D.C. Circuit on Bloggers

JurisPundit writes me, seeking comment on a D.C. Circuit ruling that surprisingly referenced bloggers (that reference anticipated in part by a Eugene Volokh op-ed):

Just wondering if you caught Judge Sentelle's blog reference in his In Re:Grand Jury Subpoena, Judith Miller opinion? I must admit that I failed to catch this, but LawPundit was on the ball.

NY GOP Chair Minarik accuses Democrats of being traitors

Newsday reports that NY GOP chair stands by his earlier comparison of Democrats to a lawyer recently convicted of aiding terrorism.

Minarik touched off a firestorm on Monday by saying that in electing Dean as national party chairman on Saturday "the Democrats simply have refused to learn the lessons of the past two election cycles, and now they can be accurately called the party of Barbara Boxer, Lynne Stewart and Howard Dean."

Broad searches at border crossings – including those of “expressive” electronic material – do not violate Fourth or First Amendm

The Fourth Circuit Court of Appeals considered the extent to which a federal statute authorizes broad and expansive border searches by U.S. customs officials and whether such searches violate Constitutional protections in the Fourth or First Amendments. In particular, the case focused on the detailed examination at a border crossing, without a warrant, of electronic equipment purporting to contain “expressive material.”The case arose when defendant, crossing into the U.S. from Canada, raised the suspicion of customs agents who then conducted an extensive search of his vehicle.

Court grants summary judgment in favor of music companies against a direct infringer for downloading songs

BMG Music along with other recording companies brought an action for infringement of copyright against Cecilia Gonzalez, for having downloaded 30 songs onto her home computer. The defendant admitted to having downloaded the songs, thereby directly infringing the copyright of the plaintiff recording companies. She sought immunity for her actions, however, under the dual defenses of fair use and innocent infringement. The District Court for the Northern District of Illinois rejected her defenses and granted summary judgement in favor of the plaintiffs.

Utah Appeals Court Holds Internet Pop-Up Ads Not Regulated by State Statute Governing Unsolicited Commercial E-mail

Jesse Riddle filed an action under Utah’s Unsolicited Commercial and Sexually Explict Email Act (the Act) (repealed effective May 3, 2004) in the Third District Court of Utah against Celebrity Cruises, Inc. (Celebrity), claiming that a Celebrity pop-up ad that he had received while web-surfing violates the Act’s provision that unsolicited commercial e-mail be appropriately marked so that users can delete the e-mail without ever viewing its content.

8th Circuit Rules Against RIAA In DMCA Case

The U.S. Court of Appeals for the Eighth Circuit ruled that subpoenas ordering Charter Communications, an Internet service provider (ISP), to turn over personal information on users suspected of copyright infringement, were improperly issued and therefore not enforceable.

District of Columbia Circuit Upholds Determination of Web Broadcasting Copyright Royalty Rates by Librarian of Congress

The District of Columbia Circuit Court of Appeals upheld a final rule issued by the Librarian of Congress that set copyright license rates for non-subscription-based Internet broadcasters for a period from October 1998 through December 2002. At issue was the legitimacy of the first ever determination of royalty rates and terms for "webcasting," the practice of streaming music over the Internet, and "simulcasting," the concurrent broadcast of music over both radio waves and the Internet.


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