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7th Circuit Rules that Extraction of Public Domain Data from Copyright-Protected Database Is Not Copyright Infringement

By Lauren Gelman on December 23, 2003 at 2:23 pm

Southeastern Wisconsin municipalities collect various data regarding properties located on their territory (address, owner’s name, the age of the property, its assessed valuation, the number and type of rooms, etc.) in order to assess the value of the properties for property-tax purposes. These data are collected by tax assessors hired by the municipalities, who visit the property and by talking to the owner and poking around the property itself to obtain the information. Read more about 7th Circuit Rules that Extraction of Public Domain Data from Copyright-Protected Database Is Not Copyright Infringement

Ninth Circuit Denies En Banc Review of Ruling on Defamation Liability of Website Operator

By Lauren Gelman on December 23, 2003 at 2:21 pm

In 1999, Cremers, who was an operator of website Museum Security Network, posted an allegedly defamatory e-mail from Smith, suggesting that Batzel’s art work is related to Nazis. Batzel sued for libel and defamation and won at the Californian District Court in 2001. The district court declined to extend the legislative grant of immunity pursuant to Title 47 U.S.C. Section 230(c) to Cremers and the Network, holding that the Network is not "an internet service provider" and therefore is not covered by the statute. Read more about Ninth Circuit Denies En Banc Review of Ruling on Defamation Liability of Website Operator

Court Denies Preliminary Injunction, Says Pop-Up Ads for Competitors Likely Don’t Infringe Trademarks and Copyright

By Lauren Gelman on December 23, 2003 at 2:18 pm

WhenU.com, Inc. (“WhenU”) makes software that observes what web sites a consumer visits and what terms he or she searches for on the Internet. Based on those observations, the software presents targeted “pop-up” advertisements on the user’s screen. These advertisements appear as separate windows which contain information about the advertiser’s company or product. Read more about Court Denies Preliminary Injunction, Says Pop-Up Ads for Competitors Likely Don’t Infringe Trademarks and Copyright

Third Branch Takes on Second Bush...

By Elizabeth Rader on December 19, 2003 at 6:16 pm

Our offices are closing (just for the break) but I did not want to leave without reading the Second Circuit's opinion in Padilla v. Rumsfeld, holding that the President lacks the authority to order a U.S. Citizen, arrested on U.S. soil unarmed, held indefinitely as an enemy combatant in the Brig. This case was very troubling because the Solicitor General argued that just by using the magic words "enemy combatant" and making accusations, the President can abrogate an American citizen's right to due process and right to counsel. Read more about Third Branch Takes on Second Bush...

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