How to reclaim a site from domain squatters (via Wired)''' After reviewing the article, it is a poor how-to. However, it does provide a starting point for individuals or businesses to inspect domain squatting. There is also a very brief introduction to the statutory history based on Trent Lott's efforts. http://howto.wired.com/wiredhowtos/index.cgi?page_name=reclaim_your_site_from_domain_squatters

'''Google Being Sued by Northeastern University Over Patent Dispute''' The lawsuit alleges infringement over Patent # 5,694,593 entitled "Distributed Computer Database System and Method." The invention in question was invented by Professor Kenneth Baclawski, a professor in the computer science department. The invention is a method of searching and retrieving information from large, distributed databases. The complaint calls for a jury trial, injunction, and royalty payments. [http://www.google.com/patents?id=5eQoAAAAEBAJ&dq=5,694,593 Patent] [http://www.reuters.com/article/internetNews/idUSN1141636620071111?pageNumber=1 Reuters Article]--[[User:DOBrien|DOBrien]] 22:07, 11 November 2007 (EST)

'''Fair Use in Parody''' I think this website and the series of books bearing its name pretty much sum up the relevancy to the course. [http://www.barrytrotter.com/ BarryTrotter.com]

'''PerfumeBay.com infringes eBay.com's Trademark''' So says a [http://howappealing.law.com/110507.html#029560 9th Circuit opinion]. What's most interesting about this case is that the lower court's finding of a likelihood of confusion seemed to indicate that any "bay" site which wasn't using the "bay" for geography would pretty much be infringing eBay's trademark, that is, if they were selling anything.

'''Harry Potter & the Copyright Infringement Lawsuit''' Author J.K. Rowling and Warner Brothers filed suit on Wednesday (Halloween) in Manhattan against RDR Books and Does 1-10 for their plans to release a 400-page book entitled the "Harry Potter Lexicon." The offending book is alleged to contain a misappropriation of Rowling's fictional characters and universe, including: "list after list of spells and potions, imaginary places, fantastic creatures and invented games." Rowling asserts the book is also misleading "to consumers and will be marketed in a way that implies endorsement by Plaintiffs and will likely cause confusion." The publisher, RDR, states that the book contains much of the same material already on [http://www.hp-lexicon.org hp-lexicon.org], which is a "fan created collection of essays, spells and encyclopedic material on the Harry Potter universe." [http://ap.google.com/article/ALeqM5hIGNIcztySvpGhm95iGPhNL7ov1AD8SKS9FO1 AP Article] [http://online.wsj.com/public/resources/documents/harrypotter.pdf Complaint] [http://blogs.wsj.com/law/2007/11/02/harry-potter-the-copyright-infringement-lawsuit/ WSJ Article]--[[User:DOBrien|DOBrien]] 22:25, 2 November 2007 (EDT)

'''The difficulty of registering Tarzan's trademark yell''' "Tarzan's distinctive yell cannot be registered as a trademark because it is almost impossible to represent graphically. Sounds can be registered as trademarks, but the [OHIM] ruling could limit that to sounds that can be written in standard musical notation." http://www.theregister.co.uk/2007/10/31/tarzan_yell_trade_mark/
- Sean Toohey

'''Herman Miller protects its chairs in the fake-life''': http://crave.cnet.com/8301-1_105-9794128-1.html
Second Life game players produced virtual versions of Aeron chairs and sold them to the denizens of Second Life.
- John Long

=October=

'''The Pirate Bay Brings Back OiNK''' OiNK was a prominent bit torrent tracker formed in May 2004, Interpol forced it's closure this week due to a large amount of alleged copyright infringement-- notably pre-released music albums among others. The Pirate Bay, whom has constantly flashed the proverbial digital middle finger at copyright enforcement groups, has announced it will bring back OiNk as "BOiNK." This announcement shows a continuing resistance from the pirating communities: the idea that if you take down one torrent, a second will pop up soon thereafter. [http://torrentfreak.com/the-pirate-bay-to-bring-back-oink-071026/ TorrentFreak Article]--[[User:DOBrien|DOBrien]] 19:45, 26 October 2007 (EDT)

'''Colorado Rockies seek to trademark "Rocktober"'''
There are a surprising number of other uses for "Rocktober." Think the Rockies have developed secondary meaning for it?
http://sports.espn.go.com/mlb/playoffs2007/news/story?id=3070519
-Anna

'''Brewer in dispute with real Sam Adams'''
The Boston brewers of Sam Adams beer objected when they learned that a mayoral campaign here included Web sites invoking the name of their product: http://news.yahoo.com/s/ap/20071025/ap_on_re_us/odd_candidate_vs__beer
[[User:Carota.m|Carota.m]] 09:08, 25 October 2007 (EDT) <br />
[http://www.chillingeffects.org/domain/notice.cgi?NoticeID=16017 here's the letter]

'''IBM Aims to Patent Profiting Off Patents'''
http://www.washingtonpost.com/wp-dyn/content/article/2007/10/23/AR2007102301335.html

'''That's hot: Paris Hilton's trademark'''
Yes, even Paris Hilton is in on the intellectual property scene:
http://www.usatoday.com/life/people/2007-09-08-hilton-hallmark_N.htm
If you want to check it out, it's Serial No.: 76604206 or Registration No.: 3209488
Melissa O'Berg--[[User:129.10.177.254|129.10.177.254]] 16:21, 23 October 2007 (EDT)

'''Amazon Patents "In URL" Searching''' Amazon.com [http://yro.slashdot.org/article.pl?sid=07/10/23/1250255&from=rss was granted a patent] on a method of searching whereby you type in a url and the search term afterward. Example: "http://www.a9.com/Patent law" There's a "spirited" discussion at the above link regarding the obviousness of the patent.

'''AT&T Is Latest to Sue Vonage Over Patent''' http://www.nytimes.com/2007/10/20/technology/20phone.html

'''DMCA and Sweat Work Dispute''' The Nation's Largest seller of text books is [http://blog.wired.com/27bstroke6/2007/10/nations-largest.html suing] [http://ugenie.com/ Ugenie] for breach of contract (terms of service) and copyright infringement. The Plaintiff, Follett Higher Education Group goes around and collects course titles and book lists from colleges all over the country. They then make the information freely available on their website. They allege that Ugenie, in violation of the DMCA and Follett's terms of service, used bots to copy this information and post it on their own website. ([[User:Snitty|Snitty]] 11:53, 23 October 2007 (EDT))

'''Trademark Dispute!! HBO versus NY Fitness Instructor''' http://blogs.wsj.com/law/2007/10/22/a-trademark-dispute-the-city/ [posted by your favorite die hard Taco Cabana fan]

'''Law Firm Says Copyright Bans Users From Looking At Its Website HTML Source Code''' "We also own all of the code, including the HTML code, and all content. As you may know, you can view the HTML code with a standard browser. We do not permit you to view such code since we consider it to be our intellectual property protected by the copyright laws. You are therefore not authorized to do so." [http://techdirt.com/articles/20071017/092927.shtml]

A group of media and internet companies plans to announce online copyright protection guidelines in an attempt to combat infringing content uploaded by users of websites like YouTube. http://online.wsj.com/article/SB119269788721663302.html?mod=djemalert

'''Amazon.com's One-Click Patent Struck Down by PTO''' [http://igdmlgd.blogspot.com/2007/10/amazon-one-click-patent-rejected-by-us.html http://igdmlgd.blogspot.com/2007/10/amazon-one-click-patent-rejected-by-us.html]

'''Creative Chinese Knockoffs''' This isn't "news," but since we move onto trademarks soon I thought it would make an interesting post. Check out these pictures of Chinese knockoffs. [http://berimbauone.blogspot.com/2007/10/funny-chinese-knock-offs.html Knockoffs]

'''Nixon Peabody LLP Makes Terrible Song, Fair Use Ensues...''' Nixon Peabody LLP had a "theme" song made celebrating their firm. Apparently everyone's a winner at Nixon Peabody. The song was leaked, and picked up by various sources. Nixon Peabody was not to happy about this, and asked that the song be taken down. However, citing fair use, many sites kept it up. See the links for articles, the song itself, and a funny youtube clip covering the ordeal.
http://www.abovethelaw.com/2007/08/nixon_peabody_themesonggate_an.php
http://www.abovethelaw.com/images/NixonPeabody.mp3
http://youtube.com/watch?v=7SeL6i3sHM0 (apologies if sound doesn't work)

'''First Linux Patent Infringement Lawsuit Filed''' Complaint filed by IP Innovation, LLC against Red Hat and Novell. IP Innovation is claiming ownership of 3 patents entitled "User Interface With Multiple Workspaces for Sharing System Display Objects." The complaint alleges infringement through Red Hat Linux and Novell's Suse Linux products. [http://www.groklaw.net/pdf/IPvRH-1.pdf Complaint] [http://www.groklaw.net/article.php?story=20071011205044141 Groklaw Article]

"Label sues Perez Hilton for posting Brit's songs" Ok, so it isn't as high tech as some of the things we've been reading, but I was amused when I saw this & thought I'd share... http://www.msnbc.msn.com/id/21255700/ [-Valerie Cooney 10/11]

'''Event: Friday, Oct. 12''' Digital Freedom University's copyright debate and concert, Curry Student Center West Addition, Friday at 4 p.m. http://digitalfreedom.org/events/digital_freedom_university.html

'''One Way to Keep That 'Cease-and-Desist' Letter From Getting Posted Online, Copyright it''' In an attempt to avoid the embarrassment of having their cease and desist letters posted online companies are now claiming they hold a copyright on the letters so they cannot be posted online for the public to see (and probably make fun of). [http://techdirt.com/articles/20071005/174623.shtml]

'''Vonage and Sprint Settle Patent Dispute''' Vonage agrees to pay $80M to license Sprint's VoIP technology. The deal includes $35M in past infringement, $40M for future use and $5M in prepayment for services. Sprint asserted that Vonage had infringed on 6 patents. [http://online.wsj.com/article/SB119185093069752174.html?mod=googlenews_wsj WSJ]

'''Minnesota Woman Must Pay $222k for Kazaa'ing 24 songs''' "A 30-year-old Duluth, Minn., woman must pay six record companies $222,000 for violating copyright by downloading songs illegally and then sharing them through Kazaa, a federal jury has ruled in the first such lawsuit to go to trial." [http://blogs.usatoday.com/ondeadline/2007/10/minn-woman-must.html USA Today] [http://blog.wired.com/27bstroke6/riaa_trial/index.html Wired]

'''Family Guy Sued for Copyright Infringement''' The copyright owner of "When You Wish Upon A Star" [http://blogs.wsj.com/law/2007/10/04/the-family-guy-i-need-a-lawyer/ sued] Fox for the song [http://www.lyricsdownload.com/family-guy-i-need-a-jew-lyrics.html I Need A Jew]. The lyrics of When You Wish Upon a Star can be found [http://solosong.net/wish.html here]. The similarity between the lyrics and melody are undeniable, however is there a strong argument for fair use? How likely is this song to have an impact on the market for the original? Can they argue it was a pardoy and not satire?

'''Screenshots are fair use''' "We must decide whether the unauthorized use of a "screen shot" - a
frozen image from a personal video game - falls within the fair use exception to the law of copyright." From Sony v. Bleem. [[http://www.escapistmagazine.com/articles/view/issues/issue_117/2295-Best-Little-Emulator-Ever-Made background]] [[http://www.lexis.com/research/xlink?app=00075&view=full&searchtype=get&search=214+F.3d+1022 case on lexis]]

'''Sony BMG Says CD Ripping is Stealing''' Arguing that CD Ripping is [http://arstechnica.com/news.ars/post/20071002-sony-bmgs-chief-anti-piracy-lawyer-copying-music-you-own-is-stealing.html no longer fair use] Jennifer Pariser, a lawyer for Sony BMG said that making MP3s from your CDs is a nice way of saying that you're only stealing one copy of the music. Is this space or device shifting fair use? What if you download the music that you own on CD rather than ripping it from the CD yourself?

See http://blog.wired.com/27bstroke6/riaa_trial/index.html

'''iPhone Owners Contemplate Class Action Over "Bricking."''' [http://www.informationweek.com/blog/main/archives/2007/09/iphone_users_ta.html A disgruntled iPhone owner] is looking for people to join in a suit against Apple. They are alleging that Apple is refusing to support phones under warranty, specifically for those phones which people unlocked to work on other networks. Why is this IP related? Because unlocking your phone is fair use under the DMCA (which would ordinarlly forbid you from trying to circumvent protection like this. So can Apple either (1) not provide people with legitimate means to unlock their phones, or (2) void the warranties of those who do?

'''Old news regarding utility of gene patents'''
Speaking of utility and gene patents, the USPTO issued examination guidelines in 2001 http://www.uspto.gov/web/offices/com/sol/notices/utilexmguide.pdf :

"An
inventorÃ¢â¬â¢s discovery of a gene can be the
basis for a patent on the genetic
composition isolated from its natural
state and processed through purifying
steps that separate the gene from other
molecules naturally associated with it.
If a patent application discloses only
nucleic acid molecular structure for a
newly discovered gene, and no utility
for the claimed isolated gene, the
claimed invention is not patentable. But
when the inventor also discloses how to
use the purified gene isolated from its
natural state, the application satisfies
the Ã¢â¬ËÃ¢â¬ËutilityÃ¢â¬â¢Ã¢â¬â¢ requirement. That is, where
the application discloses a specific,
substantial, and credible utility for the
claimed isolated and purified gene, the
isolated and purified gene composition
may be patentable."

=September=

'''I know it's not new news''', but can you really blame the peer-to-peer networks/software companies/groups when the record industry seems to have been engaging in some anti-trust price hikes of their own? The record companies settled out of court with the attorney general...
[http://mblc.state.ma.us/mblc/publications/newsletter/2004/23_4/cd_settlement.php]
[--Melissa O'Berg 9/25]

'''Copyright Suit For Violating Open Source License''' "The Software Freedom Law Center, the nonprofit legal services organization supporting open source software projects, announced last week the filing of a lawsuit that it bills as the "first ever U.S. copyright infringement lawsuit based on a violation of the GNU General Public License (GPL)."" [http://brownraysman.typepad.com/technology_law_update/2007/09/will-the-gnu-gp.html]

'''Virgin sued for using teen's photo''' Virgin Mobile Australia is doing an ad campaign using photos they found on flickr. The photos they are using are all licensed under the Creative Commons, but there seems to be some dispute over whether the people depicted in the pictures need to be contacted before they are used.
article about it[http://www.smh.com.au/news/technology/virgin-sued-for-using-teens-photo/2007/09/21/1189881735928.html]
some discussion on slashdot[http://yro.slashdot.org/article.pl?sid=07/09/22/0319252]
discussion including the girl and her family on flickr[http://www.flickr.com/photos/sesh00/515961023/]

'''Robotics firm says rival stole designs''' In a case complete with private detectives and accusations of downloaded documents and shredded evidence, iRobot alleged last month that Robotic FX's products were built with trade secrets stolen by the upstart company's founder, a former iRobot engineer. http://www.boston.com/business/technology/articles/2007/09/21/robotics_firm_says_rival_stole_designs/?rss_id=Boston+Globe+--+Front+Page [Paula Lyons 9/21]

'''Judge Rules Star Tribune publisher must step down''' The Star Tribune's new publisher (hired only 3 days after he left Twin Cities rival newspaper The Pioneer Press) is now prohibited from working for the Star Tribune for 1 year after he was convicted of taking trade secret information from The Pioneer Press (a laptop with company docs and spreadsheets) to his new employer.
[http://www.startribune.com/535/story/1430139.html]

'''RIAA loses So-Cal copyright suit on MTD''' RIAA filed "boilerplate" complaint for infringement based on "downloading and distributing copyrighted works." Judge granted MTD for failure to state a claim, holding "Plaintiff here must present at least some facts to show the plausibility of their allegations of copyright infringement against defendant...other than the bare conclusory statement that on 'information and belief' defendant has downloaded, distributed and/or made available for distribution to the public copyrighted works..." [http://www.dailytech.com/RIAA+Loses+in+Precedentsetting+Case/article8884.htm DailyTech Article ], [http://www.ilrweb.com/viewILRPDF.asp?filename=interscope_rodriguez_061114Complaint Complaint], [http://www.ilrweb.com/viewILRPDF.asp?filename=interscope_rodriguez_070817OrderDismissComplaint Order]

'''Programmer Deletes Source Code -- Trade Secret Misappropriation''' [http://brownraysman.typepad.com/technology_law_update/2007/09/a-software-deve.html Technology Law Update] 9/17/07

'''The Piracy Paradox: How Illegal Copying is Good for the Fashion Industry''' [http://www.newyorker.com/talk/financial/2007/09/24/070924ta_talk_surowiecki The New Yorker].

'''Prince to sue YouTube, eBay over music use''' U.S. pop star Prince plans to sue YouTube and other major Web sites for unauthorized use of his music in a bid to "reclaim his art on the Internet."
http://music.yahoo.com/read/news/48019363
9/16/07

'''Company Patents Playlists, Sues Everyone''' "A company called Premier International Associates filed suit against a slew of tech companies . . . [for] violating Premier's patents for an electronic "List building system"Ã¢â¬âthe older of which was applied for in 1997 and issued in 2001." [http://arstechnica.com/news.ars/post/20070914-company-patents-playlists-sues-everyone.html Ars Technica] 9/14/07

'''Microsoft Patents Watermark That May Protect DRM-free Music''' Microsoft Corp. has won a patent for a digital-watermarking technology that could be used to protect the rights of content owners even when digital music is distributed without DRM protection. [http://news.yahoo.com/s/pcworld/20070912/tc_pcworld/137106;_ylt=AqHWO1oXfN_CBjbZUlfitvgjtBAF Microsoft Patents Watermark]

'''Copyright Protection for Sound Recordings Will Not be Extended in the UK'''
[http://www.tech.co.uk/home-entertainment/hi-fi-and-audio/music/news/beatles-music-to-be-free-after-2013?articleid=650590422] -- Not exactly new news, but I find it interesting that the US extended protection for Mickey Mouse and the UK isn't going to do it for the Beatles

'''House Passes Patent Reform Bill''' [http://www.patentlyo.com/patent/2007/09/patent-reform-2.html The Patent Law Blog] -- The Patent Law Blog has a good review of the provisions of the patent reform bill, H 1908. It's provisions include a transition to a first to file system, and an overhaul of the way courts should calculate damages. 9/11/07

'''Doctor Who Leaked Documents Will Pay $100,000 to Lilly''' [http://www.nytimes.com/2007/09/08/business/08lilly.html?_r=1&oref=slogin&ref=business&pagewanted=print NYT] -- Dr. Egilman received the documents as a litigation expert, then provided them to other sources including the New York Times. Is the NYT liable for trade secret misappropriation too?

'''Pharma Companies form Joint Venture''' Ã¢â¬â [http://www.nytimes.com/2007/09/07/business/07drug.html THe New York Times] is reporting that two companies, Isis Pharmaceuticals and Alnylam Pharmaceuticals have formed an equally owned joint venture, Regulus Pharmaceuticals. One of the driving forces behind the joint venture was to combine their IP, specifically, patents, in order to do research without fear of patent infringement. ([[User:Snitty|Snitty]] 08:20, 7 September 2007 (EDT))

'''Tech, drug companies battle over patent reform.'''
The [http://www.washingtonpost.com/wp-dyn/content/article/2007/09/03/AR2007090300426_pf.html Washington Post], reports on some of the lobbying around proposed [http://www.patentlyo.com/patent/2007/04/patent_reform_a.html Patent Reform] that Congress will consider on its return from recess. Look at the industry groups lined up on opposing sides. 9/3/07

'''Before Models Can Turn Around, Knockoffs Fly''' Fashion designers want IP protection for their designs. Should they get some? [http://www.nytimes.com/2007/09/04/us/04fashion.html?ref=fashion&pagewanted=all New York Times],
9/3/07

'''A big victory: Golan v. Gonzales''' Professor Larry Lessig [http://lessig.org/blog/2007/09/a_big_victory_golan_v_gonzales.html blogs] about the unanimous court ruling, effectively working towards that works that are in the public domain stay in the public domain. Also: [[http://cyberlaw.stanford.edu/case/golan-v-gonzales Stanford Center for Internet and Society]] 9/5/07

'''Pepsi Alerted Coca-Cola to Stolen-Coke-Secrets Offer''' In [http://www.foxnews.com/story/0,2933,202439,00.html this article], Fox News reports on an attempt to sell Pepsi some of Coke's trade secrets.

=August=
'''Unlocking the iPhone could invite DMCA suit'''
This [http://www.pcworld.com/article/id,136438-c,iphone/article.html link PC WORLD] article speaks about how some really intelligent hackers may get into trouble with AT&T and Apple. Apparently, reverse engineering and innovation is not always a good thing, especially when companies are making money for their hard work to keep an exclusive relationship.

'''Google Settles Trademark Suit'''
Google settled a suit brought by American Blind and Wallpaper Factory for their AdWords program. The theory of the suit was that Google was getting revenue from using trademarks owned by AB&WF. When someone would search for American Blind, google would display sponsored results, thereby making money off of their trade mark. The settlement ended up not being for money, but for a promise that Google wouldn't change AdWords policy to adversely affect AB&WF. You can view the story here: [http://www.nytimes.com/2007/09/01/technology/01settle.html?_r=1&ref=technology&oref=slogin New York Times] --Ben Snitkoff

'''Failure to adhere to Open Source License is not Copyright Breach'''
A [http://brownraysman.typepad.com/technology_law_update/2007/08/failure-to-adhe.html blog article] detailing Jacobsen v. Katzer. 8/27/07

[[Category: IP]]
[http://www.example.com link title]

IP: News and Views

2007-11-09T19:32:12Z

Snitty: Added a link to Barry Trotter actually a pretty funny book.

What's new in IP-land?
=November=
'''Fair Use in Parody''' I think this website and the series of books bearing its name pretty much sum up the relevancy to the course. [http://www.barrytrotter.com/ BarryTrotter.com]

'''PerfumeBay.com infringes eBay.com's Trademark''' So says a [http://howappealing.law.com/110507.html#029560 9th Circuit opinion]. What's most interesting about this case is that the lower court's finding of a likelihood of confusion seemed to indicate that any "bay" site which wasn't using the "bay" for geography would pretty much be infringing eBay's trademark, that is, if they were selling anything.

'''Harry Potter & the Copyright Infringement Lawsuit''' Author J.K. Rowling and Warner Brothers filed suit on Wednesday (Halloween) in Manhattan against RDR Books and Does 1-10 for their plans to release a 400-page book entitled the "Harry Potter Lexicon." The offending book is alleged to contain a misappropriation of Rowling's fictional characters and universe, including: "list after list of spells and potions, imaginary places, fantastic creatures and invented games." Rowling asserts the book is also misleading "to consumers and will be marketed in a way that implies endorsement by Plaintiffs and will likely cause confusion." The publisher, RDR, states that the book contains much of the same material already on [http://www.hp-lexicon.org hp-lexicon.org], which is a "fan created collection of essays, spells and encyclopedic material on the Harry Potter universe." [http://ap.google.com/article/ALeqM5hIGNIcztySvpGhm95iGPhNL7ov1AD8SKS9FO1 AP Article] [http://online.wsj.com/public/resources/documents/harrypotter.pdf Complaint] [http://blogs.wsj.com/law/2007/11/02/harry-potter-the-copyright-infringement-lawsuit/ WSJ Article]--[[User:DOBrien|DOBrien]] 22:25, 2 November 2007 (EDT)

'''The difficulty of registering Tarzan's trademark yell''' "Tarzan's distinctive yell cannot be registered as a trademark because it is almost impossible to represent graphically. Sounds can be registered as trademarks, but the [OHIM] ruling could limit that to sounds that can be written in standard musical notation." http://www.theregister.co.uk/2007/10/31/tarzan_yell_trade_mark/
- Sean Toohey

'''Herman Miller protects its chairs in the fake-life''': http://crave.cnet.com/8301-1_105-9794128-1.html
Second Life game players produced virtual versions of Aeron chairs and sold them to the denizens of Second Life.
- John Long

=October=

'''The Pirate Bay Brings Back OiNK''' OiNK was a prominent bit torrent tracker formed in May 2004, Interpol forced it's closure this week due to a large amount of alleged copyright infringement-- notably pre-released music albums among others. The Pirate Bay, whom has constantly flashed the proverbial digital middle finger at copyright enforcement groups, has announced it will bring back OiNk as "BOiNK." This announcement shows a continuing resistance from the pirating communities: the idea that if you take down one torrent, a second will pop up soon thereafter. [http://torrentfreak.com/the-pirate-bay-to-bring-back-oink-071026/ TorrentFreak Article]--[[User:DOBrien|DOBrien]] 19:45, 26 October 2007 (EDT)

'''Colorado Rockies seek to trademark "Rocktober"'''
There are a surprising number of other uses for "Rocktober." Think the Rockies have developed secondary meaning for it?
http://sports.espn.go.com/mlb/playoffs2007/news/story?id=3070519
-Anna

'''Brewer in dispute with real Sam Adams'''
The Boston brewers of Sam Adams beer objected when they learned that a mayoral campaign here included Web sites invoking the name of their product: http://news.yahoo.com/s/ap/20071025/ap_on_re_us/odd_candidate_vs__beer
[[User:Carota.m|Carota.m]] 09:08, 25 October 2007 (EDT) <br />
[http://www.chillingeffects.org/domain/notice.cgi?NoticeID=16017 here's the letter]

'''IBM Aims to Patent Profiting Off Patents'''
http://www.washingtonpost.com/wp-dyn/content/article/2007/10/23/AR2007102301335.html

'''That's hot: Paris Hilton's trademark'''
Yes, even Paris Hilton is in on the intellectual property scene:
http://www.usatoday.com/life/people/2007-09-08-hilton-hallmark_N.htm
If you want to check it out, it's Serial No.: 76604206 or Registration No.: 3209488
Melissa O'Berg--[[User:129.10.177.254|129.10.177.254]] 16:21, 23 October 2007 (EDT)

'''Amazon Patents "In URL" Searching''' Amazon.com [http://yro.slashdot.org/article.pl?sid=07/10/23/1250255&from=rss was granted a patent] on a method of searching whereby you type in a url and the search term afterward. Example: "http://www.a9.com/Patent law" There's a "spirited" discussion at the above link regarding the obviousness of the patent.

'''AT&T Is Latest to Sue Vonage Over Patent''' http://www.nytimes.com/2007/10/20/technology/20phone.html

'''DMCA and Sweat Work Dispute''' The Nation's Largest seller of text books is [http://blog.wired.com/27bstroke6/2007/10/nations-largest.html suing] [http://ugenie.com/ Ugenie] for breach of contract (terms of service) and copyright infringement. The Plaintiff, Follett Higher Education Group goes around and collects course titles and book lists from colleges all over the country. They then make the information freely available on their website. They allege that Ugenie, in violation of the DMCA and Follett's terms of service, used bots to copy this information and post it on their own website. ([[User:Snitty|Snitty]] 11:53, 23 October 2007 (EDT))

'''Trademark Dispute!! HBO versus NY Fitness Instructor''' http://blogs.wsj.com/law/2007/10/22/a-trademark-dispute-the-city/ [posted by your favorite die hard Taco Cabana fan]

'''Law Firm Says Copyright Bans Users From Looking At Its Website HTML Source Code''' "We also own all of the code, including the HTML code, and all content. As you may know, you can view the HTML code with a standard browser. We do not permit you to view such code since we consider it to be our intellectual property protected by the copyright laws. You are therefore not authorized to do so." [http://techdirt.com/articles/20071017/092927.shtml]

A group of media and internet companies plans to announce online copyright protection guidelines in an attempt to combat infringing content uploaded by users of websites like YouTube. http://online.wsj.com/article/SB119269788721663302.html?mod=djemalert

'''Amazon.com's One-Click Patent Struck Down by PTO''' [http://igdmlgd.blogspot.com/2007/10/amazon-one-click-patent-rejected-by-us.html http://igdmlgd.blogspot.com/2007/10/amazon-one-click-patent-rejected-by-us.html]

'''Creative Chinese Knockoffs''' This isn't "news," but since we move onto trademarks soon I thought it would make an interesting post. Check out these pictures of Chinese knockoffs. [http://berimbauone.blogspot.com/2007/10/funny-chinese-knock-offs.html Knockoffs]

'''Nixon Peabody LLP Makes Terrible Song, Fair Use Ensues...''' Nixon Peabody LLP had a "theme" song made celebrating their firm. Apparently everyone's a winner at Nixon Peabody. The song was leaked, and picked up by various sources. Nixon Peabody was not to happy about this, and asked that the song be taken down. However, citing fair use, many sites kept it up. See the links for articles, the song itself, and a funny youtube clip covering the ordeal.
http://www.abovethelaw.com/2007/08/nixon_peabody_themesonggate_an.php
http://www.abovethelaw.com/images/NixonPeabody.mp3
http://youtube.com/watch?v=7SeL6i3sHM0 (apologies if sound doesn't work)

'''First Linux Patent Infringement Lawsuit Filed''' Complaint filed by IP Innovation, LLC against Red Hat and Novell. IP Innovation is claiming ownership of 3 patents entitled "User Interface With Multiple Workspaces for Sharing System Display Objects." The complaint alleges infringement through Red Hat Linux and Novell's Suse Linux products. [http://www.groklaw.net/pdf/IPvRH-1.pdf Complaint] [http://www.groklaw.net/article.php?story=20071011205044141 Groklaw Article]

"Label sues Perez Hilton for posting Brit's songs" Ok, so it isn't as high tech as some of the things we've been reading, but I was amused when I saw this & thought I'd share... http://www.msnbc.msn.com/id/21255700/ [-Valerie Cooney 10/11]

'''Event: Friday, Oct. 12''' Digital Freedom University's copyright debate and concert, Curry Student Center West Addition, Friday at 4 p.m. http://digitalfreedom.org/events/digital_freedom_university.html

'''One Way to Keep That 'Cease-and-Desist' Letter From Getting Posted Online, Copyright it''' In an attempt to avoid the embarrassment of having their cease and desist letters posted online companies are now claiming they hold a copyright on the letters so they cannot be posted online for the public to see (and probably make fun of). [http://techdirt.com/articles/20071005/174623.shtml]

'''Vonage and Sprint Settle Patent Dispute''' Vonage agrees to pay $80M to license Sprint's VoIP technology. The deal includes $35M in past infringement, $40M for future use and $5M in prepayment for services. Sprint asserted that Vonage had infringed on 6 patents. [http://online.wsj.com/article/SB119185093069752174.html?mod=googlenews_wsj WSJ]

'''Minnesota Woman Must Pay $222k for Kazaa'ing 24 songs''' "A 30-year-old Duluth, Minn., woman must pay six record companies $222,000 for violating copyright by downloading songs illegally and then sharing them through Kazaa, a federal jury has ruled in the first such lawsuit to go to trial." [http://blogs.usatoday.com/ondeadline/2007/10/minn-woman-must.html USA Today] [http://blog.wired.com/27bstroke6/riaa_trial/index.html Wired]

'''Family Guy Sued for Copyright Infringement''' The copyright owner of "When You Wish Upon A Star" [http://blogs.wsj.com/law/2007/10/04/the-family-guy-i-need-a-lawyer/ sued] Fox for the song [http://www.lyricsdownload.com/family-guy-i-need-a-jew-lyrics.html I Need A Jew]. The lyrics of When You Wish Upon a Star can be found [http://solosong.net/wish.html here]. The similarity between the lyrics and melody are undeniable, however is there a strong argument for fair use? How likely is this song to have an impact on the market for the original? Can they argue it was a pardoy and not satire?

'''Screenshots are fair use''' "We must decide whether the unauthorized use of a "screen shot" - a
frozen image from a personal video game - falls within the fair use exception to the law of copyright." From Sony v. Bleem. [[http://www.escapistmagazine.com/articles/view/issues/issue_117/2295-Best-Little-Emulator-Ever-Made background]] [[http://www.lexis.com/research/xlink?app=00075&view=full&searchtype=get&search=214+F.3d+1022 case on lexis]]

'''Sony BMG Says CD Ripping is Stealing''' Arguing that CD Ripping is [http://arstechnica.com/news.ars/post/20071002-sony-bmgs-chief-anti-piracy-lawyer-copying-music-you-own-is-stealing.html no longer fair use] Jennifer Pariser, a lawyer for Sony BMG said that making MP3s from your CDs is a nice way of saying that you're only stealing one copy of the music. Is this space or device shifting fair use? What if you download the music that you own on CD rather than ripping it from the CD yourself?

See http://blog.wired.com/27bstroke6/riaa_trial/index.html

'''iPhone Owners Contemplate Class Action Over "Bricking."''' [http://www.informationweek.com/blog/main/archives/2007/09/iphone_users_ta.html A disgruntled iPhone owner] is looking for people to join in a suit against Apple. They are alleging that Apple is refusing to support phones under warranty, specifically for those phones which people unlocked to work on other networks. Why is this IP related? Because unlocking your phone is fair use under the DMCA (which would ordinarlly forbid you from trying to circumvent protection like this. So can Apple either (1) not provide people with legitimate means to unlock their phones, or (2) void the warranties of those who do?

'''Old news regarding utility of gene patents'''
Speaking of utility and gene patents, the USPTO issued examination guidelines in 2001 http://www.uspto.gov/web/offices/com/sol/notices/utilexmguide.pdf :

"An
inventorÃ¢â¬â¢s discovery of a gene can be the
basis for a patent on the genetic
composition isolated from its natural
state and processed through purifying
steps that separate the gene from other
molecules naturally associated with it.
If a patent application discloses only
nucleic acid molecular structure for a
newly discovered gene, and no utility
for the claimed isolated gene, the
claimed invention is not patentable. But
when the inventor also discloses how to
use the purified gene isolated from its
natural state, the application satisfies
the Ã¢â¬ËÃ¢â¬ËutilityÃ¢â¬â¢Ã¢â¬â¢ requirement. That is, where
the application discloses a specific,
substantial, and credible utility for the
claimed isolated and purified gene, the
isolated and purified gene composition
may be patentable."

=September=

'''I know it's not new news''', but can you really blame the peer-to-peer networks/software companies/groups when the record industry seems to have been engaging in some anti-trust price hikes of their own? The record companies settled out of court with the attorney general...
[http://mblc.state.ma.us/mblc/publications/newsletter/2004/23_4/cd_settlement.php]
[--Melissa O'Berg 9/25]

'''Copyright Suit For Violating Open Source License''' "The Software Freedom Law Center, the nonprofit legal services organization supporting open source software projects, announced last week the filing of a lawsuit that it bills as the "first ever U.S. copyright infringement lawsuit based on a violation of the GNU General Public License (GPL)."" [http://brownraysman.typepad.com/technology_law_update/2007/09/will-the-gnu-gp.html]

'''Virgin sued for using teen's photo''' Virgin Mobile Australia is doing an ad campaign using photos they found on flickr. The photos they are using are all licensed under the Creative Commons, but there seems to be some dispute over whether the people depicted in the pictures need to be contacted before they are used.
article about it[http://www.smh.com.au/news/technology/virgin-sued-for-using-teens-photo/2007/09/21/1189881735928.html]
some discussion on slashdot[http://yro.slashdot.org/article.pl?sid=07/09/22/0319252]
discussion including the girl and her family on flickr[http://www.flickr.com/photos/sesh00/515961023/]

'''Robotics firm says rival stole designs''' In a case complete with private detectives and accusations of downloaded documents and shredded evidence, iRobot alleged last month that Robotic FX's products were built with trade secrets stolen by the upstart company's founder, a former iRobot engineer. http://www.boston.com/business/technology/articles/2007/09/21/robotics_firm_says_rival_stole_designs/?rss_id=Boston+Globe+--+Front+Page [Paula Lyons 9/21]

'''Judge Rules Star Tribune publisher must step down''' The Star Tribune's new publisher (hired only 3 days after he left Twin Cities rival newspaper The Pioneer Press) is now prohibited from working for the Star Tribune for 1 year after he was convicted of taking trade secret information from The Pioneer Press (a laptop with company docs and spreadsheets) to his new employer.
[http://www.startribune.com/535/story/1430139.html]

'''RIAA loses So-Cal copyright suit on MTD''' RIAA filed "boilerplate" complaint for infringement based on "downloading and distributing copyrighted works." Judge granted MTD for failure to state a claim, holding "Plaintiff here must present at least some facts to show the plausibility of their allegations of copyright infringement against defendant...other than the bare conclusory statement that on 'information and belief' defendant has downloaded, distributed and/or made available for distribution to the public copyrighted works..." [http://www.dailytech.com/RIAA+Loses+in+Precedentsetting+Case/article8884.htm DailyTech Article ], [http://www.ilrweb.com/viewILRPDF.asp?filename=interscope_rodriguez_061114Complaint Complaint], [http://www.ilrweb.com/viewILRPDF.asp?filename=interscope_rodriguez_070817OrderDismissComplaint Order]

'''Programmer Deletes Source Code -- Trade Secret Misappropriation''' [http://brownraysman.typepad.com/technology_law_update/2007/09/a-software-deve.html Technology Law Update] 9/17/07

'''The Piracy Paradox: How Illegal Copying is Good for the Fashion Industry''' [http://www.newyorker.com/talk/financial/2007/09/24/070924ta_talk_surowiecki The New Yorker].

'''Prince to sue YouTube, eBay over music use''' U.S. pop star Prince plans to sue YouTube and other major Web sites for unauthorized use of his music in a bid to "reclaim his art on the Internet."
http://music.yahoo.com/read/news/48019363
9/16/07

'''Company Patents Playlists, Sues Everyone''' "A company called Premier International Associates filed suit against a slew of tech companies . . . [for] violating Premier's patents for an electronic "List building system"Ã¢â¬âthe older of which was applied for in 1997 and issued in 2001." [http://arstechnica.com/news.ars/post/20070914-company-patents-playlists-sues-everyone.html Ars Technica] 9/14/07

'''Microsoft Patents Watermark That May Protect DRM-free Music''' Microsoft Corp. has won a patent for a digital-watermarking technology that could be used to protect the rights of content owners even when digital music is distributed without DRM protection. [http://news.yahoo.com/s/pcworld/20070912/tc_pcworld/137106;_ylt=AqHWO1oXfN_CBjbZUlfitvgjtBAF Microsoft Patents Watermark]

'''Copyright Protection for Sound Recordings Will Not be Extended in the UK'''
[http://www.tech.co.uk/home-entertainment/hi-fi-and-audio/music/news/beatles-music-to-be-free-after-2013?articleid=650590422] -- Not exactly new news, but I find it interesting that the US extended protection for Mickey Mouse and the UK isn't going to do it for the Beatles

'''House Passes Patent Reform Bill''' [http://www.patentlyo.com/patent/2007/09/patent-reform-2.html The Patent Law Blog] -- The Patent Law Blog has a good review of the provisions of the patent reform bill, H 1908. It's provisions include a transition to a first to file system, and an overhaul of the way courts should calculate damages. 9/11/07

'''Doctor Who Leaked Documents Will Pay $100,000 to Lilly''' [http://www.nytimes.com/2007/09/08/business/08lilly.html?_r=1&oref=slogin&ref=business&pagewanted=print NYT] -- Dr. Egilman received the documents as a litigation expert, then provided them to other sources including the New York Times. Is the NYT liable for trade secret misappropriation too?

'''Pharma Companies form Joint Venture''' Ã¢â¬â [http://www.nytimes.com/2007/09/07/business/07drug.html THe New York Times] is reporting that two companies, Isis Pharmaceuticals and Alnylam Pharmaceuticals have formed an equally owned joint venture, Regulus Pharmaceuticals. One of the driving forces behind the joint venture was to combine their IP, specifically, patents, in order to do research without fear of patent infringement. ([[User:Snitty|Snitty]] 08:20, 7 September 2007 (EDT))

'''Tech, drug companies battle over patent reform.'''
The [http://www.washingtonpost.com/wp-dyn/content/article/2007/09/03/AR2007090300426_pf.html Washington Post], reports on some of the lobbying around proposed [http://www.patentlyo.com/patent/2007/04/patent_reform_a.html Patent Reform] that Congress will consider on its return from recess. Look at the industry groups lined up on opposing sides. 9/3/07

'''Before Models Can Turn Around, Knockoffs Fly''' Fashion designers want IP protection for their designs. Should they get some? [http://www.nytimes.com/2007/09/04/us/04fashion.html?ref=fashion&pagewanted=all New York Times],
9/3/07

'''A big victory: Golan v. Gonzales''' Professor Larry Lessig [http://lessig.org/blog/2007/09/a_big_victory_golan_v_gonzales.html blogs] about the unanimous court ruling, effectively working towards that works that are in the public domain stay in the public domain. Also: [[http://cyberlaw.stanford.edu/case/golan-v-gonzales Stanford Center for Internet and Society]] 9/5/07

'''Pepsi Alerted Coca-Cola to Stolen-Coke-Secrets Offer''' In [http://www.foxnews.com/story/0,2933,202439,00.html this article], Fox News reports on an attempt to sell Pepsi some of Coke's trade secrets.

=August=
'''Unlocking the iPhone could invite DMCA suit'''
This [http://www.pcworld.com/article/id,136438-c,iphone/article.html link PC WORLD] article speaks about how some really intelligent hackers may get into trouble with AT&T and Apple. Apparently, reverse engineering and innovation is not always a good thing, especially when companies are making money for their hard work to keep an exclusive relationship.

'''Google Settles Trademark Suit'''
Google settled a suit brought by American Blind and Wallpaper Factory for their AdWords program. The theory of the suit was that Google was getting revenue from using trademarks owned by AB&WF. When someone would search for American Blind, google would display sponsored results, thereby making money off of their trade mark. The settlement ended up not being for money, but for a promise that Google wouldn't change AdWords policy to adversely affect AB&WF. You can view the story here: [http://www.nytimes.com/2007/09/01/technology/01settle.html?_r=1&ref=technology&oref=slogin New York Times] --Ben Snitkoff

'''Failure to adhere to Open Source License is not Copyright Breach'''
A [http://brownraysman.typepad.com/technology_law_update/2007/08/failure-to-adhe.html blog article] detailing Jacobsen v. Katzer. 8/27/07

[[Category: IP]]
[http://www.example.com link title]

IP: Questions

2007-11-01T16:22:12Z

Snitty: Removed a massive amount of spam

Questions?

[[Category: IP]]

==Questions from Trade Secrets 1==
===Question 1===
In the ''Fortek'' case, if Metallurgical had gone bankrupt, how was the information still of value to it? On a related note, if a company goes out of business, what happens to its trade secrets - are the up for grabs, or do the heads of the company have the only rights to them? Thanks!

===Answer 1===
On page 38 of the text, quoting Ruckelshaus v. Monsanto, 467 U.S. 986, the book says, "A trade secret can form in the res of a trust, and it passes to the trustee in bankruptcy." Ruckelshaus at 1002-1004. So the trustee would have a claim against any misappropriation, even after the company went belly up. I assume it would raise some interesting issues as to what duty employees under confidentiality agreements have to the company in bankruptcy, as well as what interest the company has in protecting the secrets. There is also a strong public policy argument that if a company that has gone bankrupt does not do something with its trade secrets they should fall into the public domain. Afterall, information likes to be free. -- Ben Snitkoff

Thanks! Information likes to be free, but creditors and trustees in bankruptcy like to be paid. Might they litigate even more vigorously than the original company would have?

[Note that in Metallurgical, it was the defendants' former company that went bankrupt. Evidence that the trade secret wasn't worth much to them when they misappropriated it, or that the employees weren't loyal to anyone?]
[[User:WendySeltzer|WendySeltzer]] 10:56, 4 September 2007 (EDT)

==Questions from Copyright 1==
===Question===
'''What about dictionaries?''' The case of a dictionary seems like it falls between the Phonebook case, [[Feist]], and the Sweepstakes Case, [[Morrissey]]. There are only so many ways to define a word, so being able to copyright one definition would be unduly burdensome to other dictionary authors, and the definition of words are facts, and therefore not in and of themselves copyrightable. They are arranged in alphabetical order, so there is no creativity there. It seems like the definitions, and, in the case of the OED, the etymology, would not be copyrightable. Thoughts?

==Questions from Copyright 3==
===Question===
In [[Harper & Row]], why didn't plaintiff bring a misappropriation of trade secret claim too? There was a compilation of information (the manuscript) that derived independent value from its secrecy (specifically, at least the $12,500 that Time was willing to pay for it staying secret until they published excerpts), there were reasonable efforts to maintain secrecy, and there was misappropriation. Does the fact that the secret is not related to manufacture or industry weaken the claim? (It is worth noting that they did bring a tortious interference with contract charge, as well as a common law misappropriation (though not of a trade secret) claim, which they later dropped. See 501 F.Supp. 848)

IP: News and Views

2007-10-24T16:18:28Z

Snitty: Just removed an extra \n

What's new in IP-land?

=October=

'''That's hot: Paris Hilton's trademark'''
Yes, even Paris Hilton is in on the intellectual property scene:
http://www.usatoday.com/life/people/2007-09-08-hilton-hallmark_N.htm
If you want to check it out, it's Serial No.: 76604206 or Registration No.: 3209488
Melissa O'Berg--[[User:129.10.177.254|129.10.177.254]] 16:21, 23 October 2007 (EDT)

'''Amazon Patents "In URL" Searching''' Amazon.com [http://yro.slashdot.org/article.pl?sid=07/10/23/1250255&from=rss was granted a patent] on a method of searching whereby you type in a url and the search term afterward. Example: "http://www.a9.com/Patent law" There's a "spirited" discussion at the above link regarding the obviousness of the patent.

'''AT&T Is Latest to Sue Vonage Over Patent''' http://www.nytimes.com/2007/10/20/technology/20phone.html

'''DMCA and Sweat Work Dispute''' The Nation's Largest seller of text books is [http://blog.wired.com/27bstroke6/2007/10/nations-largest.html suing] [http://ugenie.com/ Ugenie] for breach of contract (terms of service) and copyright infringement. The Plaintiff, Follett Higher Education Group goes around and collects course titles and book lists from colleges all over the country. They then make the information freely available on their website. They allege that Ugenie, in violation of the DMCA and Follett's terms of service, used bots to copy this information and post it on their own website. ([[User:Snitty|Snitty]] 11:53, 23 October 2007 (EDT))

'''Trademark Dispute!! HBO versus NY Fitness Instructor''' http://blogs.wsj.com/law/2007/10/22/a-trademark-dispute-the-city/ [posted by your favorite die hard Taco Cabana fan]

'''Law Firm Says Copyright Bans Users From Looking At Its Website HTML Source Code''' "We also own all of the code, including the HTML code, and all content. As you may know, you can view the HTML code with a standard browser. We do not permit you to view such code since we consider it to be our intellectual property protected by the copyright laws. You are therefore not authorized to do so." [http://techdirt.com/articles/20071017/092927.shtml]

A group of media and internet companies plans to announce online copyright protection guidelines in an attempt to combat infringing content uploaded by users of websites like YouTube. http://online.wsj.com/article/SB119269788721663302.html?mod=djemalert

'''Amazon.com's One-Click Patent Struck Down by PTO''' [http://igdmlgd.blogspot.com/2007/10/amazon-one-click-patent-rejected-by-us.html http://igdmlgd.blogspot.com/2007/10/amazon-one-click-patent-rejected-by-us.html]

'''Creative Chinese Knockoffs''' This isn't "news," but since we move onto trademarks soon I thought it would make an interesting post. Check out these pictures of Chinese knockoffs. [http://berimbauone.blogspot.com/2007/10/funny-chinese-knock-offs.html Knockoffs]

'''Nixon Peabody LLP Makes Terrible Song, Fair Use Ensues...''' Nixon Peabody LLP had a "theme" song made celebrating their firm. Apparently everyone's a winner at Nixon Peabody. The song was leaked, and picked up by various sources. Nixon Peabody was not to happy about this, and asked that the song be taken down. However, citing fair use, many sites kept it up. See the links for articles, the song itself, and a funny youtube clip covering the ordeal.
http://www.abovethelaw.com/2007/08/nixon_peabody_themesonggate_an.php
http://www.abovethelaw.com/images/NixonPeabody.mp3
http://youtube.com/watch?v=7SeL6i3sHM0 (apologies if sound doesn't work)

'''First Linux Patent Infringement Lawsuit Filed''' Complaint filed by IP Innovation, LLC against Red Hat and Novell. IP Innovation is claiming ownership of 3 patents entitled "User Interface With Multiple Workspaces for Sharing System Display Objects." The complaint alleges infringement through Red Hat Linux and Novell's Suse Linux products. [http://www.groklaw.net/pdf/IPvRH-1.pdf Complaint] [http://www.groklaw.net/article.php?story=20071011205044141 Groklaw Article]

"Label sues Perez Hilton for posting Brit's songs" Ok, so it isn't as high tech as some of the things we've been reading, but I was amused when I saw this & thought I'd share... http://www.msnbc.msn.com/id/21255700/ [-Valerie Cooney 10/11]

'''Event: Friday, Oct. 12''' Digital Freedom University's copyright debate and concert, Curry Student Center West Addition, Friday at 4 p.m. http://digitalfreedom.org/events/digital_freedom_university.html

'''One Way to Keep That 'Cease-and-Desist' Letter From Getting Posted Online, Copyright it''' In an attempt to avoid the embarrassment of having their cease and desist letters posted online companies are now claiming they hold a copyright on the letters so they cannot be posted online for the public to see (and probably make fun of). [http://techdirt.com/articles/20071005/174623.shtml]

'''Vonage and Sprint Settle Patent Dispute''' Vonage agrees to pay $80M to license Sprint's VoIP technology. The deal includes $35M in past infringement, $40M for future use and $5M in prepayment for services. Sprint asserted that Vonage had infringed on 6 patents. [http://online.wsj.com/article/SB119185093069752174.html?mod=googlenews_wsj WSJ]

'''Minnesota Woman Must Pay $222k for Kazaa'ing 24 songs''' "A 30-year-old Duluth, Minn., woman must pay six record companies $222,000 for violating copyright by downloading songs illegally and then sharing them through Kazaa, a federal jury has ruled in the first such lawsuit to go to trial." [http://blogs.usatoday.com/ondeadline/2007/10/minn-woman-must.html USA Today] [http://blog.wired.com/27bstroke6/riaa_trial/index.html Wired]

'''Family Guy Sued for Copyright Infringement''' The copyright owner of "When You Wish Upon A Star" [http://blogs.wsj.com/law/2007/10/04/the-family-guy-i-need-a-lawyer/ sued] Fox for the song [http://www.lyricsdownload.com/family-guy-i-need-a-jew-lyrics.html I Need A Jew]. The lyrics of When You Wish Upon a Star can be found [http://solosong.net/wish.html here]. The similarity between the lyrics and melody are undeniable, however is there a strong argument for fair use? How likely is this song to have an impact on the market for the original? Can they argue it was a pardoy and not satire?

'''Screenshots are fair use''' "We must decide whether the unauthorized use of a "screen shot" - a
frozen image from a personal video game - falls within the fair use exception to the law of copyright." From Sony v. Bleem. [[http://www.escapistmagazine.com/articles/view/issues/issue_117/2295-Best-Little-Emulator-Ever-Made background]] [[http://www.lexis.com/research/xlink?app=00075&view=full&searchtype=get&search=214+F.3d+1022 case on lexis]]

'''Sony BMG Says CD Ripping is Stealing''' Arguing that CD Ripping is [http://arstechnica.com/news.ars/post/20071002-sony-bmgs-chief-anti-piracy-lawyer-copying-music-you-own-is-stealing.html no longer fair use] Jennifer Pariser, a lawyer for Sony BMG said that making MP3s from your CDs is a nice way of saying that you're only stealing one copy of the music. Is this space or device shifting fair use? What if you download the music that you own on CD rather than ripping it from the CD yourself?

See http://blog.wired.com/27bstroke6/riaa_trial/index.html

'''iPhone Owners Contemplate Class Action Over "Bricking."''' [http://www.informationweek.com/blog/main/archives/2007/09/iphone_users_ta.html A disgruntled iPhone owner] is looking for people to join in a suit against Apple. They are alleging that Apple is refusing to support phones under warranty, specifically for those phones which people unlocked to work on other networks. Why is this IP related? Because unlocking your phone is fair use under the DMCA (which would ordinarlly forbid you from trying to circumvent protection like this. So can Apple either (1) not provide people with legitimate means to unlock their phones, or (2) void the warranties of those who do?

'''Old news regarding utility of gene patents'''
Speaking of utility and gene patents, the USPTO issued examination guidelines in 2001 http://www.uspto.gov/web/offices/com/sol/notices/utilexmguide.pdf :

"An
inventorÃ¢â¬â¢s discovery of a gene can be the
basis for a patent on the genetic
composition isolated from its natural
state and processed through purifying
steps that separate the gene from other
molecules naturally associated with it.
If a patent application discloses only
nucleic acid molecular structure for a
newly discovered gene, and no utility
for the claimed isolated gene, the
claimed invention is not patentable. But
when the inventor also discloses how to
use the purified gene isolated from its
natural state, the application satisfies
the Ã¢â¬ËÃ¢â¬ËutilityÃ¢â¬â¢Ã¢â¬â¢ requirement. That is, where
the application discloses a specific,
substantial, and credible utility for the
claimed isolated and purified gene, the
isolated and purified gene composition
may be patentable."

=September=

'''I know it's not new news''', but can you really blame the peer-to-peer networks/software companies/groups when the record industry seems to have been engaging in some anti-trust price hikes of their own? The record companies settled out of court with the attorney general...
[http://mblc.state.ma.us/mblc/publications/newsletter/2004/23_4/cd_settlement.php]
[--Melissa O'Berg 9/25]

'''Copyright Suit For Violating Open Source License''' "The Software Freedom Law Center, the nonprofit legal services organization supporting open source software projects, announced last week the filing of a lawsuit that it bills as the "first ever U.S. copyright infringement lawsuit based on a violation of the GNU General Public License (GPL)."" [http://brownraysman.typepad.com/technology_law_update/2007/09/will-the-gnu-gp.html]

'''Virgin sued for using teen's photo''' Virgin Mobile Australia is doing an ad campaign using photos they found on flickr. The photos they are using are all licensed under the Creative Commons, but there seems to be some dispute over whether the people depicted in the pictures need to be contacted before they are used.
article about it[http://www.smh.com.au/news/technology/virgin-sued-for-using-teens-photo/2007/09/21/1189881735928.html]
some discussion on slashdot[http://yro.slashdot.org/article.pl?sid=07/09/22/0319252]
discussion including the girl and her family on flickr[http://www.flickr.com/photos/sesh00/515961023/]

'''Robotics firm says rival stole designs''' In a case complete with private detectives and accusations of downloaded documents and shredded evidence, iRobot alleged last month that Robotic FX's products were built with trade secrets stolen by the upstart company's founder, a former iRobot engineer. http://www.boston.com/business/technology/articles/2007/09/21/robotics_firm_says_rival_stole_designs/?rss_id=Boston+Globe+--+Front+Page [Paula Lyons 9/21]

'''Judge Rules Star Tribune publisher must step down''' The Star Tribune's new publisher (hired only 3 days after he left Twin Cities rival newspaper The Pioneer Press) is now prohibited from working for the Star Tribune for 1 year after he was convicted of taking trade secret information from The Pioneer Press (a laptop with company docs and spreadsheets) to his new employer.
[http://www.startribune.com/535/story/1430139.html]

'''RIAA loses So-Cal copyright suit on MTD''' RIAA filed "boilerplate" complaint for infringement based on "downloading and distributing copyrighted works." Judge granted MTD for failure to state a claim, holding "Plaintiff here must present at least some facts to show the plausibility of their allegations of copyright infringement against defendant...other than the bare conclusory statement that on 'information and belief' defendant has downloaded, distributed and/or made available for distribution to the public copyrighted works..." [http://www.dailytech.com/RIAA+Loses+in+Precedentsetting+Case/article8884.htm DailyTech Article ], [http://www.ilrweb.com/viewILRPDF.asp?filename=interscope_rodriguez_061114Complaint Complaint], [http://www.ilrweb.com/viewILRPDF.asp?filename=interscope_rodriguez_070817OrderDismissComplaint Order]

'''Programmer Deletes Source Code -- Trade Secret Misappropriation''' [http://brownraysman.typepad.com/technology_law_update/2007/09/a-software-deve.html Technology Law Update] 9/17/07

'''The Piracy Paradox: How Illegal Copying is Good for the Fashion Industry''' [http://www.newyorker.com/talk/financial/2007/09/24/070924ta_talk_surowiecki The New Yorker].

'''Prince to sue YouTube, eBay over music use''' U.S. pop star Prince plans to sue YouTube and other major Web sites for unauthorized use of his music in a bid to "reclaim his art on the Internet."
http://music.yahoo.com/read/news/48019363
9/16/07

'''Company Patents Playlists, Sues Everyone''' "A company called Premier International Associates filed suit against a slew of tech companies . . . [for] violating Premier's patents for an electronic "List building system"Ã¢â¬âthe older of which was applied for in 1997 and issued in 2001." [http://arstechnica.com/news.ars/post/20070914-company-patents-playlists-sues-everyone.html Ars Technica] 9/14/07

'''Microsoft Patents Watermark That May Protect DRM-free Music''' Microsoft Corp. has won a patent for a digital-watermarking technology that could be used to protect the rights of content owners even when digital music is distributed without DRM protection. [http://news.yahoo.com/s/pcworld/20070912/tc_pcworld/137106;_ylt=AqHWO1oXfN_CBjbZUlfitvgjtBAF Microsoft Patents Watermark]

'''Copyright Protection for Sound Recordings Will Not be Extended in the UK'''
[http://www.tech.co.uk/home-entertainment/hi-fi-and-audio/music/news/beatles-music-to-be-free-after-2013?articleid=650590422] -- Not exactly new news, but I find it interesting that the US extended protection for Mickey Mouse and the UK isn't going to do it for the Beatles

'''House Passes Patent Reform Bill''' [http://www.patentlyo.com/patent/2007/09/patent-reform-2.html The Patent Law Blog] -- The Patent Law Blog has a good review of the provisions of the patent reform bill, H 1908. It's provisions include a transition to a first to file system, and an overhaul of the way courts should calculate damages. 9/11/07

'''Doctor Who Leaked Documents Will Pay $100,000 to Lilly''' [http://www.nytimes.com/2007/09/08/business/08lilly.html?_r=1&oref=slogin&ref=business&pagewanted=print NYT] -- Dr. Egilman received the documents as a litigation expert, then provided them to other sources including the New York Times. Is the NYT liable for trade secret misappropriation too?

'''Pharma Companies form Joint Venture''' Ã¢â¬â [http://www.nytimes.com/2007/09/07/business/07drug.html THe New York Times] is reporting that two companies, Isis Pharmaceuticals and Alnylam Pharmaceuticals have formed an equally owned joint venture, Regulus Pharmaceuticals. One of the driving forces behind the joint venture was to combine their IP, specifically, patents, in order to do research without fear of patent infringement. ([[User:Snitty|Snitty]] 08:20, 7 September 2007 (EDT))

'''Tech, drug companies battle over patent reform.'''
The [http://www.washingtonpost.com/wp-dyn/content/article/2007/09/03/AR2007090300426_pf.html Washington Post], reports on some of the lobbying around proposed [http://www.patentlyo.com/patent/2007/04/patent_reform_a.html Patent Reform] that Congress will consider on its return from recess. Look at the industry groups lined up on opposing sides. 9/3/07

'''Before Models Can Turn Around, Knockoffs Fly''' Fashion designers want IP protection for their designs. Should they get some? [http://www.nytimes.com/2007/09/04/us/04fashion.html?ref=fashion&pagewanted=all New York Times],
9/3/07

'''A big victory: Golan v. Gonzales''' Professor Larry Lessig [http://lessig.org/blog/2007/09/a_big_victory_golan_v_gonzales.html blogs] about the unanimous court ruling, effectively working towards that works that are in the public domain stay in the public domain. Also: [[http://cyberlaw.stanford.edu/case/golan-v-gonzales Stanford Center for Internet and Society]] 9/5/07

'''Pepsi Alerted Coca-Cola to Stolen-Coke-Secrets Offer''' In [http://www.foxnews.com/story/0,2933,202439,00.html this article], Fox News reports on an attempt to sell Pepsi some of Coke's trade secrets.

=August=
'''Unlocking the iPhone could invite DMCA suit'''
This [http://www.pcworld.com/article/id,136438-c,iphone/article.html link PC WORLD] article speaks about how some really intelligent hackers may get into trouble with AT&T and Apple. Apparently, reverse engineering and innovation is not always a good thing, especially when companies are making money for their hard work to keep an exclusive relationship.

'''Google Settles Trademark Suit'''
Google settled a suit brought by American Blind and Wallpaper Factory for their AdWords program. The theory of the suit was that Google was getting revenue from using trademarks owned by AB&WF. When someone would search for American Blind, google would display sponsored results, thereby making money off of their trade mark. The settlement ended up not being for money, but for a promise that Google wouldn't change AdWords policy to adversely affect AB&WF. You can view the story here: [http://www.nytimes.com/2007/09/01/technology/01settle.html?_r=1&ref=technology&oref=slogin New York Times] --Ben Snitkoff

'''Failure to adhere to Open Source License is not Copyright Breach'''
A [http://brownraysman.typepad.com/technology_law_update/2007/08/failure-to-adhe.html blog article] detailing Jacobsen v. Katzer. 8/27/07

[[Category: IP]]
[http://www.example.com link title]

IP: News and Views

2007-10-23T17:00:02Z

Snitty: /* October */ Amazon Patent

What's new in IP-land?

=October=
'''Amazon Patents "In URL" Searching''' Amazon.com [http://yro.slashdot.org/article.pl?sid=07/10/23/1250255&from=rss was granted a patent] on a method of searching whereby you type in a url and the search term afterward. Example: "http://www.a9.com/Patent law" There's a "spirited" discussion at the above link regarding the obviousness of the patent.

'''AT&T Is Latest to Sue Vonage Over Patent''' http://www.nytimes.com/2007/10/20/technology/20phone.html

'''DMCA and Sweat Work Dispute''' The Nation's Largest seller of text books is [http://blog.wired.com/27bstroke6/2007/10/nations-largest.html suing] [http://ugenie.com/ Ugenie] for breach of contract (terms of service) and copyright infringement. The Plaintiff, Follett Higher Education Group goes around and collects course titles and book lists from colleges all over the country. They then make the information freely available on their website. They allege that Ugenie, in violation of the DMCA and Follett's terms of service, used bots to copy this information and post it on their own website. ([[User:Snitty|Snitty]] 11:53, 23 October 2007 (EDT))

'''Trademark Dispute!! HBO versus NY Fitness Instructor''' http://blogs.wsj.com/law/2007/10/22/a-trademark-dispute-the-city/ [posted by your favorite die hard Taco Cabana fan]

'''Law Firm Says Copyright Bans Users From Looking At Its Website HTML Source Code''' "We also own all of the code, including the HTML code, and all content. As you may know, you can view the HTML code with a standard browser. We do not permit you to view such code since we consider it to be our intellectual property protected by the copyright laws. You are therefore not authorized to do so." [http://techdirt.com/articles/20071017/092927.shtml]

A group of media and internet companies plans to announce online copyright protection guidelines in an attempt to combat infringing content uploaded by users of websites like YouTube. http://online.wsj.com/article/SB119269788721663302.html?mod=djemalert

'''Amazon.com's One-Click Patent Struck Down by PTO''' [http://igdmlgd.blogspot.com/2007/10/amazon-one-click-patent-rejected-by-us.html http://igdmlgd.blogspot.com/2007/10/amazon-one-click-patent-rejected-by-us.html]

'''Creative Chinese Knockoffs''' This isn't "news," but since we move onto trademarks soon I thought it would make an interesting post. Check out these pictures of Chinese knockoffs. [http://berimbauone.blogspot.com/2007/10/funny-chinese-knock-offs.html Knockoffs]

'''Nixon Peabody LLP Makes Terrible Song, Fair Use Ensues...''' Nixon Peabody LLP had a "theme" song made celebrating their firm. Apparently everyone's a winner at Nixon Peabody. The song was leaked, and picked up by various sources. Nixon Peabody was not to happy about this, and asked that the song be taken down. However, citing fair use, many sites kept it up. See the links for articles, the song itself, and a funny youtube clip covering the ordeal.
http://www.abovethelaw.com/2007/08/nixon_peabody_themesonggate_an.php
http://www.abovethelaw.com/images/NixonPeabody.mp3
http://youtube.com/watch?v=7SeL6i3sHM0 (apologies if sound doesn't work)

'''First Linux Patent Infringement Lawsuit Filed''' Complaint filed by IP Innovation, LLC against Red Hat and Novell. IP Innovation is claiming ownership of 3 patents entitled "User Interface With Multiple Workspaces for Sharing System Display Objects." The complaint alleges infringement through Red Hat Linux and Novell's Suse Linux products. [http://www.groklaw.net/pdf/IPvRH-1.pdf Complaint] [http://www.groklaw.net/article.php?story=20071011205044141 Groklaw Article]

"Label sues Perez Hilton for posting Brit's songs" Ok, so it isn't as high tech as some of the things we've been reading, but I was amused when I saw this & thought I'd share... http://www.msnbc.msn.com/id/21255700/ [-Valerie Cooney 10/11]

'''Event: Friday, Oct. 12''' Digital Freedom University's copyright debate and concert, Curry Student Center West Addition, Friday at 4 p.m. http://digitalfreedom.org/events/digital_freedom_university.html

'''One Way to Keep That 'Cease-and-Desist' Letter From Getting Posted Online, Copyright it''' In an attempt to avoid the embarrassment of having their cease and desist letters posted online companies are now claiming they hold a copyright on the letters so they cannot be posted online for the public to see (and probably make fun of). [http://techdirt.com/articles/20071005/174623.shtml]

'''Vonage and Sprint Settle Patent Dispute''' Vonage agrees to pay $80M to license Sprint's VoIP technology. The deal includes $35M in past infringement, $40M for future use and $5M in prepayment for services. Sprint asserted that Vonage had infringed on 6 patents. [http://online.wsj.com/article/SB119185093069752174.html?mod=googlenews_wsj WSJ]

'''Minnesota Woman Must Pay $222k for Kazaa'ing 24 songs''' "A 30-year-old Duluth, Minn., woman must pay six record companies $222,000 for violating copyright by downloading songs illegally and then sharing them through Kazaa, a federal jury has ruled in the first such lawsuit to go to trial." [http://blogs.usatoday.com/ondeadline/2007/10/minn-woman-must.html USA Today] [http://blog.wired.com/27bstroke6/riaa_trial/index.html Wired]

'''Family Guy Sued for Copyright Infringement''' The copyright owner of "When You Wish Upon A Star" [http://blogs.wsj.com/law/2007/10/04/the-family-guy-i-need-a-lawyer/ sued] Fox for the song [http://www.lyricsdownload.com/family-guy-i-need-a-jew-lyrics.html I Need A Jew]. The lyrics of When You Wish Upon a Star can be found [http://solosong.net/wish.html here]. The similarity between the lyrics and melody are undeniable, however is there a strong argument for fair use? How likely is this song to have an impact on the market for the original? Can they argue it was a pardoy and not satire?

'''Screenshots are fair use''' "We must decide whether the unauthorized use of a "screen shot" - a
frozen image from a personal video game - falls within the fair use exception to the law of copyright." From Sony v. Bleem. [[http://www.escapistmagazine.com/articles/view/issues/issue_117/2295-Best-Little-Emulator-Ever-Made background]] [[http://www.lexis.com/research/xlink?app=00075&view=full&searchtype=get&search=214+F.3d+1022 case on lexis]]

'''Sony BMG Says CD Ripping is Stealing''' Arguing that CD Ripping is [http://arstechnica.com/news.ars/post/20071002-sony-bmgs-chief-anti-piracy-lawyer-copying-music-you-own-is-stealing.html no longer fair use] Jennifer Pariser, a lawyer for Sony BMG said that making MP3s from your CDs is a nice way of saying that you're only stealing one copy of the music. Is this space or device shifting fair use? What if you download the music that you own on CD rather than ripping it from the CD yourself?

See http://blog.wired.com/27bstroke6/riaa_trial/index.html

'''iPhone Owners Contemplate Class Action Over "Bricking."''' [http://www.informationweek.com/blog/main/archives/2007/09/iphone_users_ta.html A disgruntled iPhone owner] is looking for people to join in a suit against Apple. They are alleging that Apple is refusing to support phones under warranty, specifically for those phones which people unlocked to work on other networks. Why is this IP related? Because unlocking your phone is fair use under the DMCA (which would ordinarlly forbid you from trying to circumvent protection like this. So can Apple either (1) not provide people with legitimate means to unlock their phones, or (2) void the warranties of those who do?

'''Old news regarding utility of gene patents'''
Speaking of utility and gene patents, the USPTO issued examination guidelines in 2001 http://www.uspto.gov/web/offices/com/sol/notices/utilexmguide.pdf :

"An
inventorÃ¢â¬â¢s discovery of a gene can be the
basis for a patent on the genetic
composition isolated from its natural
state and processed through purifying
steps that separate the gene from other
molecules naturally associated with it.
If a patent application discloses only
nucleic acid molecular structure for a
newly discovered gene, and no utility
for the claimed isolated gene, the
claimed invention is not patentable. But
when the inventor also discloses how to
use the purified gene isolated from its
natural state, the application satisfies
the Ã¢â¬ËÃ¢â¬ËutilityÃ¢â¬â¢Ã¢â¬â¢ requirement. That is, where
the application discloses a specific,
substantial, and credible utility for the
claimed isolated and purified gene, the
isolated and purified gene composition
may be patentable."

=September=

'''I know it's not new news''', but can you really blame the peer-to-peer networks/software companies/groups when the record industry seems to have been engaging in some anti-trust price hikes of their own? The record companies settled out of court with the attorney general...
[http://mblc.state.ma.us/mblc/publications/newsletter/2004/23_4/cd_settlement.php]
[--Melissa O'Berg 9/25]

'''Copyright Suit For Violating Open Source License''' "The Software Freedom Law Center, the nonprofit legal services organization supporting open source software projects, announced last week the filing of a lawsuit that it bills as the "first ever U.S. copyright infringement lawsuit based on a violation of the GNU General Public License (GPL)."" [http://brownraysman.typepad.com/technology_law_update/2007/09/will-the-gnu-gp.html]

'''Virgin sued for using teen's photo''' Virgin Mobile Australia is doing an ad campaign using photos they found on flickr. The photos they are using are all licensed under the Creative Commons, but there seems to be some dispute over whether the people depicted in the pictures need to be contacted before they are used.
article about it[http://www.smh.com.au/news/technology/virgin-sued-for-using-teens-photo/2007/09/21/1189881735928.html]
some discussion on slashdot[http://yro.slashdot.org/article.pl?sid=07/09/22/0319252]
discussion including the girl and her family on flickr[http://www.flickr.com/photos/sesh00/515961023/]

'''Robotics firm says rival stole designs''' In a case complete with private detectives and accusations of downloaded documents and shredded evidence, iRobot alleged last month that Robotic FX's products were built with trade secrets stolen by the upstart company's founder, a former iRobot engineer. http://www.boston.com/business/technology/articles/2007/09/21/robotics_firm_says_rival_stole_designs/?rss_id=Boston+Globe+--+Front+Page [Paula Lyons 9/21]

'''Judge Rules Star Tribune publisher must step down''' The Star Tribune's new publisher (hired only 3 days after he left Twin Cities rival newspaper The Pioneer Press) is now prohibited from working for the Star Tribune for 1 year after he was convicted of taking trade secret information from The Pioneer Press (a laptop with company docs and spreadsheets) to his new employer.
[http://www.startribune.com/535/story/1430139.html]

'''RIAA loses So-Cal copyright suit on MTD''' RIAA filed "boilerplate" complaint for infringement based on "downloading and distributing copyrighted works." Judge granted MTD for failure to state a claim, holding "Plaintiff here must present at least some facts to show the plausibility of their allegations of copyright infringement against defendant...other than the bare conclusory statement that on 'information and belief' defendant has downloaded, distributed and/or made available for distribution to the public copyrighted works..." [http://www.dailytech.com/RIAA+Loses+in+Precedentsetting+Case/article8884.htm DailyTech Article ], [http://www.ilrweb.com/viewILRPDF.asp?filename=interscope_rodriguez_061114Complaint Complaint], [http://www.ilrweb.com/viewILRPDF.asp?filename=interscope_rodriguez_070817OrderDismissComplaint Order]

'''Programmer Deletes Source Code -- Trade Secret Misappropriation''' [http://brownraysman.typepad.com/technology_law_update/2007/09/a-software-deve.html Technology Law Update] 9/17/07

'''The Piracy Paradox: How Illegal Copying is Good for the Fashion Industry''' [http://www.newyorker.com/talk/financial/2007/09/24/070924ta_talk_surowiecki The New Yorker].

'''Prince to sue YouTube, eBay over music use''' U.S. pop star Prince plans to sue YouTube and other major Web sites for unauthorized use of his music in a bid to "reclaim his art on the Internet."
http://music.yahoo.com/read/news/48019363
9/16/07

'''Company Patents Playlists, Sues Everyone''' "A company called Premier International Associates filed suit against a slew of tech companies . . . [for] violating Premier's patents for an electronic "List building system"Ã¢â¬âthe older of which was applied for in 1997 and issued in 2001." [http://arstechnica.com/news.ars/post/20070914-company-patents-playlists-sues-everyone.html Ars Technica] 9/14/07

'''Microsoft Patents Watermark That May Protect DRM-free Music''' Microsoft Corp. has won a patent for a digital-watermarking technology that could be used to protect the rights of content owners even when digital music is distributed without DRM protection. [http://news.yahoo.com/s/pcworld/20070912/tc_pcworld/137106;_ylt=AqHWO1oXfN_CBjbZUlfitvgjtBAF Microsoft Patents Watermark]

'''Copyright Protection for Sound Recordings Will Not be Extended in the UK'''
[http://www.tech.co.uk/home-entertainment/hi-fi-and-audio/music/news/beatles-music-to-be-free-after-2013?articleid=650590422] -- Not exactly new news, but I find it interesting that the US extended protection for Mickey Mouse and the UK isn't going to do it for the Beatles

'''House Passes Patent Reform Bill''' [http://www.patentlyo.com/patent/2007/09/patent-reform-2.html The Patent Law Blog] -- The Patent Law Blog has a good review of the provisions of the patent reform bill, H 1908. It's provisions include a transition to a first to file system, and an overhaul of the way courts should calculate damages. 9/11/07

'''Doctor Who Leaked Documents Will Pay $100,000 to Lilly''' [http://www.nytimes.com/2007/09/08/business/08lilly.html?_r=1&oref=slogin&ref=business&pagewanted=print NYT] -- Dr. Egilman received the documents as a litigation expert, then provided them to other sources including the New York Times. Is the NYT liable for trade secret misappropriation too?

'''Pharma Companies form Joint Venture''' Ã¢â¬â [http://www.nytimes.com/2007/09/07/business/07drug.html THe New York Times] is reporting that two companies, Isis Pharmaceuticals and Alnylam Pharmaceuticals have formed an equally owned joint venture, Regulus Pharmaceuticals. One of the driving forces behind the joint venture was to combine their IP, specifically, patents, in order to do research without fear of patent infringement. ([[User:Snitty|Snitty]] 08:20, 7 September 2007 (EDT))

'''Tech, drug companies battle over patent reform.'''
The [http://www.washingtonpost.com/wp-dyn/content/article/2007/09/03/AR2007090300426_pf.html Washington Post], reports on some of the lobbying around proposed [http://www.patentlyo.com/patent/2007/04/patent_reform_a.html Patent Reform] that Congress will consider on its return from recess. Look at the industry groups lined up on opposing sides. 9/3/07

'''Before Models Can Turn Around, Knockoffs Fly''' Fashion designers want IP protection for their designs. Should they get some? [http://www.nytimes.com/2007/09/04/us/04fashion.html?ref=fashion&pagewanted=all New York Times],
9/3/07

'''A big victory: Golan v. Gonzales''' Professor Larry Lessig [http://lessig.org/blog/2007/09/a_big_victory_golan_v_gonzales.html blogs] about the unanimous court ruling, effectively working towards that works that are in the public domain stay in the public domain. Also: [[http://cyberlaw.stanford.edu/case/golan-v-gonzales Stanford Center for Internet and Society]] 9/5/07

'''Pepsi Alerted Coca-Cola to Stolen-Coke-Secrets Offer''' In [http://www.foxnews.com/story/0,2933,202439,00.html this article], Fox News reports on an attempt to sell Pepsi some of Coke's trade secrets.

=August=
'''Unlocking the iPhone could invite DMCA suit'''
This [http://www.pcworld.com/article/id,136438-c,iphone/article.html link PC WORLD] article speaks about how some really intelligent hackers may get into trouble with AT&T and Apple. Apparently, reverse engineering and innovation is not always a good thing, especially when companies are making money for their hard work to keep an exclusive relationship.

'''Google Settles Trademark Suit'''
Google settled a suit brought by American Blind and Wallpaper Factory for their AdWords program. The theory of the suit was that Google was getting revenue from using trademarks owned by AB&WF. When someone would search for American Blind, google would display sponsored results, thereby making money off of their trade mark. The settlement ended up not being for money, but for a promise that Google wouldn't change AdWords policy to adversely affect AB&WF. You can view the story here: [http://www.nytimes.com/2007/09/01/technology/01settle.html?_r=1&ref=technology&oref=slogin New York Times] --Ben Snitkoff

'''Failure to adhere to Open Source License is not Copyright Breach'''
A [http://brownraysman.typepad.com/technology_law_update/2007/08/failure-to-adhe.html blog article] detailing Jacobsen v. Katzer. 8/27/07

[[Category: IP]]
[http://www.example.com link title]

IP: News and Views

2007-10-23T15:53:03Z

Snitty: DMCA, Copyright dispute

What's new in IP-land?

=October=
'''DMCA and Sweat Work Dispute''' The Nation's Largest seller of text books is [http://blog.wired.com/27bstroke6/2007/10/nations-largest.html suing] [http://ugenie.com/ Ugenie] for breach of contract (terms of service) and copyright infringement. The Plaintiff, Follett Higher Education Group goes around and collects course titles and book lists from colleges all over the country. They then make the information freely available on their website. They allege that Ugenie, in violation of the DMCA and Follett's terms of service, used bots to copy this information and post it on their own website. ([[User:Snitty|Snitty]] 11:53, 23 October 2007 (EDT))

'''Trademark Dispute!! HBO versus NY Fitness Instructor''' http://blogs.wsj.com/law/2007/10/22/a-trademark-dispute-the-city/ [posted by your favorite die hard Taco Cabana fan]

'''Law Firm Says Copyright Bans Users From Looking At Its Website HTML Source Code''' "We also own all of the code, including the HTML code, and all content. As you may know, you can view the HTML code with a standard browser. We do not permit you to view such code since we consider it to be our intellectual property protected by the copyright laws. You are therefore not authorized to do so." [http://techdirt.com/articles/20071017/092927.shtml]

A group of media and internet companies plans to announce online copyright protection guidelines in an attempt to combat infringing content uploaded by users of websites like YouTube. http://online.wsj.com/article/SB119269788721663302.html?mod=djemalert

'''Amazon.com's One-Click Patent Struck Down by PTO''' [http://igdmlgd.blogspot.com/2007/10/amazon-one-click-patent-rejected-by-us.html http://igdmlgd.blogspot.com/2007/10/amazon-one-click-patent-rejected-by-us.html]

'''Creative Chinese Knockoffs''' This isn't "news," but since we move onto trademarks soon I thought it would make an interesting post. Check out these pictures of Chinese knockoffs. [http://berimbauone.blogspot.com/2007/10/funny-chinese-knock-offs.html Knockoffs]

'''Nixon Peabody LLP Makes Terrible Song, Fair Use Ensues...''' Nixon Peabody LLP had a "theme" song made celebrating their firm. Apparently everyone's a winner at Nixon Peabody. The song was leaked, and picked up by various sources. Nixon Peabody was not to happy about this, and asked that the song be taken down. However, citing fair use, many sites kept it up. See the links for articles, the song itself, and a funny youtube clip covering the ordeal.
http://www.abovethelaw.com/2007/08/nixon_peabody_themesonggate_an.php
http://www.abovethelaw.com/images/NixonPeabody.mp3
http://youtube.com/watch?v=7SeL6i3sHM0 (apologies if sound doesn't work)

'''First Linux Patent Infringement Lawsuit Filed''' Complaint filed by IP Innovation, LLC against Red Hat and Novell. IP Innovation is claiming ownership of 3 patents entitled "User Interface With Multiple Workspaces for Sharing System Display Objects." The complaint alleges infringement through Red Hat Linux and Novell's Suse Linux products. [http://www.groklaw.net/pdf/IPvRH-1.pdf Complaint] [http://www.groklaw.net/article.php?story=20071011205044141 Groklaw Article]

"Label sues Perez Hilton for posting Brit's songs" Ok, so it isn't as high tech as some of the things we've been reading, but I was amused when I saw this & thought I'd share... http://www.msnbc.msn.com/id/21255700/ [-Valerie Cooney 10/11]

'''Event: Friday, Oct. 12''' Digital Freedom University's copyright debate and concert, Curry Student Center West Addition, Friday at 4 p.m. http://digitalfreedom.org/events/digital_freedom_university.html

'''One Way to Keep That 'Cease-and-Desist' Letter From Getting Posted Online, Copyright it''' In an attempt to avoid the embarrassment of having their cease and desist letters posted online companies are now claiming they hold a copyright on the letters so they cannot be posted online for the public to see (and probably make fun of). [http://techdirt.com/articles/20071005/174623.shtml]

'''Vonage and Sprint Settle Patent Dispute''' Vonage agrees to pay $80M to license Sprint's VoIP technology. The deal includes $35M in past infringement, $40M for future use and $5M in prepayment for services. Sprint asserted that Vonage had infringed on 6 patents. [http://online.wsj.com/article/SB119185093069752174.html?mod=googlenews_wsj WSJ]

'''Minnesota Woman Must Pay $222k for Kazaa'ing 24 songs''' "A 30-year-old Duluth, Minn., woman must pay six record companies $222,000 for violating copyright by downloading songs illegally and then sharing them through Kazaa, a federal jury has ruled in the first such lawsuit to go to trial." [http://blogs.usatoday.com/ondeadline/2007/10/minn-woman-must.html USA Today] [http://blog.wired.com/27bstroke6/riaa_trial/index.html Wired]

'''Family Guy Sued for Copyright Infringement''' The copyright owner of "When You Wish Upon A Star" [http://blogs.wsj.com/law/2007/10/04/the-family-guy-i-need-a-lawyer/ sued] Fox for the song [http://www.lyricsdownload.com/family-guy-i-need-a-jew-lyrics.html I Need A Jew]. The lyrics of When You Wish Upon a Star can be found [http://solosong.net/wish.html here]. The similarity between the lyrics and melody are undeniable, however is there a strong argument for fair use? How likely is this song to have an impact on the market for the original? Can they argue it was a pardoy and not satire?

'''Screenshots are fair use''' "We must decide whether the unauthorized use of a "screen shot" - a
frozen image from a personal video game - falls within the fair use exception to the law of copyright." From Sony v. Bleem. [[http://www.escapistmagazine.com/articles/view/issues/issue_117/2295-Best-Little-Emulator-Ever-Made background]] [[http://www.lexis.com/research/xlink?app=00075&view=full&searchtype=get&search=214+F.3d+1022 case on lexis]]

'''Sony BMG Says CD Ripping is Stealing''' Arguing that CD Ripping is [http://arstechnica.com/news.ars/post/20071002-sony-bmgs-chief-anti-piracy-lawyer-copying-music-you-own-is-stealing.html no longer fair use] Jennifer Pariser, a lawyer for Sony BMG said that making MP3s from your CDs is a nice way of saying that you're only stealing one copy of the music. Is this space or device shifting fair use? What if you download the music that you own on CD rather than ripping it from the CD yourself?

See http://blog.wired.com/27bstroke6/riaa_trial/index.html

'''iPhone Owners Contemplate Class Action Over "Bricking."''' [http://www.informationweek.com/blog/main/archives/2007/09/iphone_users_ta.html A disgruntled iPhone owner] is looking for people to join in a suit against Apple. They are alleging that Apple is refusing to support phones under warranty, specifically for those phones which people unlocked to work on other networks. Why is this IP related? Because unlocking your phone is fair use under the DMCA (which would ordinarlly forbid you from trying to circumvent protection like this. So can Apple either (1) not provide people with legitimate means to unlock their phones, or (2) void the warranties of those who do?

'''Old news regarding utility of gene patents'''
Speaking of utility and gene patents, the USPTO issued examination guidelines in 2001 http://www.uspto.gov/web/offices/com/sol/notices/utilexmguide.pdf :

"An
inventorÃ¢ÂÂs discovery of a gene can be the
basis for a patent on the genetic
composition isolated from its natural
state and processed through purifying
steps that separate the gene from other
molecules naturally associated with it.
If a patent application discloses only
nucleic acid molecular structure for a
newly discovered gene, and no utility
for the claimed isolated gene, the
claimed invention is not patentable. But
when the inventor also discloses how to
use the purified gene isolated from its
natural state, the application satisfies
the Ã¢ÂÂÃ¢ÂÂutilityÃ¢ÂÂÃ¢ÂÂ requirement. That is, where
the application discloses a specific,
substantial, and credible utility for the
claimed isolated and purified gene, the
isolated and purified gene composition
may be patentable."

=September=

'''I know it's not new news''', but can you really blame the peer-to-peer networks/software companies/groups when the record industry seems to have been engaging in some anti-trust price hikes of their own? The record companies settled out of court with the attorney general...
[http://mblc.state.ma.us/mblc/publications/newsletter/2004/23_4/cd_settlement.php]
[--Melissa O'Berg 9/25]

'''Copyright Suit For Violating Open Source License''' "The Software Freedom Law Center, the nonprofit legal services organization supporting open source software projects, announced last week the filing of a lawsuit that it bills as the "first ever U.S. copyright infringement lawsuit based on a violation of the GNU General Public License (GPL)."" [http://brownraysman.typepad.com/technology_law_update/2007/09/will-the-gnu-gp.html]

'''Virgin sued for using teen's photo''' Virgin Mobile Australia is doing an ad campaign using photos they found on flickr. The photos they are using are all licensed under the Creative Commons, but there seems to be some dispute over whether the people depicted in the pictures need to be contacted before they are used.
article about it[http://www.smh.com.au/news/technology/virgin-sued-for-using-teens-photo/2007/09/21/1189881735928.html]
some discussion on slashdot[http://yro.slashdot.org/article.pl?sid=07/09/22/0319252]
discussion including the girl and her family on flickr[http://www.flickr.com/photos/sesh00/515961023/]

'''Robotics firm says rival stole designs''' In a case complete with private detectives and accusations of downloaded documents and shredded evidence, iRobot alleged last month that Robotic FX's products were built with trade secrets stolen by the upstart company's founder, a former iRobot engineer. http://www.boston.com/business/technology/articles/2007/09/21/robotics_firm_says_rival_stole_designs/?rss_id=Boston+Globe+--+Front+Page [Paula Lyons 9/21]

'''Judge Rules Star Tribune publisher must step down''' The Star Tribune's new publisher (hired only 3 days after he left Twin Cities rival newspaper The Pioneer Press) is now prohibited from working for the Star Tribune for 1 year after he was convicted of taking trade secret information from The Pioneer Press (a laptop with company docs and spreadsheets) to his new employer.
[http://www.startribune.com/535/story/1430139.html]

'''RIAA loses So-Cal copyright suit on MTD''' RIAA filed "boilerplate" complaint for infringement based on "downloading and distributing copyrighted works." Judge granted MTD for failure to state a claim, holding "Plaintiff here must present at least some facts to show the plausibility of their allegations of copyright infringement against defendant...other than the bare conclusory statement that on 'information and belief' defendant has downloaded, distributed and/or made available for distribution to the public copyrighted works..." [http://www.dailytech.com/RIAA+Loses+in+Precedentsetting+Case/article8884.htm DailyTech Article ], [http://www.ilrweb.com/viewILRPDF.asp?filename=interscope_rodriguez_061114Complaint Complaint], [http://www.ilrweb.com/viewILRPDF.asp?filename=interscope_rodriguez_070817OrderDismissComplaint Order]

'''Programmer Deletes Source Code -- Trade Secret Misappropriation''' [http://brownraysman.typepad.com/technology_law_update/2007/09/a-software-deve.html Technology Law Update] 9/17/07

'''The Piracy Paradox: How Illegal Copying is Good for the Fashion Industry''' [http://www.newyorker.com/talk/financial/2007/09/24/070924ta_talk_surowiecki The New Yorker].

'''Prince to sue YouTube, eBay over music use''' U.S. pop star Prince plans to sue YouTube and other major Web sites for unauthorized use of his music in a bid to "reclaim his art on the Internet."
http://music.yahoo.com/read/news/48019363
9/16/07

'''Company Patents Playlists, Sues Everyone''' "A company called Premier International Associates filed suit against a slew of tech companies . . . [for] violating Premier's patents for an electronic "List building system"Ã¢ÂÂthe older of which was applied for in 1997 and issued in 2001." [http://arstechnica.com/news.ars/post/20070914-company-patents-playlists-sues-everyone.html Ars Technica] 9/14/07

'''Microsoft Patents Watermark That May Protect DRM-free Music''' Microsoft Corp. has won a patent for a digital-watermarking technology that could be used to protect the rights of content owners even when digital music is distributed without DRM protection. [http://news.yahoo.com/s/pcworld/20070912/tc_pcworld/137106;_ylt=AqHWO1oXfN_CBjbZUlfitvgjtBAF Microsoft Patents Watermark]

'''Copyright Protection for Sound Recordings Will Not be Extended in the UK'''
[http://www.tech.co.uk/home-entertainment/hi-fi-and-audio/music/news/beatles-music-to-be-free-after-2013?articleid=650590422] -- Not exactly new news, but I find it interesting that the US extended protection for Mickey Mouse and the UK isn't going to do it for the Beatles

'''House Passes Patent Reform Bill''' [http://www.patentlyo.com/patent/2007/09/patent-reform-2.html The Patent Law Blog] -- The Patent Law Blog has a good review of the provisions of the patent reform bill, H 1908. It's provisions include a transition to a first to file system, and an overhaul of the way courts should calculate damages. 9/11/07

'''Doctor Who Leaked Documents Will Pay $100,000 to Lilly''' [http://www.nytimes.com/2007/09/08/business/08lilly.html?_r=1&oref=slogin&ref=business&pagewanted=print NYT] -- Dr. Egilman received the documents as a litigation expert, then provided them to other sources including the New York Times. Is the NYT liable for trade secret misappropriation too?

'''Pharma Companies form Joint Venture''' Ã¢ÂÂ [http://www.nytimes.com/2007/09/07/business/07drug.html THe New York Times] is reporting that two companies, Isis Pharmaceuticals and Alnylam Pharmaceuticals have formed an equally owned joint venture, Regulus Pharmaceuticals. One of the driving forces behind the joint venture was to combine their IP, specifically, patents, in order to do research without fear of patent infringement. ([[User:Snitty|Snitty]] 08:20, 7 September 2007 (EDT))

'''Tech, drug companies battle over patent reform.'''
The [http://www.washingtonpost.com/wp-dyn/content/article/2007/09/03/AR2007090300426_pf.html Washington Post], reports on some of the lobbying around proposed [http://www.patentlyo.com/patent/2007/04/patent_reform_a.html Patent Reform] that Congress will consider on its return from recess. Look at the industry groups lined up on opposing sides. 9/3/07

'''Before Models Can Turn Around, Knockoffs Fly''' Fashion designers want IP protection for their designs. Should they get some? [http://www.nytimes.com/2007/09/04/us/04fashion.html?ref=fashion&pagewanted=all New York Times],
9/3/07

'''A big victory: Golan v. Gonzales''' Professor Larry Lessig [http://lessig.org/blog/2007/09/a_big_victory_golan_v_gonzales.html blogs] about the unanimous court ruling, effectively working towards that works that are in the public domain stay in the public domain. Also: [[http://cyberlaw.stanford.edu/case/golan-v-gonzales Stanford Center for Internet and Society]] 9/5/07

'''Pepsi Alerted Coca-Cola to Stolen-Coke-Secrets Offer''' In [http://www.foxnews.com/story/0,2933,202439,00.html this article], Fox News reports on an attempt to sell Pepsi some of Coke's trade secrets.

=August=
'''Unlocking the iPhone could invite DMCA suit'''
This [http://www.pcworld.com/article/id,136438-c,iphone/article.html link PC WORLD] article speaks about how some really intelligent hackers may get into trouble with AT&T and Apple. Apparently, reverse engineering and innovation is not always a good thing, especially when companies are making money for their hard work to keep an exclusive relationship.

'''Google Settles Trademark Suit'''
Google settled a suit brought by American Blind and Wallpaper Factory for their AdWords program. The theory of the suit was that Google was getting revenue from using trademarks owned by AB&WF. When someone would search for American Blind, google would display sponsored results, thereby making money off of their trade mark. The settlement ended up not being for money, but for a promise that Google wouldn't change AdWords policy to adversely affect AB&WF. You can view the story here: [http://www.nytimes.com/2007/09/01/technology/01settle.html?_r=1&ref=technology&oref=slogin New York Times] --Ben Snitkoff

'''Failure to adhere to Open Source License is not Copyright Breach'''
A [http://brownraysman.typepad.com/technology_law_update/2007/08/failure-to-adhe.html blog article] detailing Jacobsen v. Katzer. 8/27/07

[[Category: IP]]
[http://www.example.com link title]

IP: News and Views

2007-10-10T18:14:40Z

Snitty: removed a random string "getlali"

What's new in IP-land?

=October=

'''Event: Friday, Oct. 12''' Digital Freedom University's copyright debate and concert, Curry Student Center West Addition, Friday at 4 p.m. http://digitalfreedom.org/events/digital_freedom_university.html

'''One Way to Keep That 'Cease-and-Desist' Letter From Getting Posted Online, Copyright it''' In an attempt to avoid the embarrassment of having their cease and desist letters posted online companies are now claiming they hold a copyright on the letters so they cannot be posted online for the public to see (and probably make fun of). [http://techdirt.com/articles/20071005/174623.shtml]

'''Vonage and Sprint Settle Patent Dispute''' Vonage agrees to pay $80M to license Sprint's VoIP technology. The deal includes $35M in past infringement, $40M for future use and $5M in prepayment for services. Sprint asserted that Vonage had infringed on 6 patents. [http://online.wsj.com/article/SB119185093069752174.html?mod=googlenews_wsj WSJ]

'''Minnesota Woman Must Pay $222k for Kazaa'ing 24 songs''' "A 30-year-old Duluth, Minn., woman must pay six record companies $222,000 for violating copyright by downloading songs illegally and then sharing them through Kazaa, a federal jury has ruled in the first such lawsuit to go to trial." [http://blogs.usatoday.com/ondeadline/2007/10/minn-woman-must.html USA Today] [http://blog.wired.com/27bstroke6/riaa_trial/index.html Wired]

'''Family Guy Sued for Copyright Infringement''' The copyright owner of "When You Wish Upon A Star" [http://blogs.wsj.com/law/2007/10/04/the-family-guy-i-need-a-lawyer/ sued] Fox for the song [http://www.lyricsdownload.com/family-guy-i-need-a-jew-lyrics.html I Need A Jew]. The lyrics of When You Wish Upon a Star can be found [http://solosong.net/wish.html here]. The similarity between the lyrics and melody are undeniable, however is there a strong argument for fair use? How likely is this song to have an impact on the market for the original? Can they argue it was a pardoy and not satire?

'''Screenshots are fair use''' "We must decide whether the unauthorized use of a "screen shot" - a
frozen image from a personal video game - falls within the fair use exception to the law of copyright." From Sony v. Bleem. [[http://www.escapistmagazine.com/articles/view/issues/issue_117/2295-Best-Little-Emulator-Ever-Made background]] [[http://www.lexis.com/research/xlink?app=00075&view=full&searchtype=get&search=214+F.3d+1022 case on lexis]]

'''Sony BMG Says CD Ripping is Stealing''' Arguing that CD Ripping is [http://arstechnica.com/news.ars/post/20071002-sony-bmgs-chief-anti-piracy-lawyer-copying-music-you-own-is-stealing.html no longer fair use] Jennifer Pariser, a lawyer for Sony BMG said that making MP3s from your CDs is a nice way of saying that you're only stealing one copy of the music. Is this space or device shifting fair use? What if you download the music that you own on CD rather than ripping it from the CD yourself?

See http://blog.wired.com/27bstroke6/riaa_trial/index.html

'''iPhone Owners Contemplate Class Action Over "Bricking."''' [http://www.informationweek.com/blog/main/archives/2007/09/iphone_users_ta.html A disgruntled iPhone owner] is looking for people to join in a suit against Apple. They are alleging that Apple is refusing to support phones under warranty, specifically for those phones which people unlocked to work on other networks. Why is this IP related? Because unlocking your phone is fair use under the DMCA (which would ordinarlly forbid you from trying to circumvent protection like this. So can Apple either (1) not provide people with legitimate means to unlock their phones, or (2) void the warranties of those who do?

'''Old news regarding utility of gene patents'''
Speaking of utility and gene patents, the USPTO issued examination guidelines in 2001 http://www.uspto.gov/web/offices/com/sol/notices/utilexmguide.pdf :

"An
inventorÃ¢ÂÂs discovery of a gene can be the
basis for a patent on the genetic
composition isolated from its natural
state and processed through purifying
steps that separate the gene from other
molecules naturally associated with it.
If a patent application discloses only
nucleic acid molecular structure for a
newly discovered gene, and no utility
for the claimed isolated gene, the
claimed invention is not patentable. But
when the inventor also discloses how to
use the purified gene isolated from its
natural state, the application satisfies
the Ã¢ÂÂÃ¢ÂÂutilityÃ¢ÂÂÃ¢ÂÂ requirement. That is, where
the application discloses a specific,
substantial, and credible utility for the
claimed isolated and purified gene, the
isolated and purified gene composition
may be patentable."

=September=

'''I know it's not new news''', but can you really blame the peer-to-peer networks/software companies/groups when the record industry seems to have been engaging in some anti-trust price hikes of their own? The record companies settled out of court with the attorney general...
[http://mblc.state.ma.us/mblc/publications/newsletter/2004/23_4/cd_settlement.php]
[--Melissa O'Berg 9/25]

'''Copyright Suit For Violating Open Source License''' "The Software Freedom Law Center, the nonprofit legal services organization supporting open source software projects, announced last week the filing of a lawsuit that it bills as the "first ever U.S. copyright infringement lawsuit based on a violation of the GNU General Public License (GPL)."" [http://brownraysman.typepad.com/technology_law_update/2007/09/will-the-gnu-gp.html]

'''Virgin sued for using teen's photo''' Virgin Mobile Australia is doing an ad campaign using photos they found on flickr. The photos they are using are all licensed under the Creative Commons, but there seems to be some dispute over whether the people depicted in the pictures need to be contacted before they are used.
article about it[http://www.smh.com.au/news/technology/virgin-sued-for-using-teens-photo/2007/09/21/1189881735928.html]
some discussion on slashdot[http://yro.slashdot.org/article.pl?sid=07/09/22/0319252]
discussion including the girl and her family on flickr[http://www.flickr.com/photos/sesh00/515961023/]

'''Robotics firm says rival stole designs''' In a case complete with private detectives and accusations of downloaded documents and shredded evidence, iRobot alleged last month that Robotic FX's products were built with trade secrets stolen by the upstart company's founder, a former iRobot engineer. http://www.boston.com/business/technology/articles/2007/09/21/robotics_firm_says_rival_stole_designs/?rss_id=Boston+Globe+--+Front+Page [Paula Lyons 9/21]

'''Judge Rules Star Tribune publisher must step down''' The Star Tribune's new publisher (hired only 3 days after he left Twin Cities rival newspaper The Pioneer Press) is now prohibited from working for the Star Tribune for 1 year after he was convicted of taking trade secret information from The Pioneer Press (a laptop with company docs and spreadsheets) to his new employer.
[http://www.startribune.com/535/story/1430139.html]

'''RIAA loses So-Cal copyright suit on MTD''' RIAA filed "boilerplate" complaint for infringement based on "downloading and distributing copyrighted works." Judge granted MTD for failure to state a claim, holding "Plaintiff here must present at least some facts to show the plausibility of their allegations of copyright infringement against defendant...other than the bare conclusory statement that on 'information and belief' defendant has downloaded, distributed and/or made available for distribution to the public copyrighted works..." [http://www.dailytech.com/RIAA+Loses+in+Precedentsetting+Case/article8884.htm DailyTech Article ], [http://www.ilrweb.com/viewILRPDF.asp?filename=interscope_rodriguez_061114Complaint Complaint], [http://www.ilrweb.com/viewILRPDF.asp?filename=interscope_rodriguez_070817OrderDismissComplaint Order]

'''Programmer Deletes Source Code -- Trade Secret Misappropriation''' [http://brownraysman.typepad.com/technology_law_update/2007/09/a-software-deve.html Technology Law Update] 9/17/07

'''The Piracy Paradox: How Illegal Copying is Good for the Fashion Industry''' [http://www.newyorker.com/talk/financial/2007/09/24/070924ta_talk_surowiecki The New Yorker].

'''Prince to sue YouTube, eBay over music use''' U.S. pop star Prince plans to sue YouTube and other major Web sites for unauthorized use of his music in a bid to "reclaim his art on the Internet."
http://music.yahoo.com/read/news/48019363
9/16/07

'''Company Patents Playlists, Sues Everyone''' "A company called Premier International Associates filed suit against a slew of tech companies . . . [for] violating Premier's patents for an electronic "List building system"Ã¢ÂÂthe older of which was applied for in 1997 and issued in 2001." [http://arstechnica.com/news.ars/post/20070914-company-patents-playlists-sues-everyone.html Ars Technica] 9/14/07

'''Microsoft Patents Watermark That May Protect DRM-free Music''' Microsoft Corp. has won a patent for a digital-watermarking technology that could be used to protect the rights of content owners even when digital music is distributed without DRM protection. [http://news.yahoo.com/s/pcworld/20070912/tc_pcworld/137106;_ylt=AqHWO1oXfN_CBjbZUlfitvgjtBAF Microsoft Patents Watermark]

'''Copyright Protection for Sound Recordings Will Not be Extended in the UK'''
[http://www.tech.co.uk/home-entertainment/hi-fi-and-audio/music/news/beatles-music-to-be-free-after-2013?articleid=650590422] -- Not exactly new news, but I find it interesting that the US extended protection for Mickey Mouse and the UK isn't going to do it for the Beatles

'''House Passes Patent Reform Bill''' [http://www.patentlyo.com/patent/2007/09/patent-reform-2.html The Patent Law Blog] -- The Patent Law Blog has a good review of the provisions of the patent reform bill, H 1908. It's provisions include a transition to a first to file system, and an overhaul of the way courts should calculate damages. 9/11/07

'''Doctor Who Leaked Documents Will Pay $100,000 to Lilly''' [http://www.nytimes.com/2007/09/08/business/08lilly.html?_r=1&oref=slogin&ref=business&pagewanted=print NYT] -- Dr. Egilman received the documents as a litigation expert, then provided them to other sources including the New York Times. Is the NYT liable for trade secret misappropriation too?

'''Pharma Companies form Joint Venture''' Ã¢ÂÂ [http://www.nytimes.com/2007/09/07/business/07drug.html THe New York Times] is reporting that two companies, Isis Pharmaceuticals and Alnylam Pharmaceuticals have formed an equally owned joint venture, Regulus Pharmaceuticals. One of the driving forces behind the joint venture was to combine their IP, specifically, patents, in order to do research without fear of patent infringement. ([[User:Snitty|Snitty]] 08:20, 7 September 2007 (EDT))

'''Tech, drug companies battle over patent reform.'''
The [http://www.washingtonpost.com/wp-dyn/content/article/2007/09/03/AR2007090300426_pf.html Washington Post], reports on some of the lobbying around proposed [http://www.patentlyo.com/patent/2007/04/patent_reform_a.html Patent Reform] that Congress will consider on its return from recess. Look at the industry groups lined up on opposing sides. 9/3/07

'''Before Models Can Turn Around, Knockoffs Fly''' Fashion designers want IP protection for their designs. Should they get some? [http://www.nytimes.com/2007/09/04/us/04fashion.html?ref=fashion&pagewanted=all New York Times],
9/3/07

'''A big victory: Golan v. Gonzales''' Professor Larry Lessig [http://lessig.org/blog/2007/09/a_big_victory_golan_v_gonzales.html blogs] about the unanimous court ruling, effectively working towards that works that are in the public domain stay in the public domain. Also: [[http://cyberlaw.stanford.edu/case/golan-v-gonzales Stanford Center for Internet and Society]] 9/5/07

'''Pepsi Alerted Coca-Cola to Stolen-Coke-Secrets Offer''' In [http://www.foxnews.com/story/0,2933,202439,00.html this article], Fox News reports on an attempt to sell Pepsi some of Coke's trade secrets.

=August=
'''Unlocking the iPhone could invite DMCA suit'''
This [http://www.pcworld.com/article/id,136438-c,iphone/article.html link PC WORLD] article speaks about how some really intelligent hackers may get into trouble with AT&T and Apple. Apparently, reverse engineering and innovation is not always a good thing, especially when companies are making money for their hard work to keep an exclusive relationship.

'''Google Settles Trademark Suit'''
Google settled a suit brought by American Blind and Wallpaper Factory for their AdWords program. The theory of the suit was that Google was getting revenue from using trademarks owned by AB&WF. When someone would search for American Blind, google would display sponsored results, thereby making money off of their trade mark. The settlement ended up not being for money, but for a promise that Google wouldn't change AdWords policy to adversely affect AB&WF. You can view the story here: [http://www.nytimes.com/2007/09/01/technology/01settle.html?_r=1&ref=technology&oref=slogin New York Times] --Ben Snitkoff

'''Failure to adhere to Open Source License is not Copyright Breach'''
A [http://brownraysman.typepad.com/technology_law_update/2007/08/failure-to-adhe.html blog article] detailing Jacobsen v. Katzer. 8/27/07

[[Category: IP]]
[http://www.example.com link title]

IP: News and Views

2007-10-04T18:47:53Z

Snitty: Family Guy and Fair Use

What's new in IP-land?

=October=
'''Family Guy Sued for Copyright Infringement''' The copyright owner of "When You Wish Upon A Star" [http://blogs.wsj.com/law/2007/10/04/the-family-guy-i-need-a-lawyer/ sued] Fox for the song [http://www.lyricsdownload.com/family-guy-i-need-a-jew-lyrics.html I Need A Jew]. The lyrics of When You Wish Upon a Star can be found [http://solosong.net/wish.html here]. The similarity between the lyrics and melody are undeniable, however is there a strong argument for fair use? How likely is this song to have an impact on the market for the original? Can they argue it was a pardoy and not satire?

'''Screenshots are fair use''' "We must decide whether the unauthorized use of a "screen shot" - a
frozen image from a personal video game - falls within the fair use exception to the law of copyright." From Sony v. Bleem. [[http://www.escapistmagazine.com/articles/view/issues/issue_117/2295-Best-Little-Emulator-Ever-Made background]] [[http://www.lexis.com/research/xlink?app=00075&view=full&searchtype=get&search=214+F.3d+1022 case on lexis]]

'''Sony BMG Says CD Ripping is Stealing''' Arguing that CD Ripping is [http://arstechnica.com/news.ars/post/20071002-sony-bmgs-chief-anti-piracy-lawyer-copying-music-you-own-is-stealing.html no longer fair use] Jennifer Pariser, a lawyer for Sony BMG said that making MP3s from your CDs is a nice way of saying that you're only stealing one copy of the music. Is this space or device shifting fair use? What if you download the music that you own on CD rather than ripping it from the CD yourself?

See http://blog.wired.com/27bstroke6/riaa_trial/index.html

'''iPhone Owners Contemplate Class Action Over "Bricking."''' [http://www.informationweek.com/blog/main/archives/2007/09/iphone_users_ta.html A disgruntled iPhone owner] is looking for people to join in a suit against Apple. They are alleging that Apple is refusing to support phones under warranty, specifically for those phones which people unlocked to work on other networks. Why is this IP related? Because unlocking your phone is fair use under the DMCA (which would ordinarlly forbid you from trying to circumvent protection like this. So can Apple either (1) not provide people with legitimate means to unlock their phones, or (2) void the warranties of those who do?

'''Old news regarding utility of gene patents'''
Speaking of utility and gene patents, the USPTO issued examination guidelines in 2001 http://www.uspto.gov/web/offices/com/sol/notices/utilexmguide.pdf :

"An
inventorâs discovery of a gene can be the
basis for a patent on the genetic
composition isolated from its natural
state and processed through purifying
steps that separate the gene from other
molecules naturally associated with it.
If a patent application discloses only
nucleic acid molecular structure for a
newly discovered gene, and no utility
for the claimed isolated gene, the
claimed invention is not patentable. But
when the inventor also discloses how to
use the purified gene isolated from its
natural state, the application satisfies
the ââutilityââ requirement. That is, where
the application discloses a specific,
substantial, and credible utility for the
claimed isolated and purified gene, the
isolated and purified gene composition
may be patentable."

=September=

'''I know it's not new news''', but can you really blame the peer-to-peer networks/software companies/groups when the record industry seems to have been engaging in some anti-trust price hikes of their own? The record companies settled out of court with the attorney general...
[http://mblc.state.ma.us/mblc/publications/newsletter/2004/23_4/cd_settlement.php]
[--Melissa O'Berg 9/25]

'''Copyright Suit For Violating Open Source License''' "The Software Freedom Law Center, the nonprofit legal services organization supporting open source software projects, announced last week the filing of a lawsuit that it bills as the "first ever U.S. copyright infringement lawsuit based on a violation of the GNU General Public License (GPL)."" [http://brownraysman.typepad.com/technology_law_update/2007/09/will-the-gnu-gp.html]

'''Virgin sued for using teen's photo''' Virgin Mobile Australia is doing an ad campaign using photos they found on flickr. The photos they are using are all licensed under the Creative Commons, but there seems to be some dispute over whether the people depicted in the pictures need to be contacted before they are used.
article about it[http://www.smh.com.au/news/technology/virgin-sued-for-using-teens-photo/2007/09/21/1189881735928.html]
some discussion on slashdot[http://yro.slashdot.org/article.pl?sid=07/09/22/0319252]
discussion including the girl and her family on flickr[http://www.flickr.com/photos/sesh00/515961023/]

'''Robotics firm says rival stole designs''' In a case complete with private detectives and accusations of downloaded documents and shredded evidence, iRobot alleged last month that Robotic FX's products were built with trade secrets stolen by the upstart company's founder, a former iRobot engineer. http://www.boston.com/business/technology/articles/2007/09/21/robotics_firm_says_rival_stole_designs/?rss_id=Boston+Globe+--+Front+Page [Paula Lyons 9/21]

'''Judge Rules Star Tribune publisher must step down''' The Star Tribune's new publisher (hired only 3 days after he left Twin Cities rival newspaper The Pioneer Press) is now prohibited from working for the Star Tribune for 1 year after he was convicted of taking trade secret information from The Pioneer Press (a laptop with company docs and spreadsheets) to his new employer.
[http://www.startribune.com/535/story/1430139.html]

'''RIAA loses So-Cal copyright suit on MTD''' RIAA filed "boilerplate" complaint for infringement based on "downloading and distributing copyrighted works." Judge granted MTD for failure to state a claim, holding "Plaintiff here must present at least some facts to show the plausibility of their allegations of copyright infringement against defendant...other than the bare conclusory statement that on 'information and belief' defendant has downloaded, distributed and/or made available for distribution to the public copyrighted works..." [http://www.dailytech.com/RIAA+Loses+in+Precedentsetting+Case/article8884.htm DailyTech Article ], [http://www.ilrweb.com/viewILRPDF.asp?filename=interscope_rodriguez_061114Complaint Complaint], [http://www.ilrweb.com/viewILRPDF.asp?filename=interscope_rodriguez_070817OrderDismissComplaint Order]

'''Programmer Deletes Source Code -- Trade Secret Misappropriation''' [http://brownraysman.typepad.com/technology_law_update/2007/09/a-software-deve.html Technology Law Update] 9/17/07

'''The Piracy Paradox: How Illegal Copying is Good for the Fashion Industry''' [http://www.newyorker.com/talk/financial/2007/09/24/070924ta_talk_surowiecki The New Yorker].

'''Prince to sue YouTube, eBay over music use''' U.S. pop star Prince plans to sue YouTube and other major Web sites for unauthorized use of his music in a bid to "reclaim his art on the Internet."
http://music.yahoo.com/read/news/48019363
9/16/07

'''Company Patents Playlists, Sues Everyone''' "A company called Premier International Associates filed suit against a slew of tech companies . . . [for] violating Premier's patents for an electronic "List building system"âthe older of which was applied for in 1997 and issued in 2001." [http://arstechnica.com/news.ars/post/20070914-company-patents-playlists-sues-everyone.html Ars Technica] 9/14/07

'''Microsoft Patents Watermark That May Protect DRM-free Music''' Microsoft Corp. has won a patent for a digital-watermarking technology that could be used to protect the rights of content owners even when digital music is distributed without DRM protection. [http://news.yahoo.com/s/pcworld/20070912/tc_pcworld/137106;_ylt=AqHWO1oXfN_CBjbZUlfitvgjtBAF Microsoft Patents Watermark]

'''Copyright Protection for Sound Recordings Will Not be Extended in the UK'''
[http://www.tech.co.uk/home-entertainment/hi-fi-and-audio/music/news/beatles-music-to-be-free-after-2013?articleid=650590422] -- Not exactly new news, but I find it interesting that the US extended protection for Mickey Mouse and the UK isn't going to do it for the Beatles

'''House Passes Patent Reform Bill''' [http://www.patentlyo.com/patent/2007/09/patent-reform-2.html The Patent Law Blog] -- The Patent Law Blog has a good review of the provisions of the patent reform bill, H 1908. It's provisions include a transition to a first to file system, and an overhaul of the way courts should calculate damages. 9/11/07

'''Doctor Who Leaked Documents Will Pay $100,000 to Lilly''' [http://www.nytimes.com/2007/09/08/business/08lilly.html?_r=1&oref=slogin&ref=business&pagewanted=print NYT] -- Dr. Egilman received the documents as a litigation expert, then provided them to other sources including the New York Times. Is the NYT liable for trade secret misappropriation too?

'''Pharma Companies form Joint Venture''' â [http://www.nytimes.com/2007/09/07/business/07drug.html THe New York Times] is reporting that two companies, Isis Pharmaceuticals and Alnylam Pharmaceuticals have formed an equally owned joint venture, Regulus Pharmaceuticals. One of the driving forces behind the joint venture was to combine their IP, specifically, patents, in order to do research without fear of patent infringement. ([[User:Snitty|Snitty]] 08:20, 7 September 2007 (EDT))

'''Tech, drug companies battle over patent reform.'''
The [http://www.washingtonpost.com/wp-dyn/content/article/2007/09/03/AR2007090300426_pf.html Washington Post], reports on some of the lobbying around proposed [http://www.patentlyo.com/patent/2007/04/patent_reform_a.html Patent Reform] that Congress will consider on its return from recess. Look at the industry groups lined up on opposing sides. 9/3/07

'''Before Models Can Turn Around, Knockoffs Fly''' Fashion designers want IP protection for their designs. Should they get some? [http://www.nytimes.com/2007/09/04/us/04fashion.html?ref=fashion&pagewanted=all New York Times],
9/3/07

'''A big victory: Golan v. Gonzales''' Professor Larry Lessig [http://lessig.org/blog/2007/09/a_big_victory_golan_v_gonzales.html blogs] about the unanimous court ruling, effectively working towards that works that are in the public domain stay in the public domain. Also: [[http://cyberlaw.stanford.edu/case/golan-v-gonzales Stanford Center for Internet and Society]] 9/5/07

'''Pepsi Alerted Coca-Cola to Stolen-Coke-Secrets Offer''' In [http://www.foxnews.com/story/0,2933,202439,00.html this article], Fox News reports on an attempt to sell Pepsi some of Coke's trade secrets.

=August=
'''Unlocking the iPhone could invite DMCA suit'''
This [http://www.pcworld.com/article/id,136438-c,iphone/article.html link PC WORLD] article speaks about how some really intelligent hackers may get into trouble with AT&T and Apple. Apparently, reverse engineering and innovation is not always a good thing, especially when companies are making money for their hard work to keep an exclusive relationship.

'''Google Settles Trademark Suit'''
Google settled a suit brought by American Blind and Wallpaper Factory for their AdWords program. The theory of the suit was that Google was getting revenue from using trademarks owned by AB&WF. When someone would search for American Blind, google would display sponsored results, thereby making money off of their trade mark. The settlement ended up not being for money, but for a promise that Google wouldn't change AdWords policy to adversely affect AB&WF. You can view the story here: [http://www.nytimes.com/2007/09/01/technology/01settle.html?_r=1&ref=technology&oref=slogin New York Times] --Ben Snitkoff

'''Failure to adhere to Open Source License is not Copyright Breach'''
A [http://brownraysman.typepad.com/technology_law_update/2007/08/failure-to-adhe.html blog article] detailing Jacobsen v. Katzer. 8/27/07

[[Category: IP]]
[http://www.example.com link title]

IP: Questions

2007-09-21T23:17:15Z

Snitty: /* Question */ Added another count from the trial

IP: Questions

2007-09-18T15:05:27Z

Snitty: /* Question */ Added a note on the district court opinion

IP: Questions

2007-09-18T15:02:13Z

Snitty: /* Question */ fixed a spelling error

IP: Questions

2007-09-18T14:59:59Z

Snitty: Added a question on Harper and Trade Secret

Questions?

[[Category: IP]]

==Questions from Trade Secrets 1==
===Question 1===
In the ''Fortek'' case, if Metallurgical had gone bankrupt, how was the information still of value to it? On a related note, if a company goes out of business, what happens to its trade secrets - are the up for grabs, or do the heads of the company have the only rights to them? Thanks!

===Answer 1===
On page 38 of the text, quoting Ruckelshaus v. Monsanto, 467 U.S. 986, the book says, "A trade secret can form in the res of a trust, and it passes to the trustee in bankruptcy." Ruckelshaus at 1002-1004. So the trustee would have a claim against any misappropriation, even after the company went belly up. I assume it would raise some interesting issues as to what duty employees under confidentiality agreements have to the company in bankruptcy, as well as what interest the company has in protecting the secrets. There is also a strong public policy argument that if a company that has gone bankrupt does not do something with its trade secrets they should fall into the public domain. Afterall, information likes to be free. -- Ben Snitkoff

Thanks! Information likes to be free, but creditors and trustees in bankruptcy like to be paid. Might they litigate even more vigorously than the original company would have?

[Note that in Metallurgical, it was the defendants' former company that went bankrupt. Evidence that the trade secret wasn't worth much to them when they misappropriated it, or that the employees weren't loyal to anyone?]
[[User:WendySeltzer|WendySeltzer]] 10:56, 4 September 2007 (EDT)

==Questions from Copyright 1==
===Question===
'''What about dictionaries?''' The case of a dictionary seems like it falls between the Phonebook case, [[Feist]], and the Sweepstakes Case, [[Morrissey]]. There are only so many ways to define a word, so being able to copyright one definition would be unduly burdensome to other dictionary authors, and the definition of words are facts, and therefore not in and of themselves copyrightable. They are arranged in alphabetical order, so there is no creativity there. It seems like the definitions, and, in the case of the OED, the etymology, would not be copyrightable. Thoughts?

==Questions from Copyright 3==
===Question===
In [[Harper & Row]], why didn't plaintiff bring a misappropriation of trade secret claim too? There was a compilation of information (the manuscript) that derived independent value from its secrecy (specifically, at least the $12,500 that Time was willing to pay for it staying secret until they published excerpts), there were reasonable efforts to maintain security, and there was misappropriation. Does the fact that the secret is not related to manufacture or industry weaken the claim?

IP: Questions

2007-09-12T19:23:02Z

Snitty: Question, in re: dictionaries.

IP: News and Views

2007-09-11T11:30:36Z

Snitty: Added H 1908: Patent Reform Bill

What's new in IP-land?

=September=
'''House Passes Patent Reform Bill''' [http://www.patentlyo.com/patent/2007/09/patent-reform-2.html The Patent Law Blog] -- The Patent Law Blog has a good review of the provisions of the patent reform bill, H 1908. It's provisions include a transition to a first to file system, and an overhaul of the way courts should calculate damages. 9/11/07

'''Doctor Who Leaked Documents Will Pay $100,000 to Lilly''' [http://www.nytimes.com/2007/09/08/business/08lilly.html?_r=1&oref=slogin&ref=business&pagewanted=print NYT] -- Dr. Egilman received the documents as a litigation expert, then provided them to other sources including the New York Times. Is the NYT liable for trade secret misappropriation too?

'''Pharma Companies form Joint Venture''' â [http://www.nytimes.com/2007/09/07/business/07drug.html THe New York Times] is reporting that two companies, Isis Pharmaceuticals and Alnylam Pharmaceuticals have formed an equally owned joint venture, Regulus Pharmaceuticals. One of the driving forces behind the joint venture was to combine their IP, specifically, patents, in order to do research without fear of patent infringement. ([[User:Snitty|Snitty]] 08:20, 7 September 2007 (EDT))

'''Tech, drug companies battle over patent reform.'''
The [http://www.washingtonpost.com/wp-dyn/content/article/2007/09/03/AR2007090300426_pf.html Washington Post], reports on some of the lobbying around proposed [http://www.patentlyo.com/patent/2007/04/patent_reform_a.html Patent Reform] that Congress will consider on its return from recess. Look at the industry groups lined up on opposing sides. 9/3/07

'''Before Models Can Turn Around, Knockoffs Fly''' Fashion designers want IP protection for their designs. Should they get some? [http://www.nytimes.com/2007/09/04/us/04fashion.html?ref=fashion&pagewanted=all New York Times],
9/3/07

'''A big victory: Golan v. Gonzales''' Professor Larry Lessig [http://lessig.org/blog/2007/09/a_big_victory_golan_v_gonzales.html blogs] about the unanimous court ruling, effectively working towards that works that are in the public domain stay in the public domain. Also: [[http://cyberlaw.stanford.edu/case/golan-v-gonzales Stanford Center for Internet and Society]] 9/5/07

'''Pepsi Alerted Coca-Cola to Stolen-Coke-Secrets Offer''' In [http://www.foxnews.com/story/0,2933,202439,00.html this article], Fox News reports on an attempt to sell Pepsi some of Coke's trade secrets.

=August=
'''Unlocking the iPhone could invite DMCA suit'''
This [http://www.pcworld.com/article/id,136438-c,iphone/article.html link PC WORLD] article speaks about how some really intelligent hackers may get into trouble with AT&T and Apple. Apparently, reverse engineering and innovation is not always a good thing, especially when companies are making money for their hard work to keep an exclusive relationship.

'''Google Settles Trademark Suit'''
Google settled a suit brought by American Blind and Wallpaper Factory for their AdWords program. The theory of the suit was that Google was getting revenue from using trademarks owned by AB&WF. When someone would search for American Blind, google would display sponsored results, thereby making money off of their trade mark. The settlement ended up not being for money, but for a promise that Google wouldn't change AdWords policy to adversely affect AB&WF. You can view the story here: [http://www.nytimes.com/2007/09/01/technology/01settle.html?_r=1&ref=technology&oref=slogin New York Times] --Ben Snitkoff

'''Failure to adhere to Open Source License is not Copyright Breach'''
A [http://brownraysman.typepad.com/technology_law_update/2007/08/failure-to-adhe.html blog article] detailing Jacobsen v. Katzer. 8/27/07

[[Category: IP]]
[http://www.example.com link title]

IP: News and Views

2007-09-07T22:45:50Z

Snitty:

What's new in IP-land?

=September=
'''Pharma Companies form Joint Venture''' â [http://www.nytimes.com/2007/09/07/business/07drug.html THe New York Times] is reporting that two companies, Isis Pharmaceuticals and Alnylam Pharmaceuticals have formed an equally owned joint venture, Regulus Pharmaceuticals. One of the driving forces behind the joint venture was to combine their IP, specifically, patents, in order to do research without fear of patent infringement. ([[User:Snitty|Snitty]] 08:20, 7 September 2007 (EDT))

'''Tech, drug companies battle over patent reform.'''
The [http://www.washingtonpost.com/wp-dyn/content/article/2007/09/03/AR2007090300426_pf.html Washington Post], reports on some of the lobbying around proposed [http://www.patentlyo.com/patent/2007/04/patent_reform_a.html Patent Reform] that Congress will consider on its return from recess. Look at the industry groups lined up on opposing sides. 9/3/07

'''Before Models Can Turn Around, Knockoffs Fly''' Fashion designers want IP protection for their designs. Should they get some? [http://www.nytimes.com/2007/09/04/us/04fashion.html?ref=fashion&pagewanted=all New York Times],
9/3/07

'''A big victory: Golan v. Gonzales''' Professor Larry Lessig [http://lessig.org/blog/2007/09/a_big_victory_golan_v_gonzales.html blogs] about the unanimous court ruling, effectively working towards that works that are in the public domain stay in the public domain. Also: [[http://cyberlaw.stanford.edu/case/golan-v-gonzales Stanford Center for Internet and Society]] 9/5/07

'''Pepsi Alerted Coca-Cola to Stolen-Coke-Secrets Offer''' In [http://www.foxnews.com/story/0,2933,202439,00.html this article], Fox News reports on an attempt to sell Pepsi some of Coke's trade secrets.

=August=
'''Unlocking the iPhone could invite DMCA suit'''
This [http://www.pcworld.com/article/id,136438-c,iphone/article.html link PC WORLD] article speaks about how some really intelligent hackers may get into trouble with AT&T and Apple. Apparently, reverse engineering and innovation is not always a good thing, especially when companies are making money for their hard work to keep an exclusive relationship.

'''Google Settles Trademark Suit'''
Google settled a suit brought by American Blind and Wallpaper Factory for their AdWords program. The theory of the suit was that Google was getting revenue from using trademarks owned by AB&WF. When someone would search for American Blind, google would display sponsored results, thereby making money off of their trade mark. The settlement ended up not being for money, but for a promise that Google wouldn't change AdWords policy to adversely affect AB&WF. You can view the story here: [http://www.nytimes.com/2007/09/01/technology/01settle.html?_r=1&ref=technology&oref=slogin New York Times] --Ben Snitkoff

'''Failure to adhere to Open Source License is not Copyright Breach'''
A [http://brownraysman.typepad.com/technology_law_update/2007/08/failure-to-adhe.html blog article] detailing Jacobsen v. Katzer. 8/27/07

[[Category: IP]]
[http://www.example.com link title]

IP: News and Views

2007-09-07T12:20:44Z

Snitty: added pharma/patent story

What's new in IP-land?

=September=
'''Phara Companies form Joint Venture''' â [http://www.nytimes.com/2007/09/07/business/07drug.html THe New York Times] is reporting that two companies, Isis Pharmaceuticals and Alnylam Pharmaceuticals have formed an equally owned joint venture, Regulus Pharmaceuticals. One of the driving forces behind the joint venture was to combine their IP, specifically, patents, in order to do research without fear of patent infringement. ([[User:Snitty|Snitty]] 08:20, 7 September 2007 (EDT))

'''Tech, drug companies battle over patent reform.'''
The [http://www.washingtonpost.com/wp-dyn/content/article/2007/09/03/AR2007090300426_pf.html Washington Post], reports on some of the lobbying around proposed [http://www.patentlyo.com/patent/2007/04/patent_reform_a.html Patent Reform] that Congress will consider on its return from recess. Look at the industry groups lined up on opposing sides. 9/3/07

'''Before Models Can Turn Around, Knockoffs Fly''' Fashion designers want IP protection for their designs. Should they get some? [http://www.nytimes.com/2007/09/04/us/04fashion.html?ref=fashion&pagewanted=all New York Times],
9/3/07

'''A big victory: Golan v. Gonzales''' Professor Larry Lessig [http://lessig.org/blog/2007/09/a_big_victory_golan_v_gonzales.html blogs] about the unanimous court ruling, effectively working towards that works that are in the public domain stay in the public domain. Also: [[http://cyberlaw.stanford.edu/case/golan-v-gonzales Stanford Center for Internet and Society]] 9/5/07

'''Pepsi Alerted Coca-Cola to Stolen-Coke-Secrets Offer''' In [http://www.foxnews.com/story/0,2933,202439,00.html this article], Fox News reports on an attempt to sell Pepsi some of Coke's trade secrets.

=August=
'''Unlocking the iPhone could invite DMCA suit'''
This [http://www.pcworld.com/article/id,136438-c,iphone/article.html link PC WORLD] article speaks about how some really intelligent hackers may get into trouble with AT&T and Apple. Apparently, reverse engineering and innovation is not always a good thing, especially when companies are making money for their hard work to keep an exclusive relationship.

'''Google Settles Trademark Suit'''
Google settled a suit brought by American Blind and Wallpaper Factory for their AdWords program. The theory of the suit was that Google was getting revenue from using trademarks owned by AB&WF. When someone would search for American Blind, google would display sponsored results, thereby making money off of their trade mark. The settlement ended up not being for money, but for a promise that Google wouldn't change AdWords policy to adversely affect AB&WF. You can view the story here: [http://www.nytimes.com/2007/09/01/technology/01settle.html?_r=1&ref=technology&oref=slogin New York Times] --Ben Snitkoff

'''Failure to adhere to Open Source License is not Copyright Breach'''
A [http://brownraysman.typepad.com/technology_law_update/2007/08/failure-to-adhe.html blog article] detailing Jacobsen v. Katzer. 8/27/07

[[Category: IP]]
[http://www.example.com link title]

Talk:IP: News and Views

2007-09-07T12:15:23Z

Snitty:

Was the original format that articles went under the month in which we would discuss them, and not the month in which they were published?

User:Snitty

2007-09-05T11:03:04Z

Snitty:

Ben Snitkoff
Candidate for JD, 2009
Secretary, IP Society
Vice President, ACS
Treasurer, ACLU

email, snitkoff dot b at neu dot edu

IP: News and Views

2007-09-04T15:28:16Z

Snitty: Reformatted to make consistent with the rest of the page.

What's new in IP-land?

=September=
'''Tech, drug companies battle over patent reform.'''
The [http://www.washingtonpost.com/wp-dyn/content/article/2007/09/03/AR2007090300426_pf.html Washington Post], reports on some of the lobbying around proposed [http://www.patentlyo.com/patent/2007/04/patent_reform_a.html Patent Reform] that Congress will consider on its return from recess. Look at the industry groups lined up on opposing sides. 9/3/07

'''Before Models Can Turn Around, Knockoffs Fly''' Fashion designers want IP protection for their designs. Should they get some? [http://www.nytimes.com/2007/09/04/us/04fashion.html?ref=fashion&pagewanted=all New York Times],
9/3/07

=October=

'''Google Settles Trademark Suit'''
Google settled a suit brought by American Blind and Wallpaper Factory for their AdWords program. The theory of the suit was that Google was getting revenue from using trademarks owned by AB&WF. When someone would search for American Blind, google would display sponsored results, thereby making money off of their trade mark. The settlement ended up not being for money, but for a promise that Google wouldn't change AdWords policy to adversely affect AB&WF. You can view the story here: [http://www.nytimes.com/2007/09/01/technology/01settle.html?_r=1&ref=technology&oref=slogin New York Times] --Ben Snitkoff

[[Category: IP]]

IP: Questions

2007-09-04T14:37:40Z

Snitty: more formatting

IP: Questions

2007-09-04T14:36:51Z

Snitty: Answered a Question, and started some formatting.

Questions?

[[Category: IP]]

==Questions from Trade Secrets 1==
In the ''Fortek'' case, if Metallurgical had gone bankrupt, how was the information still of value to it? On a related note, if a company goes out of business, what happens to its trade secrets - are the up for grabs, or do the heads of the company have the only rights to them? Thanks!

On page 38 of the text, quoting Ruckelshaus v. Monsanto, 467 U.S. 986, the book says, "A trade secret can form in the res of a trust, and it passes to the trustee in bankruptcy." Ruckelshaus at 1002-1004. So the trustee would have a claim against any misappropriation, even after the company went belly up. I assume it would raise some interesting issues as to what duty employees under confidentiality agreements have to the company in bankruptcy, as well as what interest the company has in protecting the secrets. There is also a strong public policy argument that if a company that has gone bankrupt does not do something with its trade secrets they should fall into the public domain. Afterall, information likes to be free. -- Ben Snitkoff

==Questions from Trade Secrets 2==

IP: News and Views

2007-09-02T18:05:27Z

Snitty: Added Google Story from 8/31

What's new in IP-land?

==Google Settles Trademark Suit -- 8/31/07 ==
Google settled a suit brought by American Blind and Wallpaper Factory for their AdWords program. The theory of the suit was that Google was getting revenue from using trademarks owned by AB&WF. When someone would search for American Blind, google would display sponsored results, thereby making money off of their trade mark. The settlement ended up not being for money, but for a promise that Google wouldn't change AdWords policy to adversely affect AB&WF. You can view the story here: [[http://www.nytimes.com/2007/09/01/technology/01settle.html?_r=1&ref=technology&oref=slogin]] --Ben Snitkoff

[[Category: IP]]