Stanford Center for Internet and Society

Volume 4

Thursday, March 9 2007, Volume 4, No. 3
Packets is production of the Stanford Center for Internet & Society (CIS). It is written by members of the Stanford Law and Technology Association (SLATA), and edited by CIS staff, fellows and volunteer attorneys. Our purpose is to provide the legal community with a concise description of recently decided cyberlaw-related cases, and where possible, to point to the original decisions. We urge you to forward Packets wherever you please, and to take from it any content you would like. The writers on the Packets Editorial Board are: Sarah Craven, Elisabeth Derby, Shannon Kenealy, Julia Kripke, Leslie Liang, Charlin Lu, Scott Noveck, Lillian Pan, and Olga Shishkova. Packets are online at: http://cyberlaw.stanford.edu/packets
• Applying “Expected Norms of Intended Use,” Court Upholds Conviction for Accessing Protected Computer Without Authorization
• Court Holds Actual Viewing or Recording Unnecessary to Establish a Cause of Action for Invasion of Privacy
• Court Rules on Copyright Preemption of Trade Dress Infringement and State Law Claims
• District Court Finds Plaintiff Satisfies “Case or Controversy” Requirement and Sufficiently Alleges Copyright Misuse in Declarat
• Court Upholds Copyright Infringement and Unauthorized Access Claims Where A Single User License Was Shared By Multiple People
• MySpace Is Not Liable for Third Party Content and Has No Duty to Protect Users from Sexual Assault
• District Court Declines to Exercise Personal Jurisdiction over Foreign Corporation Hosting Interactive but Non-Service Website
• Record Rental Exception to First Sale Doctrine Only Applies to Musical Works
Thursday, February 22, 2007, Volume 4, No. 2
Packets is production of the Stanford Center for Internet & Society (CIS). It is written by members of the Stanford Law and Technology Association (SLATA), and edited by CIS staff, fellows and volunteer attorneys.

Our purpose is to provide the legal community with a concise description of recently decided cyberlaw-related cases, and where possible, to point to the original decisions. We urge you to forward Packets wherever you please, and to take from it any content you would like.

The writers on the Packets Editorial Board are: Sarah Craven, Elisabeth Derby, Shannon Kenealy, Julia Kripke, Leslie Liang, Charlin Lu, Scott Noveck, Lillian Pan, and Olga Shishkova.

Packets are online at: http://cyberlaw.stanford.edu/packets
• Second Circuit Upholds Finding of Fair Use in “Appropriation Art” Piece
• Federal Circuit Rules That Explicit Assignment of Right to Sue without Transfer of All Substantial Patent Rights Is Insufficient
• Government May Retain Intermingled Evidence Seized from MLB Drug Testing Labs
• Supreme Court Holds Licensees in Good Standing May Seek Declaratory Judgment on Patent Validity, Enforceability, or Infringement
• Providing Unauthorized Link to Live Audio Webcast Likely Constitutes Copyright Infringement
• District Court Finds Failure to Demonstrate Circumvention of a Technological Measure in DMCA Claim Involving User Detection Feat
• Court Declines to Follow Other Circuits on Use of Trademarks in Metadata
• An Ohio District Court Rejects a Constitutional Claim for Privacy in Personal Information When the Only Identifiable Risk is Fin