Case Archive

Archive of closed CIS Cases that no longer are active.

Administaff v. Yahoo! (Doe Case)

The Cyberlaw Clinic is co-counsel for a person who's private information was subpoenaed by Administaff Companies from Yahoo! in a lawsuit about the client's postings on an Internet message board.

American Airlines v. FareChase

In this case, AA successfully obtained an injunction from a Texas trial court, stopping FareChase from selling software that enables users to comparison shop for webfares if it also searches American's website. The airline argued that FareChase's websearch software trespassed on American's servers when it collected the publicly available data. Stanford CIS is lead counsel on the appeal.

Ampex v. "exampex" (Doe Case)

Ampex Corp. filed a lawsuit against a "John Doe" Internet poster in Contra Costa County Court (Martinez) and issued a subpoena to Yahoo!

Analysis of the USAPA with the ACLU

Certain controversial provisions of the USAPA or USA Patriot Act are due to sunset in 2005. On behalf of the ACLU, students will analyze Department of Justice responses to oversight questions posed by Congressional committees to assist Congress in determining whether it should reinstate those provisions as is, or with modifications to protect privacy and other civil liberties.

Assistance to Victims of Privacy Violations/Identity Theft

Students will work with officials from the California State Office of Privacy Protection to create a self-help guide for people who have been the victims of identity theft. California law provides some remedies to victims who may be subject to false arrest due to warrants issued for others who commit crimes and give the victim’s identifying information to authorities.

Badmash.org v. Fox

Fox has threatened the creators of a spoof of the opening sequence of The Simpsons, re-imagined as if the show were outsourced to India, as well as the ISP that hosts the cartoonists’ website, badmash.org. The Cyberlaw Clinic will try to protect the creators’ ability to display this work.

Brand X Internet Services, et al. v. Federal Communications Commission

In 2002, the Cyberlaw Clinic wrote an amicus brief in the U.S. Court of Appeals for the Ninth Circuit for the American Civil Liberties Union (ACLU) and American Civil Liberties Union of Oregon in Brand X Internet Services, et al. v. Federal Communications Commission. The matter is now before the U.S.

CA John Doe Bill

A new form of lawsuit called a "cyberslapp" suit is threatening to overturn the promise of anonymous online speech and chill the freedom of expression that is central to the online world. Cyberslapp cases typically involve a person who has posted anonymous criticisms of a corporation or public figure on the Internet.

CAPPS II

In January 2003, the Department of Homeland Security's Transportation Security Administration (TSA) issued a request for comments (RFC) on proposed “Passenger and Aviation Security Screening Records”.

Copyright Office FOIA

Students will represent a reporter who has made a Freedom of Information Act (FOIA) request to the US Copyright office for all memoranda, correspondence, communications or other agency records in electronic or written form that concern (1) meetings between Copyright office staff and representatives from the USTR, the Department of Commerce, and the State Department regarding US government efforts

Dam Things From Denmark v. Russ Berrie & Co., Inc. [Troll case]

A Danish company that produced troll dolls (the ones with the crazy hair) lost its U.S. copyright when it failed to register as required in the 1960’s. Russ, a New Jersey company then began producing the trolls. The CTEA restored the Danish company’s lapsed copyright, and the company then sued Russ and obtained an injunction preventing it from selling any troll dolls.

davidmaus.com

David Maus Toyota has challenged a man's registration of www.davidmaus.com for a website that collects information from the public about the dealership's business practices. The Clinic is representing the registrant, and defending his right to good faith use of the domain name for his consumer rights site.

eBay v. JoeBay.org

CIS represents a young man who publishes a fan site about his friend (coincidentally a former Stanford student) named Joe Bay at JoeBay.org. The domain name attracted the attention of the on-line auction company eBay who sent the client a cease and desist letter claiming trademark infringement.

Eldred Act

During the last Congress, Representative Lofgren introduced The Public Domain Enhancement Act, legislation that would allow all copyrighted works to enter the public domain 50 years after publication unless the owner paid a $1 renewal fee and registered the work in a copyright office database.

Eldred v. Ashcroft

CIS Founder and Executive Director Professor Lawrence Lessig argued this constitutional challenge to the Copyright Term Extension Act before the United States Supreme Court on October 9, 2002. Eldred argues that the Constitution allows Congress to grant copyright only for “Limited Times” and as necessary to encourage authors to create works, and that

Electronic Books

Students will work on a case involving the scope of fair use in the context of eBooks.

Emily Somma v. GOSH [Peter Pan case]

The Cyberlaw Clinic represents Emily Somma, the author of new Peter Pan book that tells children growing up isn't so bad. In After the Rain, A New Adventure for Peter Pan, present day children rescue Peter Pan from Neverland so he can grow up. J.M. Barrie's original Peter Pan books are in the public domain now, copyright having expired.

EPIC v. NASA

The Electronic Privacy Information Center (EPIC) used the Freedom of Information Act (FOIA) to request NASA turn over all documents and correspondence regarding Northwest Airlines disclosure of passenger data to NASA.

EU Cybercrime Treaty Implementation

The European Cybercrime Treaty, to which the U.S. is a signatory, has not yet been implemented by most signatories. Students will review the treaty, see how it accords or is different than current U.S. law, and identify what safeguards are already or should be in place to protect civil liberties. Students will write a report that will be useful to the U.S.

Federal Sentencing Guidelines Comments

The United States Sentencing Commission has requested public comment on how the Commission should respond to Section 225(b) of the Homeland Security Act of 2002 (the Cyber Security Enhancement Act of 2002), Pub. L. 107-296, which

Google Keyword Policy

The Clinic represents a small businessman who sells auction software for eBay users. Upon request from the eBay auction site, the Google search engine company will not sell him or other auction software sellers advertising responsive to a 12 page list of keywords, including auction, and eBay.

Intel v. Hamidi

This case involves the question of whether a private entity can enjoin a member of the public from sending unwanted emails through its server using a trespass theory.

Internet Radio

The 1998 Digital Millennium Copyright Act created a new performance royalty for compulsory licenses for webcasting, with rates to be determined in an arbitration proceeding before the Copyright Office, which would report to the Librarian of Congress, who was to make a final determination.

Meadors & Dudnikov

The clients have a small business auctioning on eBay quilts, shirts and the like from licensed fabric imprinted with Disney characters or Major League Baseball logos. After receiving several threats from the copyright holders, they filed a suit for declaratory judgment asking a court to find that their products were non-infringing works.

Media Awareness Project

The CIS represents MAP, a 501(c)(3) drug policy advocacy organization. MAP maintains an online library of articles from over 3000 newspapers documenting how the War on Drugs is portrayed in the media, and encouraging people to write critical letters to the editor. Newspapers have challenged MAP’s right to maintain this archive under federal copyright law.

MGM v. Grokster

This case is about whether peer-to-peer file sharing technology is illegal to distribute simply because people can use it to infringe copyright. Twenty-nine of the world's largest entertainment companies have sued MusicCity, Consumer Empowerment and Grokster, distributors of a leading peer-to-peer file-sharing product, in federal court in Los Angeles.

Nymox (Doe Case)

This case involves attempts by Nymox, a Canadian pharmaceutical corporation, to learn the identities of several pseudonymous individuals. The action originated in a Quebec court, where limited pre-filing discovery may be permitted by the Court. The Quebec court issued an Order requiring Yahoo!, Inc. to release whatever information it had about each of the eleven named pseudonyms. Yahoo!

Open Source Yoga v. Choudhury

Students will assist attorneys litigating the question of whether and when a series of ancient yoga postures is deserving of either copyright or trademark protection.

OPG, Pavlosky & Smith v. Diebold (Copyright, Evoting)

The Cyberlaw Clinic is representing Swarthmore students Luke Smith and Nelson Pavlosky in their lawsuit against Diebold, maker of electronic voting machines.

Primus (Doe Case)

This "John Doe" case arises out of a lawsuit in the Eastern District of Virginia against an anonymous person for securities fraud and other claims. CIS clients are not parties to that suit. Nonetheless, Primus has subpoenaed the personal information of these anonymous posters based on a theory of "guilt by association".

San Francisco Data Retention Policy

The Clinic will represent client Electronic Frontier Foundation to write a privacy and data retention policy for the City of San Francisco. Students will draft the policy and supporting and advocacy documents, find local community activists to support the proposal and lobby for the Bill’s introduction and passage by the San Francisco Assembly.

SeeBeyond (Doe Case)

This "John Doe" case arises out of a lawsuit filed in Utah alledging causes of action for violations of 18 USC 1030, 18 USC 2701, defamation and others. SeeBeyond then issued a subpoena for the personal information of many Yahoo!

The Thing

The CIS represents The Thing, an Internet Service Provider for New York-based artists. The Thing receives connectivity from Verio, which intends to discontinue The Thing’s service based on alleged violations of Verio’s Terms of Service/Acceptable Use Policy by The Thing’s customers. The issue is whether and when an ISP can be held responsible for the publications of its users.

U.S. Sentencing Commission Comments - CAN SPAM

The United States Sentencing Commission requested public comment on implementation of section 4(b) of the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the “CAN-SPAM Act of 2003”), which directs the Commission to review and amend, if appropriate, the sentencing guidelines and policy statements to establish appropriate penaltie

UDRP Cases

Stanford CIS represents domain name holders who register their URLs in good faith against challenges from trademark holders seeking rights to that domain name through ICANN's Uniform Dispute Resolution Policy or UDRP. To apply for pro bono legal services through the Stanford Cyberlaw Clinic, call 650-723-5674.

United States v. John Doe [X-box chips]

The CIS is assisting defense counsel for a man under criminal investigation for violating the Digital Millennium Copyright Act by allegedly selling X-Box "mod chips." Government prosecutors claim that the mod chips are illegal under the DMCA anti-circumvention provisions.

United States v. McDanel

Stanford CIS will appeal the conviction of a Los Angeles man for notifying the customers of his employer that the company’s computer services were vulnerable to hackers and directing the customers to information on how to repair the vulnerability. The man was convicted under 18 U.S.C. 1030 which makes it a crime to knowingly send information which causes damage to a computer system.

Website Information Collection and Release Policies (The Hacker Foundation)

Students will craft a website terms of use document and disclosure and privacy policies for The Hacker Foundation, a non-profit dedicated to establishing and maintain a research and service organization to promote and explore the creative use of technological resources.