SeltzerWiki - User contributions [en]

Wiki Contributions

2013-08-27T13:45:57Z

WendySeltzer: Reverted edits by James (talk) to last revision by WendySeltzer

Meredith McBride
http://en.wikipedia.org/wiki/Federal_Communications_Commission#Criticisms
Added a paragraph regarding NBC and Saturday Night Live's recent decision to post an uncensored version of a skit on the internet, in part in crticism and response to the FCC who has no jurisdiction over the internet.

Jonathan Senker
http://en.wikipedia.org/wiki/Uniform_Domain-Name_Dispute-Resolution_Policy
Revised and added material to page, including a link to the Madonna case.

Stefanie Shaffer
http://en.wikipedia.org/wiki/2006_transatlantic_aircraft_plot
Added a paragraph regarding the New York Times' use of targeted-advertising software as a means of conforming to stricter British laws for Internet transmission of its news.

Natan Edelman
http://en.wikipedia.org/wiki/Personal_jurisdiction_%28United_States%29
Added in a summary of personal jurisdiction on the Internet.

Elliot Sohayegh
http://en.wikipedia.org/wiki/Talk:MySpace#Copyright
Added the past paragraph in Copyright Talk about Comedy Central's solution to copyright infringement problems.

Kimberly Hertz
http://en.wikipedia.org/wiki/GeoCities
Added the link about litigation at the bottom of the page.

Nicole Zerillo
http://en.wikipedia.org/wiki/DontDateHimGirl.com
Added the sections on litigation and potential legal liability. Check out the struggle for editorial power, which underlies the efficacy and moral reprehensibility of the site.

Elizabeth Gonsiorowski
http://en.wikipedia.org/wiki/Terri_Welles
Changed the page from stating that the case was dismissed because it was fair use to saying that she sucessfully used a nominative use defense.

Gara Marinoff
http://en.wikipedia.org/wiki/Talk:MySpace#Copyright
Added the last paragraph in Copyright Talk regarding the Gracenote technology MySpace has announced to use.

Michael Murav
http://en.wikipedia.org/wiki/Online_Copyright_Infringement_Liability_Limitation_Act#512.28h.29_Identify_infringers
Added to the second to last paragraph under "512(h) Identify Infringers" information regarding RIAA member labels turning to "Doe" lawsuits.

Mara Hsiung
http://en.wikipedia.org/wiki/Electronic_Communications_Privacy_Act
Added a sentence about ECPA Title III on use of pen registers and trap/trace devices.

Meghan Hast
http://en.wikipedia.org/wiki/Grokster#The_history_of_the_case_in_the_U.S._Courts
Updated case history to include final summary judgment decision by the district court.

Arielle Frost
http://en.wikipedia.org/wiki/Web_scraping#See_also
Added the note on lawsuits involving scrapers and robots.

Dana Fetner
http://en.wikipedia.org/wiki/Domain_name
Corrected "Anti-Cybersquatting Consumer Protection Act" to Anticybersquatting Consumer Protection Act and linked to the existing Anticybersquatting Consumer Protection Act page

Brenda Kong
http://en.wikipedia.org/wiki/Chan_Nai-ming
Added to an article about a Hong Kong case involving BitTorrent copyright law violation.

Traci Strickland
http://en.wikipedia.org/w/index.php?title=Internet_Freedom_and_Nondiscrimination_Act_of_2006&oldid=91119995
Created page

Tamar Anolic
http://en.wikipedia.org/wiki/Copyright#United_States_copyright_law
Added the paragraph starting with "Intellectual property law" onward. Added to the article's first sentence that the constitutional clause in question is also called the Intellectual Property Clause.

Michael Calcagni
http://en.wikipedia.org/wiki/Peer-to-peer#Legal_controversy
Under 'Legal Controversy', added a paragraph talking about A&M Records v Napster, and vicarious and contributory liability

Alina Kaganovsky
http://en.wikipedia.org/wiki/Spam_%28electronic%29
Under 'History,' added to Hormel Foods v Spam Arrest paragraph specifing dilution claim and responses on on behalf of Spam Arrest as well as Hormel.

Jane Andersen
http://en.wikipedia.org/wiki/Fair_use#Amount_and_substantiality
Added the sentance about Kelly v. Arriba.

Erin Rump
http://en.wikipedia.org/wiki/Slander_and_libel#United_States_law
Added the paragraph beginning with Oakmont v Prodigy, including CDA Section 230 and Zeran's application of it.

Matthew Haicken
http://en.wikipedia.org/wiki/Peer-to-peer#Legal_controversy
Added a paragraph clarifying the holding of "A&M records v. Napster."

John Merchant
http://en.wikipedia.org/wiki/Typosquatting#Typosquatting_and_the_law
Added "Free speech, not unfair competition" under Typosquatting and the law

Laura Cohen
http://en.wikipedia.org/wiki/Geocities
Added the bottom 3 paragraphs under Litigation explaining the case

Robert English
http://en.wikipedia.org/wiki/Trademark_dilution
Added notes following cybersquatting link about Panavision and trademark dilution with respect to domain names.

Katharine Stahnke
http://en.wikipedia.org/wiki/Network_neutrality#Lists_of_articles
Under 'List of Articles' added link to 'A Third Way on Network Neutrality'
http://en.wikipedia.org/wiki/Network_neutrality_in_the_US#Advocates_and_opponents
Added comment about U.S. falling behind in broadband penetration and 2 links to relevant articles

Jordan Thompson
http://en.wikipedia.org/wiki/Napster#Legal_challenges
Added the final paragraph under Legal challenges about the A&M v. Napster case and the courts ruling.

Jean Wen
http://en.wikipedia.org/wiki/Directive_95/46/EC_on_the_protection_of_personal_data#Context
Added background history about the EU Data Privacy Directive and how it differs in approach from the US. In the section titled "Context" I added, starting from the second paragraph ("In order to Understand the Directive.."), to the second to last paragraph (4 paragraphs total) . I also added my footnotes in a new section I created called "Notes" where I put in footnotes 1-14.

Adam Piorkowski
http://en.wikipedia.org/wiki/Fair_use#Fair_use_on_the_Internet
Added an elaboration on the court's analysis in "Kelly v. Ariba"

William Yoon
http://en.wikipedia.org/w/index.php?title=MAI_Systems_Corp._v._Peak_Computer,_Inc.&oldid=95496659
Added a sentence clarifying the court's determination on programs in RAM as copyright violations.

Lucrecia Ponce
http://en.wikipedia.org/w/index.php?title=Trademark_dilution&oldid=95594320
Added a short summary of the Trademark Dilution Revision Act under "See Also."

Martial Toussaint
http://en.wikipedia.org/wiki/Typosquatting#Free_speech.2C_not_unfair_competition
Added two last paragraphs under '''Free Speech, Not Unfair Competition'''.

Chad Baum
http://en.wikipedia.org/wiki/Domain_name
Added information about the UDRP as an alternative to litigation and linked to the UDRP main article.

Samuel Lo
http://en.wikipedia.org/w/index.php?title=Convention_on_Cybercrime&oldid=96029277
Added a paragraph discussing one of the difficulties faced in the realization of an international framework for cyber crimes.

Hakan KoÃ§
http://de.wikipedia.org/wiki/Bucerius_Law_School
Modified the payment details (Finanzierung) about scholarships and finance models.

Main Page

2012-12-08T18:15:14Z

WendySeltzer: Protected "Main Page" ([edit=sysop] (indefinite) [move=sysop] (indefinite)) [cascading]

Wiki.

See https://www.chillingeffects.org/

Talk:Main Page

2012-12-08T18:14:56Z

WendySeltzer: Protected "Talk:Main Page" ([edit=sysop] (indefinite) [move=sysop] (indefinite))

Main Page

2012-06-19T11:42:26Z

WendySeltzer: Created page with "Wiki. See https://www.chillingeffects.org/ and http://wendy.seltzer.org/"

Wiki.

See https://www.chillingeffects.org/
and http://wendy.seltzer.org/

Talk:Courses Main Page

2012-06-19T11:41:06Z

WendySeltzer: moved Talk:Main Page to Talk:Courses Main Page: spam

Courses Main Page

2012-06-19T11:41:06Z

WendySeltzer: moved Main Page to Courses Main Page: spam

Courses Main Page

2012-06-19T11:40:13Z

WendySeltzer: Changed protection level for "Main Page": Excessive spamming ([edit=sysop] (indefinite) [move=sysop] (indefinite)) [cascading]

Courses Main Page

2012-06-19T11:39:32Z

WendySeltzer: Reverted edits by Anistonj (talk) to last revision by WendySeltzer

IP: News and Views

2010-08-19T03:00:07Z

WendySeltzer: Reverted edits by Demver5 (Talk) to last version by WendySeltzer

What's new in IP-land?
=November=

'''Tiffany v. eBay set to Begin''' The suit was originally filed in 2004 when Tiffany sued eBay over trademark infringement for allowing counterfeit items to be sold on it's auction site. eBay argues back that they already have anti-counterfeit policing policies and a program called VeRO to help rights owners prevent the sale of counterfeit goods. Tiffany's rebuts that these implementations are less effective and more costly than it would be for eBay to police their site. Also noted, the plaintiffs believe at least 95% of the goods going through eBay are fake. [http://www.washingtonpost.com/wp-dyn/content/article/2007/11/13/AR2007111300140.html WaPO] [http://online.wsj.com/public/resources/documents/WSJ-Amended_Compaint071113.pdf Complaint] [http://online.wsj.com/public/resources/documents/WSJ-lawAnswer071113.pdf Answer]--[[User:DOBrien|DOBrien]] 11:58, 14 November 2007 (EST)

'''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) 
[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

2010-07-26T09:39:27Z

WendySeltzer: Reverted edits by Jheena789 (Talk) to last version by WendySeltzer

IP: News and Views

2010-06-14T22:24:48Z

WendySeltzer: Reverted edits by Vsimon213 (Talk) to last version by WendySeltzer

AU: Intellectual Property

2009-01-12T07:34:41Z

WendySeltzer:

Intellectual Property: Spring 2009

== Reference ==

*[http://www.law.upenn.edu/bll/archives/ulc/fnact99/1980s/utsa85.htm Uniform Trade Secrets Act]
*[http://www4.law.cornell.edu/uscode/17/ Copyrights, 17 U.S.C.]
*[http://www4.law.cornell.edu/uscode/35/ Patents, 35 U.S.C.]
*[http://www4.law.cornell.edu/uscode/15/usc_sup_01_15_10_22.html Trademarks, 15 U.S.C. Chapter 22]

== Syllabus ==
American University Washington College of Law
Professor Wendy Seltzer, email wseltzer@wcl.american.edu
Practitioner in Residence, American University Washington College of Law
Fellow, Berkman Center for Internet & Society at Harvard Law School
Office: Room 357
Office hours: After class (4:30-5:30 M,W) or by appointment.
Telephone: (202) 274-4178
Feel free to call or email me at any (reasonable) time.

Class: Monday and Wednesday, 3:00-4:20 p.m., Room 103
Website: <http://wendy.seltzer.org/au/IP/>
Important Course Information
Attendance and participation: Intellectual Property meets on Mondays and Wednesdays, 3:00 â 4:20 p.m. You are expected to attend each class prepared to discuss the assigned reading. Engaged participation will help you to retain class material; excellent participation can also boost your grade.
Website: The website will provide updates to the syllabus, <http://wendy.seltzer.org/au/IP/syllabus.html>, and additional readings, indicated by (web) in the printed syllabus. In case of questions, the online version of the syllabus is authoritative.
Examination: The course will culminate in an open-book final exam, which will ask you to draw on course readings and discussion to respond to hypothetical situations. You may use your notes, casebooks, and any material you have prepared in advance of the exam. You will not have Internet access during the exam.
Required Casebook: Merges, Menell & Lemley, Intellectual Property in the New Technological Age, Revised Fourth Edition (Aspen, 2006) (âMMLâ). Reading assignments will give page ranges, in which you should focus on the cases listed and the explanatory text. You need not prepare answers to the casebookâs extensive problems, comments and questions, although we may discuss them in class.

We will make frequent reference to federal statutes. You may find these online (e.g., <http://www4.law.cornell.edu/uscode/>) or in the casebook's 2008 statutory supplement. Naturally, you need not memorize statutes, but you should be able to find the relevant language to apply to cases and hypothetical situations (and will probably want to bring printed copies to the exam).

Syllabus

January 12, 2009
1)Introduction.

January 14, 2009
2)Philosophical perspectives on intellectual property and overview.
MML pp. 1-24
Think about what you've heard referred to as âintellectual propertyâ: What justifies protecting it by limiting its availability to others?

NO CLASS Monday, January 19, MLK Birthday

January 21, 2009
3)Trade Secret 1: Subject matter of trade secret; Misappropriation
MML pp. 33-66
Metallurgical Industries v. Fourtek
Rockwell Graphics Systems v. DEV Industries
E.I. du Pont de Nemours & Co. v. Rolfe Christopher

January 26, 2007
4)Trade Secret 2: Misappropriation; Defenses;
MML pp. 67-100
Smith v. Dravo Corp.
Kadant, Inc. v. Seeley Machines

January 28, 2007
5)Trade Secret 3: Non-compete agreements

Wexler v. Greenberg

February 2, 2009
6)Copyright 1: Requirements
MML pp. 383-410
17 U.S.C. Â§Â§ 101, 102
Feist Publications v. Rural Telephone Service

February 4, 2009
7)Copyright 2: Subject matter
MML pp. 411-431
17 U.S.C. Â§Â§ 101, 102
Baker v. Selden
Morrisey v. Procter & Gamble
Brandir Intâl v. Cascade Pacific Lumber Co.

February 9, 2009
8)Copyright 3: Scope of rights; Ownership;
MML pp. 420-446, 458-474
17 U.S.C. Â§Â§ 106, 201
CCNV v. Reid
Aalmuhammed v. Lee
Arnstein v. Porter
Nichols v. Universal Pictures Corp.

February 11, 2009
9)Copyright 4: Infringement

February 16, 2009
10)Copyright 5: Infringement (contâd); Defenses
MML pp. 474-496, 506-553
17 U.S.C. Â§Â§ 106, 107, 109
Steinberg v. Columbia Pictures Industries
Anderson v. Stallone
Harper & Row Publishers v. Nation Enterprises
American Geophysical Union v. Texaco
Campbell v. Acuff-Rose Music

February 18, 2009
11)Copyright 6: Fair Use Defenses (cont'd); Secondary Liability
MML pp. 553-563, 593-598
Harper & Row Publishers v. Nation Enterprises
American Geophysical Union v. Texaco
Campbell v. Acuff-Rose Music
Sony Corp. v. Universal City Studios
Kelly v. Arriba Soft

February 23, 2009
12)Copyright 7: Copyright in the Digital Millennium
MML pp. 564-593; CreativeCommons.org
MGM v. Grokster

February 25, 2009
13)Patent 1: Patentable subject matter
MML pp. 117-164
35 U.S.C. Â§Â§ 101-103
Diamond v. Chakrabarty
Parke-Davis & Co. v. H.K. Mulford Co.
State Street Bank & Trust v. Signature Financial Services (MML pp. 1047-1051)

March 2, 2009
14)Patent 2: Utility, Enablement
MML pp. 144-185
35 U.S.C. Â§Â§ 101, 112
Brenner v. Manson
In re Fisher
Incandescent Lamp Patent
Gentry Gallery v. Berkline Corp.

March 4, 2009
15)Patent 3: Novelty
MML pp. 185-215, 215-238
Rosaire v. National Lead Co.
In re Hall
Egbert v. Lippmann
City of Elizabeth v. Pavement Co.

March 18, 2009
16)Patent 4: Nonobviousness
35 U.S.C. Â§Â§ 102, 103
Griffith v. Kanamaru
Graham v. John Deere Co.
In re Vacek
In re Dembiczak

March 23, 2009
17)Patent 5: Infringement, literal and by equivalents
MML pp. 239-300
35 U.S.C. Â§ 271
Phillips v. AWH Corp.
Larami Corp. v. Amron
Warner-Jenkinson Co. v. Hilton-Davis Chem. Co.
Festo Corp. v. Shoketsu Kinsoku Kogyo Kabushik Co.
Johnson & Johnson Assocs. v. R.E. Service Co.

March 25, 2009
18)Patent 6: Infringement (cont'd); Defenses
MML pp. 300-330
C.R. Bard v. Advanced Cardiovascular Systems
Kingsdown Medical Consultants v. Hollister
Motion Picture Patents Co. v. Universal Film Manufacturing Co.
eBay v. MercExchange; KSR v. Teleflex (web)
In re: Bilski (web)

March 30, 2009
19)Patent 7: More
MML pp. 617-660
15 U.S.C. Â§Â§ 1125, 1127
stuff

April 1, 2009
20)Trademark 1, 2: Subject matter and requirements
MML pp. 617-660
15 U.S.C. Â§Â§ 1125, 1127
Qualitex Co. v. Jacobson Products Co.
Zatarains v. Oak Grove Smokehouse
Two Pesos v. Taco Cabana
Wal-Mart Stores v. Samara Brothers

April 6, 2009
21)Trademark 2: Subject matter

April 8, 2009
22)Trademark 3: Establishing a mark
MML pp. 660-699
15 U.S.C. Â§ 1052
Zasu Designers v. LâOreal S.A.
In re Nantucket, Inc.
Park âN Fly, Inc. v. Dollar Park and Fly, Inc.

April 13, 2009
23)Trademark 4: Infringement
MML pp. 699-736
15 U.S.C Â§Â§ 1114-1117
1-800 Contacts v. WhenU.com
AMF Inc. v. Sleekcraft Boats
Moseley v. V Secret Catalogue, Inc.

April 15, 2009
24)Trademark 5: Defenses
MML pp. 769-813
The Murphy Door Bed Co. v. Interior Sleeps Systems, Inc.
TrafFix Devices, Inc. v. Marketing Displays, Inc.
Major League Baseball Properties v. Sed Non Olet Denarius, Ltd.
Dawn Donut Co., Inc. v. Hartâs Food Stores, Inc.
Mattel, Inc. v. MCA Records

April 20, 2009
25)Trademark 6: Domain names and trademark
MML pp. 741-760, UDRP (web)
Shields v. Zuccarini
People for the Ethical Treatment of Animals v. Doughney
ICANNâs Uniform Domain-Name Dispute Resolution Procedure (UDRP) (web)

April 22, 2009
26)State Law Claims: Misappropriation; Publicity
MML pp. 835-848, 883-914
INS v. AP
Midler v. Ford Motor Co.
White v. Samsung
Comedy III Productions v. Saderup

April 27, 2009
27)Wrapping up
No new materials at this time.

AU: Intellectual Property

2009-01-12T07:07:06Z

WendySeltzer: New page: Intellectual Property: Spring 2009 American University Washington College of Law Professor Wendy Seltzer, email wseltzer@wcl.american.edu Practitioner in Residence, American University Was...

Intellectual Property: Spring 2009
American University Washington College of Law
Professor Wendy Seltzer, email wseltzer@wcl.american.edu
Practitioner in Residence, American University Washington College of Law
Fellow, Berkman Center for Internet & Society at Harvard Law School
Office: Room 357
Office hours: After class (4:30-5:30 M,W) or by appointment.
Telephone: (202) 274-4178
Feel free to call or email me at any (reasonable) time.

Class: Monday and Wednesday, 3:00-4:20 p.m., Room 103
Website: <http://wendy.seltzer.org/au/IP/>
Wiki: <http://cyber.law.harvard.edu/wseltzer/IP>
Important Course Information
Attendance and participation: Intellectual Property meets on Mondays and Wednesdays, 3:00 â 4:20 p.m. You are expected to attend each class prepared to discuss the assigned reading. Engaged participation will help you to retain class material; excellent participation can also boost your grade.
Website: The website will provide updates to the syllabus, <http://wendy.seltzer.org/au/IP/syllabus.html>, and additional readings, indicated by (web) in the printed syllabus. In case of questions, the online version of the syllabus is authoritative.
Examination: The course will culminate in an open-book final exam, which will ask you to draw on course readings and discussion to respond to hypothetical situations. You may use your notes, casebooks, and any material you have prepared in advance of the exam. You will not have Internet access during the exam.
Required Casebook: Merges, Menell & Lemley, Intellectual Property in the New Technological Age, Revised Fourth Edition (Aspen, 2006) (âMMLâ). Reading assignments will give page ranges, in which you should focus on the cases listed and the explanatory text. You need not prepare answers to the casebookâs extensive problems, comments and questions, although we may discuss them in class.

We will make frequent reference to federal statutes. You may find these online (e.g., <http://www4.law.cornell.edu/uscode/>) or in the casebook's 2008 statutory supplement. Naturally, you need not memorize statutes, but you should be able to find the relevant language to apply to cases and hypothetical situations (and will probably want to bring printed copies to the exam).

Syllabus

January 12, 2009
1)Introduction.

January 14, 2009
2)Philosophical perspectives on intellectual property and overview.
MML pp. 1-24
Think about what you've heard referred to as âintellectual propertyâ: What justifies protecting it by limiting its availability to others?

NO CLASS Monday, January 19, MLK Birthday

January 21, 2009
3)Trade Secret 1: Subject matter of trade secret; Misappropriation
MML pp. 33-66
Metallurgical Industries v. Fourtek
Rockwell Graphics Systems v. DEV Industries
E.I. du Pont de Nemours & Co. v. Rolfe Christopher

January 26, 2007
4)Trade Secret 2: Misappropriation; Defenses;
MML pp. 67-100
Smith v. Dravo Corp.
Kadant, Inc. v. Seeley Machines

January 28, 2007
5)Trade Secret 3: Non-compete agreements

Wexler v. Greenberg

February 2, 2009
6)Copyright 1: Requirements
MML pp. 383-410
17 U.S.C. Â§Â§ 101, 102
Feist Publications v. Rural Telephone Service

February 4, 2009
7)Copyright 2: Subject matter
MML pp. 411-431
17 U.S.C. Â§Â§ 101, 102
Baker v. Selden
Morrisey v. Procter & Gamble
Brandir Intâl v. Cascade Pacific Lumber Co.

February 9, 2009
8)Copyright 3: Scope of rights; Ownership;
MML pp. 420-446, 458-474
17 U.S.C. Â§Â§ 106, 201
CCNV v. Reid
Aalmuhammed v. Lee
Arnstein v. Porter
Nichols v. Universal Pictures Corp.

February 11, 2009
9)Copyright 4: Infringement

February 16, 2009
10)Copyright 5: Infringement (contâd); Defenses
MML pp. 474-496, 506-553
17 U.S.C. Â§Â§ 106, 107, 109
Steinberg v. Columbia Pictures Industries
Anderson v. Stallone
Harper & Row Publishers v. Nation Enterprises
American Geophysical Union v. Texaco
Campbell v. Acuff-Rose Music

February 18, 2009
11)Copyright 6: Fair Use Defenses (cont'd); Secondary Liability
MML pp. 553-563, 593-598
Harper & Row Publishers v. Nation Enterprises
American Geophysical Union v. Texaco
Campbell v. Acuff-Rose Music
Sony Corp. v. Universal City Studios
Kelly v. Arriba Soft

February 23, 2009
12)Copyright 7: Copyright in the Digital Millennium
MML pp. 564-593; CreativeCommons.org
MGM v. Grokster

February 25, 2009
13)Patent 1: Patentable subject matter
MML pp. 117-164
35 U.S.C. Â§Â§ 101-103
Diamond v. Chakrabarty
Parke-Davis & Co. v. H.K. Mulford Co.
State Street Bank & Trust v. Signature Financial Services (MML pp. 1047-1051)

March 2, 2009
14)Patent 2: Utility, Enablement
MML pp. 144-185
35 U.S.C. Â§Â§ 101, 112
Brenner v. Manson
In re Fisher
Incandescent Lamp Patent
Gentry Gallery v. Berkline Corp.

March 4, 2009
15)Patent 3: Novelty
MML pp. 185-215, 215-238
Rosaire v. National Lead Co.
In re Hall
Egbert v. Lippmann
City of Elizabeth v. Pavement Co.

March 18, 2009
16)Patent 4: Nonobviousness
35 U.S.C. Â§Â§ 102, 103
Griffith v. Kanamaru
Graham v. John Deere Co.
In re Vacek
In re Dembiczak

March 23, 2009
17)Patent 5: Infringement, literal and by equivalents
MML pp. 239-300
35 U.S.C. Â§ 271
Phillips v. AWH Corp.
Larami Corp. v. Amron
Warner-Jenkinson Co. v. Hilton-Davis Chem. Co.
Festo Corp. v. Shoketsu Kinsoku Kogyo Kabushik Co.
Johnson & Johnson Assocs. v. R.E. Service Co.

March 25, 2009
18)Patent 6: Infringement (cont'd); Defenses
MML pp. 300-330
C.R. Bard v. Advanced Cardiovascular Systems
Kingsdown Medical Consultants v. Hollister
Motion Picture Patents Co. v. Universal Film Manufacturing Co.
eBay v. MercExchange; KSR v. Teleflex (web)
In re: Bilski (web)

March 30, 2009
19)Patent 7: More
MML pp. 617-660
15 U.S.C. Â§Â§ 1125, 1127
stuff

April 1, 2009
20)Trademark 1, 2: Subject matter and requirements
MML pp. 617-660
15 U.S.C. Â§Â§ 1125, 1127
Qualitex Co. v. Jacobson Products Co.
Zatarains v. Oak Grove Smokehouse
Two Pesos v. Taco Cabana
Wal-Mart Stores v. Samara Brothers

April 6, 2009
21)Trademark 2: Subject matter

April 8, 2009
22)Trademark 3: Establishing a mark
MML pp. 660-699
15 U.S.C. Â§ 1052
Zasu Designers v. LâOreal S.A.
In re Nantucket, Inc.
Park âN Fly, Inc. v. Dollar Park and Fly, Inc.

April 13, 2009
23)Trademark 4: Infringement
MML pp. 699-736
15 U.S.C Â§Â§ 1114-1117
1-800 Contacts v. WhenU.com
AMF Inc. v. Sleekcraft Boats
Moseley v. V Secret Catalogue, Inc.

April 15, 2009
24)Trademark 5: Defenses
MML pp. 769-813
The Murphy Door Bed Co. v. Interior Sleeps Systems, Inc.
TrafFix Devices, Inc. v. Marketing Displays, Inc.
Major League Baseball Properties v. Sed Non Olet Denarius, Ltd.
Dawn Donut Co., Inc. v. Hartâs Food Stores, Inc.
Mattel, Inc. v. MCA Records

April 20, 2009
25)Trademark 6: Domain names and trademark
MML pp. 741-760, UDRP (web)
Shields v. Zuccarini
People for the Ethical Treatment of Animals v. Doughney
ICANNâs Uniform Domain-Name Dispute Resolution Procedure (UDRP) (web)

April 22, 2009
26)State Law Claims: Misappropriation; Publicity
MML pp. 835-848, 883-914
INS v. AP
Midler v. Ford Motor Co.
White v. Samsung
Comedy III Productions v. Saderup

April 27, 2009
27)Wrapping up
No new materials at this time.

Courses Main Page

2009-01-12T07:04:56Z

WendySeltzer: /* Old pages */

Courses Main Page

2009-01-12T07:04:17Z

WendySeltzer: /* Current Courses */

<big>'''The Wiki for Wendy Seltzer's Law School Courses'''</big>

This is _your_ wiki. Use it to add links to sites you find interesting, definitions of confusing terms, news you want to bring to classmates' attention, etc.

=Current Courses=
*[[AU: Intellectual Property]]
*[[AU: Information Privacy]]

=Old pages=
* Northeastern, Fall 2007 [[Intellectual Property]] Wiki home
** [http://wendy.seltzer.org/neu/IP/ Intellectual Property homepage]
** Seminar: [[IP and Technology Regulation]]
** [[ilaw|Software and Internet Law]]
** [[Antitrust]]

*[[Copyright Law]] Wiki home
**[http://wendy.seltzer.org/brooklaw/07copyright/ Copyright Law Homepage]

*[[Information Privacy]] Wiki home
**[http://wendy.seltzer.org/brooklaw/07privacy/ Information Privacy Homepage]

*[[Internet Law]] (Fall 06)

[[Useful Links]], Reference

Courses Main Page

2009-01-12T07:03:59Z

WendySeltzer:

<big>'''The Wiki for Wendy Seltzer's Law School Courses'''</big>

This is _your_ wiki. Use it to add links to sites you find interesting, definitions of confusing terms, news you want to bring to classmates' attention, etc.

=Current Courses=
*[AU: Intellectual Property]
*[AU: Information Privacy]

=Old pages=
* Northeastern, Fall 2007 [[Intellectual Property]] Wiki home
** [http://wendy.seltzer.org/neu/IP/ Intellectual Property homepage]
** Seminar: [[IP and Technology Regulation]]
** [[ilaw|Software and Internet Law]]
** [[Antitrust]]

*[[Copyright Law]] Wiki home
**[http://wendy.seltzer.org/brooklaw/07copyright/ Copyright Law Homepage]

*[[Information Privacy]] Wiki home
**[http://wendy.seltzer.org/brooklaw/07privacy/ Information Privacy Homepage]

*[[Internet Law]] (Fall 06)

[[Useful Links]], Reference

Ilaw: News and Views

2009-01-12T07:00:35Z

WendySeltzer: Reverted edits by 92.48.122.144 (Talk) to last version by Dominik

==July==

For those interested in continuing sharing news and views, I've put up a small social news site here: [[http://ilaw.slinkset.com/|http://ilaw.slinkset.com/]] [[User:Dominik|Dominik]] 16:02, 15 July 2008 (EDT)

==May==

'''Does Blizzard's Attempt to Kill Bots Run Afoul of Copyright law?''' ArsTechnica talks about [http://arstechnica.com/news.ars/post/20080507-blizzard-attempt-to-kill-wow-bot-bad-news-for-copyright-law.html a suit] brought to keep people from using bots. The question is can a EULA take away your right to make a copy of the program into RAM that is essential to its use (Â§ 117).

'''Rumors of New Comcast Bandwidth Limits''' -- Rumors around the net from supposedly internal sources at Comcast indicate the ISP may be considering a new bandwidth limit around 250GB per month and charging extra for additional usage. Comcast has always been somewhat ambiguous on their current bandwidth limits per customer, some people estimate it to be around 400-500GB range. Nonetheless, many people believe that a new bandwidth limit reflects Comcast's opposition to heavy P2P usage, streaming music and video. [http://arstechnica.com/news.ars/post/20080507-comcast-mulling-metered-access-250gb-monthly-bandwidth-caps.html Article]--[[User:DOBrien|DOBrien]] 10:37, 7 May 2008 (EDT)

'''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.

'''FYI: Tech Podcast from The World & BBC''' 
I have found this to be a great source of interesting information this quarter. 
[http://www.theworld.org/rss/tech.xml Tech News Podcast From PRI's the World and BBC] 
Up this week: WTP 193: Global Online Freedom Act, OLPC Update, Afrigadget, and Rise and Shine. 
This week's 'cast takes a look at a new bill making its way through the US Congress called The Global Online Freedom Act. Then, another update on the One Laptop Per Child project. Also, the latest Afrigadget segment, followed by a look at an online outfit that turns the news into music, and fast. Finally, the Old Bailey gets grisly online. --[[User:Bkinloch|Bkinloch]] 11:36, 7 May 2008 (EDT)

==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

===May 4===
* http://www.stopbadware.org/home/review?reviewid=780722
* http://alipr.com/captcha/
* http://www.net.berkeley.edu/cgi-bin/traceroute?www.slaw.neu.edu

===May 7===
* http://youtube.com/watch?v=BB2Xnu9xQVU
* http://www.washingtonpost.com/wp-dyn/content/article/2007/10/19/AR2007101900842.html
* http://www.news.com/8301-10784_3-9937153-7.html
* http://www.nytimes.com/2008/02/26/technology/26fcc.html
* http://en.wikipedia.org/wiki/Image:Ethereal_ip_header.png
* http://www.comsci.us/datacom/tcppacket.html

===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

2008-05-07T15:08:10Z

WendySeltzer: /* May 4 */

==May==

'''Rumors of New Comcast Bandwidth Limits''' -- Rumors around the net from supposedly internal sources at Comcast indicate the ISP may be considering a new bandwidth limit around 250GB per month and charging extra for additional usage. Comcast has always been somewhat ambiguous on their current bandwidth limits per customer, some people estimate it to be around 400-500GB range. Nonetheless, many people believe that a new bandwidth limit reflects Comcast's opposition to heavy P2P usage, streaming music and video. [http://arstechnica.com/news.ars/post/20080507-comcast-mulling-metered-access-250gb-monthly-bandwidth-caps.html Article]--[[User:DOBrien|DOBrien]] 10:37, 7 May 2008 (EDT)

'''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

===May 4===
* http://www.stopbadware.org/home/review?reviewid=780722
* http://alipr.com/captcha/

===May 7===
* http://youtube.com/watch?v=BB2Xnu9xQVU
* http://www.washingtonpost.com/wp-dyn/content/article/2007/10/19/AR2007101900842.html
* http://www.news.com/8301-10784_3-9937153-7.html
* http://www.nytimes.com/2008/02/26/technology/26fcc.html

===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

2008-04-30T18:36:59Z

WendySeltzer: /* Slides */

Internet Law meets Mondays and Wednesdays, 12:00-1:30

homepage: http://wendy.seltzer.org/neu/ilaw08/

Join the course's H2O "project": http://h2o.law.harvard.edu/ViewProject.do?projectID=918

[[ilaw: News and Views]]

[[ilaw: Questions]]

[[ilaw: Wikipedia Assignment]]

==Slides==
1. [http://wendy.seltzer.org/neu/ilaw/1-intro.pdf Introduction]

2. [http://wendy.seltzer.org/neu/ilaw/2-speech.pdf Speech and How to Stop It]

3. [http://wendy.seltzer.org/neu/ilaw/3-jurisdiction.pdf Jurisdiction and Sovereignty]

4. [http://wendy.seltzer.org/neu/ilaw/4-defamation.pdf Defamation and Immunity]

5. [http://wendy.seltzer.org/neu/ilaw/5-copyright.pdf Copyright 1]

6. [http://wendy.seltzer.org/neu/ilaw/6-peerproduction.pdf Copyright and Peer Production]

7. [http://wendy.seltzer.org/neu/ilaw/7-p2p.pdf Copyright and Peer-to-Peer]

8. [http://wendy.seltzer.org/neu/ilaw/8-interop.pdf Interoperability]

9. [http://wendy.seltzer.org/neu/ilaw/9-anticircumvention.pdf Anticircumvention]

10. [http://wendy.seltzer.org/neu/ilaw/10-contract.pdf Licensing]

11. [http://wendy.seltzer.org/neu/ilaw/11-privacy-gov.pdf Privacy from Government]

12. [http://wendy.seltzer.org/neu/ilaw/12-privacy-public.pdf Privacy in Public]

13. [http://wendy.seltzer.org/neu/ilaw/13-trademark.pdf Trademarks and Domain Names]

14. [http://wendy.seltzer.org/neu/ilaw/14-trademark.pdf Trademark (2)]

15. [http://wendy.seltzer.org/neu/ilaw/15-safeharbor.pdf Safe Harbor]

16. [http://wendy.seltzer.org/neu/ilaw/16-spam-trespass.pdf Trespass, Spam]

17. [http://wendy.seltzer.org/neu/ilaw/17-search.pdf Search]

Cross-cultural partnership: Subversion

2008-04-29T23:57:59Z

WendySeltzer:

Cross-cultural partnership. Notes from Cambridge CRASSH conference, "Subversion, Conversion, Development," April 25, 2008
* [http://www.crassh.cam.ac.uk/events/71/programme/ Conference Site]
* [http://newmedia.umaine.edu/stillwater/partnership/partnership_template.html Cross-cultural partnership template]

Law is a tool for structuring social interaction. Just as tools can be subverted, so can law and legal forms be used for purposes different from the initial interests motivating them. The cross-cultural partnership attempts to bring instruments of business organization to the field of cultural sharing.

[background and motivations:
This project developed from a meeting of digital and indigenous artists, lawyers, educators, and anthropologists, in Lucerne, Maine, to discuss knowledge sharing. The participants came from different experiences, including artists producing artworks with corporations or in digital communities, Wabanaki artists sharing cultural knowledge in their artworks; anthropologists studying Papua New Guinea customs. Many stressed the importance of relationships around the sharing of knowledge. We were looking for legal tools to help facilitate equitable sharing.]

Our chief inspiration early in the project was the Gnu GPL, which takes typical instruments of closure, copyright and license agreements, to enforce the promise of openness, through its innovative "copyleft." Free Software counters the proprietary impulse in software design with the promise of greater freedom of shared, open user-based development. The GPL supports Free Software with a legal license whose copyright restrictions kick in only if one tries to close a development path, withdrawing from the pool. It enforces copyright, but against the usual grain. Often too, the license and practices around it create or reinforce communities of development.

GPL was our inspiration in form, but knowledge, not copyright or "intellectual property" was our subject. Propertization can devalue knowledge by taking it out of context. Copyright or patent are blunt instruments of exclusion, when what we're looking for is entanglement. IP sets knowledge apart, as alienable, when we're looking for embedded treatment.

When we talk about knowledge sharing, we hear a common interest in helping to define the terms on which that knowledge will be used. We may not find any particular common terms. Some interests may lead toward openness and others toward closure, some toward control and others toward unfettered dissemination. Yet most of these positions stem from basic interest in an equitable relationship to and through the shared knowledge.

A legal mechanism of relationship thus presented itself for subversion: the partnership form. As a business form, the partnership takes co-venturers and makes them equal partners in the control and benefit from their joint enterprise, and sets baseline fiduciary duties of partners to one another: duties of loyalty, care, good faith and fair dealing. Starting from the partnership form lets us inherit these duties as a framework for non-business relationships.

We created a partnership toolkit: a preamble, template, and annotated how-to. [http://newmedia.umaine.edu/stillwater/partnership/partnership_template.html (Reviewed the template here.)] The template is sparse, a set of headings (identification, common aims, prior work, specific duties, outcomes and benefits, management, breach, remedies, choice of law, term and termination, signatures), with an outline of the kinds of considerations that might fit within. Potential partners looking to establish the terms of a knowledge-sharing relationship are invited to work through the template together, discussing the elements that might fill each blank, in the process of working to understand and develop trust in one another.

The template can be used in several ways, including as foundation for a legal document; as framework for conversation; as negotiation tool or bargaining chip. It is as much process as product. If parties walk through the template then throw it away (having decided it is unnecessary or inappropriate), it has served greater purpose than if they sign a blank legal form. For the relationship, not the law, is the end-point here. The sparse template is designed to facilitate discussion and relation-building, recognition of differences, to elicit expression of interests, and to frame them with opportunities for joint gain.

Along with providing forms and structures, the law can contribute experience with the ways relationships can go bad. Each of the partnership defaults comes from that experience, trying to prevent surprise or to encourage parties to specify the terms of their relationship more closely. The typical legal document is an agglomeration of boilerplate provisions, each initially added for a purpose, but together tending to obscure the overall goal. This document strips the case-specific solutions (each tending to favor its own drafter) and leaves the problems as questions for joint consideration.

[[Category: Partnership]]

Cross-cultural partnership: Subversion

2008-04-29T19:40:48Z

WendySeltzer:

Cross-cultural partnership. Notes from Cambridge CRASSH conference, "Subversion, Conversion, Development," April 25, 2008
* [http://www.crassh.cam.ac.uk/events/71/programme/ Conference Site]
* [http://newmedia.umaine.edu/stillwater/partnership/partnership_template.html Cross-cultural partnership template]

Law is a tool for structuring social interaction. Just as tools can be subverted, so can law and legal forms be used for purposes different from the initial interests motivating them. The cross-cultural partnership attempts to bring instruments of business organization to the field of cultural sharing.

[background and motivations]

Our chief inspiration early in the project was the Gnu GPL, which takes typical instruments of closure, copyright and license agreements, to enforce the promise of openness, through its innovative "copyleft." Free Software counters the proprietary impulse in software design with the promise of greater freedom of shared, open user-based development. The GPL supports Free Software with a legal license whose copyright restrictions kick in only if one tries to close a development path, withdrawing from the pool. It enforces copyright, but against the usual grain. Often too, the license and practices around it create or reinforce communities of development.

GPL was our inspiration in form, but knowledge, not copyright or "intellectual property" was our subject. Propertization can devalue knowledge by taking it out of context. Copyright or patent are blunt instruments of exclusion, when what we're looking for is entanglement. IP sets knowledge apart, as alienable, when we're looking for embedded treatment.

When we talk about knowledge sharing, we hear a common interest in helping to define the terms on which that knowledge will be used. We may not find any particular common terms. Some interests may lead toward openness and others toward closure, some toward control and others toward unfettered dissemination. Yet most of these positions stem from basic interest in an equitable relationship to and through the shared knowledge.

A legal mechanism of relationship thus presented itself for subversion: the partnership form. As a business form, the partnership takes co-venturers and makes them equal partners in the control and benefit from their joint enterprise, and sets baseline fiduciary duties of partners to one another: duties of loyalty, care, good faith and fair dealing. Starting from the partnership form lets us inherit these duties as a framework for non-business relationships.

We created a partnership toolkit: a preamble, template, and annotated how-to. [http://newmedia.umaine.edu/stillwater/partnership/partnership_template.html (Reviewed the template here.)] The template is sparse, a set of headings (identification, common aims, prior work, specific duties, outcomes and benefits, management, breach, remedies, choice of law, term and termination, signatures), with an outline of the kinds of considerations that might fit within. Potential partners looking to establish the terms of a knowledge-sharing relationship are invited to work through the template together, discussing the elements that might fill each blank, in the process of working to understand and develop trust in one another.

The template can be used in several ways, including as foundation for a legal document; as framework for conversation; as negotiation tool or bargaining chip. It is as much process as product. If parties walk through the template then throw it away (having decided it is unnecessary or inappropriate), it has served greater purpose than if they sign a blank legal form. For the relationship, not the law, is the end-point here. The sparse template is designed to facilitate discussion and relation-building, recognition of differences, to elicit expression of interests, and to frame them with opportunities for joint gain.

Along with providing forms and structures, the law can contribute experience with the ways relationships can go bad. Each of the partnership defaults comes from that experience, trying to prevent surprise or to encourage parties to specify the terms of their relationship more closely. The typical legal document is an agglomeration of boilerplate provisions, each initially added for a purpose, but together tending to obscure the overall goal. This document strips the case-specific solutions (each tending to favor its own drafter) and leaves the problems as questions for joint consideration.

[[Category: Partnership]]

Cross-cultural partnership: Subversion

2008-04-29T19:35:03Z

WendySeltzer:

Cross-cultural partnership. Notes from Cambridge CRASSH conference, "Subversion, Conversion, Development," April 25, 2008
* [http://www.crassh.cam.ac.uk/events/71/programme/ Conference Site]
* [http://newmedia.umaine.edu/stillwater/partnership/partnership_template.html Cross-cultural partnership template]

Law is a tool for structuring social interaction. Just as tools can be subverted, so can law and legal forms be used for purposes different from the initial interests motivating them. The cross-cultural partnership attempts to bring instruments of business organization to the field of cultural sharing.

[background and motivations]

Our chief inspiration early in the project was the Gnu GPL, which takes typical instruments of closure, copyright and license agreements, to enforce the promise of openness, through its innovative "copyleft." Free Software counters the proprietary impulse in software design with the promise of greater freedom of shared, open user-based development. The GPL supports Free Software with a legal license whose copyright restrictions kick in only if one tries to close a development path, withdrawing from the pool. It enforces copyright, but against the usual grain. Often too, the license and practices around it create or reinforce communities of development.

GPL was our inspiration in form, but knowledge, not copyright or "intellectual property" was our subject. Propertization can devalue knowledge by taking it out of context. Copyright or patent are blunt instruments of exclusion, when what we're looking for is entanglement. IP sets knowledge apart, as alienable, when we're looking for embedded treatment.

When we talk about knowledge sharing, we hear a common interest in helping to define the terms on which that knowledge will be used. We may not find any particular common terms. Some interests may lead toward openness and others toward closure, some toward control and others toward unfettered dissemination. Yet most of these positions stem from basic interest in an equitable relationship to and through the shared knowledge.

A legal mechanism of relationship thus presented itself for subversion: the partnership form. As a business form, the partnership takes co-venturers and makes them equal partners in the control and benefit from their joint enterprise, and sets baseline fiduciary duties of partners to one another: duties of loyalty, care, good faith and fair dealing. Starting from the partnership form lets us inherit these duties as a framework for non-business relationships.

We created a partnership toolkit: a preamble, template, and annotated how-to. http://newmedia.umaine.edu/stillwater/partnership/partnership_template.html The template is sparse, a set of headings (identification, common aims, prior work, specific duties, outcomes and benefits, management, breach, remedies, choice of law, term and termination, signatures), with an outline of the kinds of considerations that might fit within. Potential partners looking to establish the terms of a knowledge-sharing relationship are invited to work through the template together, discussing the elements that might fill each blank, in the process of working to understand and develop trust in one another.

The template can be used in several ways, including as foundation for a legal document; as framework for conversation; as negotiation tool or bargaining chip. It is as much process as product. If parties walk through the template then throw it away (having decided it is unnecessary or inappropriate), it has served greater purpose than if they sign a blank legal form. For the relationship, not the law, is the end-point here. The sparse template is designed to facilitate discussion and relation-building, recognition of differences, to elicit expression of interests, and to frame them with opportunities for joint gain.

Along with providing forms and structures, the law can contribute experience with the ways relationships can go bad. Each of the partnership defaults comes from that experience, trying to prevent surprise or to encourage parties to specify the terms of their relationship more closely. The typical legal document is an agglomeration of boilerplate provisions, each initially added for a purpose, but together tending to obscure the overall goal. This document strips the case-specific solutions (each tending to favor its own drafter) and leaves the problems as questions for joint consideration.

[[Category: Partnership]]

Cross-cultural partnership CRASSH

2008-04-29T19:30:30Z

WendySeltzer: Cross-cultural partnership CRASSH moved to Cross-cultural partnership: Subversion

#REDIRECT [[Cross-cultural partnership: Subversion]]

Cross-cultural partnership: Subversion

2008-04-29T19:30:30Z

WendySeltzer: Cross-cultural partnership CRASSH moved to Cross-cultural partnership: Subversion

Cross-cultural partnership. Notes from Cambridge CRASSH conference, April 25, 2008
http://www.crassh.cam.ac.uk/events/71/programme/

Law is a tool for structuring social interaction. Just as tools can be subverted, so can law and legal forms be used for purposes different from the initial interests motivating them. The cross-cultural partnership attempts to bring instruments of business organization to the field of cultural sharing.

[background and motivations]

Our chief inspiration early in the project was the Gnu GPL, which takes typical instruments of closure, copyright and license agreements, to enforce the promise of openness, through its innovative "copyleft." Free Software counters the proprietary impulse in software design with the promise of greater freedom of shared, open user-based development. The GPL supports Free Software with a legal license whose copyright restrictions kick in only if one tries to close a development path, withdrawing from the pool. It enforces copyright, but against the usual grain. Often too, the license and practices around it create or reinforce communities of development.

GPL was our inspiration in form, but knowledge, not copyright or "intellectual property" was our subject. Propertization can devalue knowledge by taking it out of context. Copyright or patent are blunt instruments of exclusion, when what we're looking for is entanglement. IP sets knowledge apart, as alienable, when we're looking for embedded treatment.

When we talk about knowledge sharing, we hear a common interest in helping to define the terms on which that knowledge will be used. We may not find any particular common terms. Some interests may lead toward openness and others toward closure, some toward control and others toward unfettered dissemination. Yet most of these positions stem from basic interest in an equitable relationship to and through the shared knowledge.

A legal mechanism of relationship thus presented itself for subversion: the partnership form. As a business form, the partnership takes co-venturers and makes them equal partners in the control and benefit from their joint enterprise, and sets baseline fiduciary duties of partners to one another: duties of loyalty, care, good faith and fair dealing. Starting from the partnership form lets us inherit these duties as a framework for non-business relationships.

We created a partnership toolkit: a preamble, template, and annotated how-to. The template is sparse, a set of headings (identification, common aims, prior work, specific duties, outcomes and benefits, management, breach, remedies, choice of law, term and termination, signatures), with an outline of the kinds of considerations that might fit within. Potential partners looking to establish the terms of a knowledge-sharing relationship are invited to work through the template together, discussing the elements that might fill each blank, in the process of working to understand and develop trust in one another.

The template can be used in several ways, including as foundation for a legal document; as framework for conversation; as negotiation tool or bargaining chip. It is as much process as product. If parties walk through the template then throw it away (having decided it is unnecessary or inappropriate), it has served greater purpose than if they sign a blank legal form. For the relationship, not the law, is the end-point here. The sparse template is designed to facilitate discussion and relation-building, recognition of differences, to elicit expression of interests, and to frame them with opportunities for joint gain.

Along with providing forms and structures, the law can contribute experience with the ways relationships can go bad. Each of the partnership defaults comes from that experience, trying to prevent surprise or to encourage parties to specify the terms of their relationship more closely. The typical legal document is an agglomeration of boilerplate provisions, each initially added for a purpose, but together tending to obscure the overall goal. This document strips the case-specific solutions (each tending to favor its own drafter) and leaves the problems as questions for joint consideration.

[[Category: Partnership]]

Cross-cultural-partnership

2008-04-29T11:19:17Z

WendySeltzer: /* Next Steps */

=Pages=
* [http://newmedia.umaine.edu/stillwater/partnership/partnership_template.html Template]
* [http://connected-knowledge.net/ Website]
* Wiki versions (may be out of date):
**[[Cross-cultural partnership template]]
**[[Cross-cultural partnership howto]]

*[[Cross-cultural partnership CRASSH]], April 25, 2008
*[[Cross-cultural-partnership-Banff]], July 2007

=Next Steps=
Follow-up with potential "beta-testers" in different contexts:
* Cristobal and Randy
* Jerome ?
* Laura ?
* Will ?

[[Category: Partnership]]

Cross-cultural partnership: Subversion

2008-04-29T11:14:26Z

WendySeltzer:

Cross-cultural-partnership

2008-04-29T11:10:03Z

WendySeltzer:

Cross-cultural-partnership

2008-04-29T11:06:31Z

WendySeltzer:

* [[http://newmedia.umaine.edu/stillwater/partnership/partnership_template.html Template]]
* [[http://connected-knowledge.net/ Website]]
* Wiki versions (may be out of date):
**[[Cross-cultural partnership template]]
**[[Cross-cultural partnership howto]]

*[[Cross-cultural partnership CRASSH]], April 25, 2008
*[[Cross-cultural-partnership-Banff]], July 2007

[[Category: Partnership]]

Cross-cultural partnership: Subversion

2008-04-29T11:04:27Z

WendySeltzer:

Cross-cultural partnership. Notes from Cambridge CRASSH, April 25, 2008

Law is a tool for structuring social interaction. Just as tools can be subverted, so can law and legal forms be used for purposes different from the initial interests motivating them. The cross-cultural partnership attempts to bring instruments of business organization to the field of cultural sharing.

[background and motivations]

Our chief inspiration early in the project was the Gnu GPL, which takes typical instruments of closure, copyright and license agreements, to enforce the promise of openness, through its innovative "copyleft." Free Software counters the proprietary impulse in software design with the promise of greater freedom of shared, open user-based development. The GPL supports Free Software with a legal license whose copyright restrictions kick in only if one tries to close a development path, withdrawing from the pool. It enforces copyright, but against the usual grain. Often too, the license and practices around it create or reinforce communities of development.

GPL was our inspiration in form, but knowledge, not copyright or "intellectual property" was our subject. Propertization can devalue knowledge by taking it out of context. Copyright or patent are blunt instruments of exclusion, when what we're looking for is entanglement. IP sets knowledge apart, as alienable, when we're looking for embedded treatment.

When we talk about knowledge sharing, we hear a common interest in helping to define the terms on which that knowledge will be used. We may not find any particular common terms. Some interests may lead toward openness and others toward closure, some toward control and others toward unfettered dissemination. Yet most of these positions stem from basic interest in an equitable relationship to and through the shared knowledge.

A legal mechanism of relationship thus presented itself for subversion: the partnership form. As a business form, the partnership takes co-venturers and makes them equal partners in the control and benefit from their joint enterprise, and sets baseline fiduciary duties of partners to one another: duties of loyalty, care, good faith and fair dealing. Starting from the partnership form lets us inherit these duties as a framework for non-business relationships.

We created a partnership toolkit: a preamble, template, and annotated how-to. The template is sparse, a set of headings (identification, common aims, prior work, specific duties, outcomes and benefits, management, breach, remedies, choice of law, term and termination, signatures), with an outline of the kinds of considerations that might fit within. Potential partners looking to establish the terms of a knowledge-sharing relationship are invited to work through the template together, discussing the elements that might fill each blank, in the process of working to understand and develop trust in one another.

The template can be used in several ways, including as foundation for a legal document; as framework for conversation; as negotiation tool or bargaining chip. It is as much process as product. If parties walk through the template then throw it away (having decided it is unnecessary or inappropriate), it has served greater purpose than if they sign a blank legal form. For the relationship, not the law, is the end-point here. The sparse template is designed to facilitate discussion and relation-building, recognition of differences, to elicit expression of interests, and to frame them with opportunities for joint gain.

Along with providing forms and structures, the law can contribute experience with the ways relationships can go bad. Each of the partnership defaults comes from that experience, trying to prevent surprise or to encourage parties to specify the terms of their relationship more closely. The typical legal document is an agglomeration of boilerplate provisions, each initially added for a purpose, but together tending to obscure the overall goal. This document strips the case-specific solutions (each tending to favor its own drafter) and leaves the problems as questions for joint consideration.

[[Category: Partnership]]

Cross-cultural partnership: Subversion

2008-04-29T11:04:08Z

WendySeltzer: New page: Cross-cultural partnership. Notes from Cambridge CRASSH, April 25, 2008 Law is a tool for structuring social interaction. Just as tools can be subverted, so can law and legal forms be us...

Cross-cultural-partnership

2008-04-29T11:03:36Z

WendySeltzer:

*[[Cross-cultural partnership CRASSH]]
*[[Cross-cultural-partnership-Banff]]
*[[Cross-cultural partnership template]]
*[[Cross-cultural partnership howto]]

Category:Partnership

2008-04-29T11:02:38Z

WendySeltzer:

*[[Cross-cultural-partnership]]
*[[Cross-cultural partnership template]]
*[[Cross-cultural partnership howto]]

Category:Partnership

2008-04-29T11:02:12Z

WendySeltzer: New page: *Cross-cultural partnership template *Cross-cultural partnership howto

*[[Cross-cultural partnership template]]
*[[Cross-cultural partnership howto]]

Cross-cultural-partnership-Banff

2008-04-29T11:02:00Z

WendySeltzer:

*[[Cross-cultural partnership template]]
*[[Cross-cultural partnership howto]]

Notes from July 27 discussion.

Often, researchers are asked to sign contracts -- is the partnership a better deal for the researcher?

Partnership applies as between the parties. It doesn't substitute for licensing of the output. e.g., community-produced software

Viral partnership? Can we make this self-extending like GPL?
Would it make sense to say that to get access to the software, you needed to join the partnership?

Indigenous communities are using their own lawyers to claim rights, too.

Questions for the template:
Term/termination: How far does this reach into your future work?
Authority. What are all the layers? Who are the other people who might be involved?

'''Relationships.''' Need to build the relationship before you can put it into a legal document. Understanding other's interests. Can the template guide us through the articulation and building of those relationships? Can the law help support relationships? Building integrity into the relationship. It's not about the document, but about the relationship around it.

How are we not re-creating the treaties that have failed? How do we avoid making it look too much like those, dictated from one side?
How can we make this a true joint creation? Start discussion with the relationship.

Establishing a reputation for trust. Whuffie.
Work with Elders' differing cultural protocols. "Under what authority are you coming here?"

Rather than (only) bringing this document to the Elders, explain it, build on pre-established trust.
Consider ethical standards for researchers.

Can we engage trusted others to hold the template, as a clearinghouse? Not if it's just a bureaucracy, perhaps if it's a trusted party.

Preparation. Help the potential partners to build the relationship. The document does not supplant these preparations. Explain this further in the preamble?

Bringing Longhouse law into the dealings. Start the framework from the understanding that it will be adjudicated in a longhouse council. Un-stack the deck by going to tribal courts. Would it take expanding the jurisdiction of the tribal courts? Could they be chosen as an arbitration-like forum?

Imagine using this in a work environment. Or with government funders. Easier to imagine taking it in that direction than to an elder.

Experience: most effective collaborations were with friends. This document might help to bring out the implicit agendas in other kinds of relationships, avert latent conflicts later. How do we make it easier to open the discussion?

Without a process, someone can give away information without meaning to, or knowing all the places it may be used.

Elders might welcome this as a source of trust.

==Day 2 Notes==

Add to preamble more explicit discussion of relationships, trust. Describe the
Notes for beta testers.

"How to use this template:"

Design spiral. goals often evolve as the collaboration progress.
What's the protocol for amendment, adaptation to changes?

Suggest periodic review of the document, restatement of the goals when there is mutual agreement that the goals change.

What if one artist's goals change? Protocol for suggesting revision, rather than exit/power play.

Commit to transparency of goals and interests.

The agreement can be a tool for maintaining integrity, a reference point. Facilitate a cleaner break, with integrity, if break becomes necessary.

Use cases:
* Put this into a toolkit for potential collaborators. package it standalone, with links to contexts.
* PDF to send collaborators/ editable format
* don't do a database, people shouldn't have to send data to third party

Potential users: Cristobal, Banff Center, tech collaborators

'''Networks'''
Trust groups. types, optional ways of expanding the group.
*hand-picked
*"smart": picked through metadata, e.g. join implicitly by using work generated by the partnership.
*associative. someone trusted trusts you (web of trust)

If networks have a power center, there's an implicit limit (time-to-live, decay of light-range). Power can only reach N nodes out.

'''Viral.'''
* Is viral partnership desirable?
* How does the law work with the viral options?
** A new member can't just join a partnership, but requires the approval of the entire existing partnership.
implementation question

Levels of access. How do the partners manage requests for partnership?

Template hints. restrictions on outputs?
Scope.
* Partners may want to consider
**levels of access (e.g. some outputs open, some to authenticated/known users, some open only to partners)
**methods of accepting new members into the partnership.

'''How-To document'''
Recommendations for using the template.

'''Next Steps / Promotion'''
*Put it into toolkits where ...
*Bloggers, beta-testers.
*"Labs"-style wrappers.
* online communities, membership application rather than just sign-up.
* Make it easily distributable (forms (Word, text, PDF), links, badge, secret handshake)
* Web app to facilitate choice of partnership, to get people to the meat of the relationship negotiation quickly

Education. More than just curriculum, connection. Partnership key to education.

[[Category: Partnership]]

Cross-cultural-partnership-Banff

2008-04-29T11:01:29Z

WendySeltzer:

Cross-cultural-partnership

2008-04-29T11:00:52Z

WendySeltzer: Cross-cultural-partnership moved to Cross-cultural-partnership-Banff: cleanup

#REDIRECT [[Cross-cultural-partnership-Banff]]

Cross-cultural-partnership-Banff

2008-04-29T11:00:52Z

WendySeltzer: Cross-cultural-partnership moved to Cross-cultural-partnership-Banff: cleanup

Ilaw: News and Views

2008-04-23T15:36:29Z

WendySeltzer: /* April */

==April==

[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

===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

2008-04-16T15:02:03Z

WendySeltzer: /* April */

==April==

[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?]

'''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

===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

2008-04-16T15:00:34Z

WendySeltzer: /* April */

==April==

[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?]

'''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

===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

2008-04-16T14:59:23Z

WendySeltzer: /* April */

==April==

[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)

'''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

===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

2008-04-14T19:46:48Z

WendySeltzer: /* Slides */

Ilaw

2008-03-31T20:19:57Z

WendySeltzer: /* Slides */ interop and anticirc

Ilaw: News and Views

2008-03-26T17:35:34Z

WendySeltzer: /* March 24 */

==March==

'''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]

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

Ilaw

2008-03-24T18:39:26Z

WendySeltzer: /* Slides */

Ilaw: News and Views

2008-03-19T15:39:12Z

WendySeltzer:

==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

===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]

Ilaw

2008-03-17T19:28:23Z

WendySeltzer: /* Slides */

Questions

2008-03-17T11:54:02Z

WendySeltzer: /* Class 4 - Monopoly Conduct */

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.

Ilaw

2008-03-12T20:22:13Z

WendySeltzer: /* Slides */

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