Lauren Gelman's blog

Maryland Court Reinstates Maryland Commercial Electronic Mail Act

The Court of Special Appeals of Maryland reinstated the Maryland Commercial Electronic Mail Act (MCEMA), reversing a Circuit Court ruling holding that MCEMA violated the Commerce Clause of the United States Constitution. The Court also reversed the lower court’s holding that Maryland lacked personal jurisdiction over defendant First Choice Internet, Inc. (First Choice), a New York-based Internet marketing company, and its holding that defendant Joseph Frevola, a New York resident and president of First Choice, could not be held personally liable for First Choice’s alleged MCEMA violations. Read more about Maryland Court Reinstates Maryland Commercial Electronic Mail Act

Maryland Court Reinstates Maryland Commercial Electronic Mail Act

The Court of Special Appeals of Maryland reinstated the Maryland Commercial Electronic Mail Act (MCEMA), reversing a Circuit Court ruling holding that MCEMA violated the Commerce Clause of the United States Constitution. The Court also reversed the lower court’s holding that Maryland lacked personal jurisdiction over defendant First Choice Internet, Inc. (First Choice), a New York-based Internet marketing company, and its holding that defendant Joseph Frevola, a New York resident and president of First Choice, could not be held personally liable for First Choice’s alleged MCEMA violations. Read more about Maryland Court Reinstates Maryland Commercial Electronic Mail Act

Google Cache Does Not Directly Infringe Site Author’s Copyright

The United States District Court for the District of Nevada granted Defendant Google, Inc.’s motions for summary judgment, finding Defendant did not infringe Plaintiff web site author’s copyright by maintaining a copy of Plaintiff’s works in its online cache and allowing search engine users access to the cached copy. Defendant uses an automated program (“Googlebot”) to crawl the Internet, analyzing and cataloging web pages. The Googlebot also makes a copy of the pages it finds and stores them in a temporary cache on Defendant’s servers. Read more about Google Cache Does Not Directly Infringe Site Author’s Copyright

Google Cache Does Not Directly Infringe Site Author’s Copyright

The United States District Court for the District of Nevada granted Defendant Google, Inc.’s motions for summary judgment, finding Defendant did not infringe Plaintiff web site author’s copyright by maintaining a copy of Plaintiff’s works in its online cache and allowing search engine users access to the cached copy. Defendant uses an automated program (“Googlebot”) to crawl the Internet, analyzing and cataloging web pages. The Googlebot also makes a copy of the pages it finds and stores them in a temporary cache on Defendant’s servers. Read more about Google Cache Does Not Directly Infringe Site Author’s Copyright

Congress Should Investigate Warrentless Wiretaps

It's disappointing that the Senate's first response after learning the President has crossed the line, is to move the line without considering why it was there to begin with.

Developments last week suggest that lawmakers' investigation into the president's warrentless domestic spying program may be hijacked by an effort to pass legislation that would legalize his actions, codifying the power he's claimed under color of his general authority to conduct a war on terror. Read more about Congress Should Investigate Warrentless Wiretaps

Teach

I saw a screeing of Davis Guggenheim's documentary 'Teach' Friday night. Unbelievably inspiring. This 35 minute version is designed to encourage people to go into teaching, and he's tagged it with a creative commons license and made it available for free download on legaltorrent so as many people can see it as possible. excellent. Read more about Teach

Blog Law and Blogging for Lawyers

This Law Seminar conference "Blog Law and Blogging for Lawyers" looks pretty interesting if you're a lawyer trying to learn more about legal issues in blogging for your clients, or if you want to start your own blog. I will be speaking early Friday 4/21 morning on developments in the area of cyberlaw that bloggers and lawyers dealing with blogs should know about. Read more about Blog Law and Blogging for Lawyers

Technology Used to Document Massive Political Violence in Timor-Leste

I never publish press releases here but I'm going to make this exception. Patrick Ball is a pioneer in the use of technology to assist human rights activists. When I met him he was helping human rights workers in South and Central America use cryptography for their communications so they could avoid arrest and torture by their governments. Now, he's using databases to document human rights abuses in a form that can be used in international crimes against humanity and genocide trials. Read more about Technology Used to Document Massive Political Violence in Timor-Leste

Federal Circuit vacates dismissal of a patent infringement suit, finding that a patent holder retains standing to sue in an excl

In this patent infringement suit, the United States Court of Appeals for the Federal Circuit considered the question of whether a patent holder retained the standing to sue for infringement according to the terms of a licensing agreement it had concluded with a non-party. Read more about Federal Circuit vacates dismissal of a patent infringement suit, finding that a patent holder retains standing to sue in an excl

Federal Circuit Dissent Calls for Clarification of Written Description Doctrine

The Federal Circuit denied a petition for rehearing en banc over the issue of what is required in the written description to justify a patent’s claims. Lizardtech’s patent claim was invalidated by the Federal Circuit for having claims “in excess of the specification’s embodiments.” Lizardtech appealed arguing that prior law created uncertainty about what is required in a written description. The concurring opinion stated that the statute governing written description in patent claims (35 U.S.C. Read more about Federal Circuit Dissent Calls for Clarification of Written Description Doctrine

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