US Court of Appeals finds that the receipt and storage of customer e-mails by ISPs does not constitute “interception” under the

Plaintiff Peter Hall intended to promote via e-mail the premiere of his first produced movie “Delinquent” at the Chicago Underground Film Festival on August 13,1997. On August 5, 1997 the Defendant Earthlink was notified by UUNet (a backbone provider) that Hall’s account was sending mass junk mail, which led to the (i) termination of Hall’s access to the account; and (ii) placement of his e-mail address on “Net Abuse Report” – weblist of e-mail abusers.

Court Finds Signals Captured by Keylogger Device are Not “Electronic Communications” where Keystrokes are Not Transmitted to the

The defendant attempted to intercept electronic communications in alleged violation of 18 U.S.C § 2511 (1) (a), known as the Wiretap Act. This Act was written to protect the privacy of electronic, oral, and wire communications. The defendant installed a device called a KeyKatcher. This device was placed on the cable that connects the keyboard to the central processing unit (CPU). The KeyKatcher records the electronic impulses that are sent to the CPU when a key is depressed. These impulses can be translated into text so that a transcript of everything that was typed can be obtained.

U.S. District Court Holds that Florida Electronic Voting Procedures Meet Constitutional and Statutory Requirements

Florida Congressman Robert Wexler filed an action in Florida circuit court against Palm Beach County Supervisor of Elections Theresa LePore, Florida Secretary of State Glenda Hood, and the Palm Beach County Board of County Commissioners. Wexler was seeking declaratory and injunctive relief to prevent the use of the Sequoia electronic voting system in Palm Beach County, on grounds that this system does not enable manual recounts in compliance with Florida statutes. The suit was dismissed for lack of standing and for lack of a cause of action.

Claim Term is Defined by Specification and Prosecution History rather than Dictionary Definition

This case concerns how patent claim interpretation can be narrowed by the specification and prosecution history. The invention at issue was a surgical mesh plug that is placed on the weakened muscle wall area of a hernia so that muscle cells can grow on the plug and restore the strength of the muscle wall in the affected area. C. R. Bard, Inc. obtained U.S. Patent No. 5,356,432 on the surgical plug. When U.S. Surgical made a similar surgical plug, Bard sued for infringement.

European Court of Justice defines the scope of Database Directive protection to exclude obtaining, verifying or presenting data

The European Court of Justice interpreted and clarified the scope of the sui generis right (a custom-made legislation) in database as provided for in the Directive 96/9/EC – Legal Protection of Databases as excluding football fixture lists or horseracing lists from protection on November 9, 2004 in four similar matters.Fixtures Marketing licenses fixture lists for the top English and Scottish football leagues outside the UK on behalf of the professional football leagues.

District Court Dismisses Internet Archive’s Challenge to Copyright Regime

District Judge Maxine M. Chesney of the Northern District of California has granted the government’s motion to dismiss Kahle v. Ashcroft. Judge Chesney rejected the plaintiffs' arguments that changes to copyright law over the past 28 years have so restricted the public's access to thousands of historically valuable works as to violate the First Amendment.

New York State Division of Tax Appeals Holds That Software Deficiency is Reasonable Ground to Avoid Imposition of Penalties for

The New York Division of Tax Appeals considered whether a petitioner had demonstrated that a tax software error was a reasonable cause, and not willful neglect, for underestimating its tax liability, which in turn led to penalties for late filing and payment. The Petitioner in the case, RAC for Women, Inc. relied on tax software to prepare its 2000 and 2001 tax returns, and to request an extension for the filing of the 2001 taxes. The company's 2001 tax liability was eventually calculated at $5,235. The previously filed extension request required estimation and payment of this amount.

District Court dismisses Contributory and Vicarious Copyright Infringement suit against credit card companies

Plaintiff, Perfect 10, Inc, is a California corporation providing adult entertainment services, including a magazine and website featuring nude models. Perfect 10 owns the copyrights on most of the images displayed, the trademark “perfect 10” and also the right of publicity for many of the models.A group of websites (referred to as the Stolen Content Websites) displayed pornography featuring prominent actresses; and published material that allegedly infringed Plaintiff’s copyright and trademarks.

Congress Keen to Investigate UN Mismanagement of Oil for Food, but Lackadaisical about American mismanagement

Congress has been investigating, with strong Republican support, the UN-administered Oil for Food program. But Republican concern for mismanagement of the Iraqi people's money--which after all is what this is about--would seem more genuine if they were also concerned about our own mishandling of Iraqi money. How many American corporations connected to Republican party interests have become wealthy with Iraqi funds controlled by an American-led Coalition Authority? And what services and goods did they provide to earn their profits?


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