Lauren Gelman's blog

Court allows class action against spyware companies for loss of productivity and damage to user's computers

Stephen Sotelo has brought a class action complaint alleging trespass to personal property, consumer fraud, unjust enrichment, negligence, and computer tampering against a cluster of spyware producers: DirectRevenue LLC, DirectRevenue Holdings, BetterInternet LLC (collectively known as “Direct Revenue”), Byron Udell & Associates Inc. doing business as AccuQuote, and aQuantitive Inc. Read more about Court allows class action against spyware companies for loss of productivity and damage to user's computers

Arizona Appeals Court Says SMS Messages Covered by TCPA

In a case of first impression, the Arizona Court of Appeals, Division One, ruled that the term “call,” as used in the Telephone Consumer Protection Act (“TCPA,”) is broad enough to encompass emails sent to cellular phones via Short Message Service (“SMS”). SMS messages are text of up to 160 characters that are sent to cellular phones and pagers. Many cellular carriers allow emails sent to an address containing a phone number (such as 1234567890@phonecompany.com) to be transmitted to the cellular phone customer as an SMS message. Read more about Arizona Appeals Court Says SMS Messages Covered by TCPA

No Patent Misuse Defense Against Tying of Essential and Non-Essential Patents Licenses

Philips filed a complaint with the International Trade Commission alleging that several CD manufacturers were importing into the United States certain CD’s that infringed Philip’s patents. In the course of the proceedings, the defendants raised patent misuse as an affirmative defense, alleging that Philips had improperly forced them, as a condition of licensing patents that were necessary to manufacture CD’s in accordance with the industry standard, to take licenses to other patents that were not necessary. Read more about No Patent Misuse Defense Against Tying of Essential and Non-Essential Patents Licenses

Court Denies Summary Judgment on Digital Envoy-Google Licensing Question

In this case before the United States District Court for the Northern District of California, plaintiff Digital Envoy, Inc. (“Digital”) unsuccessfully moved for partial summary judgment against defendant Google, Inc. (“Google”). Digital had licensed its geo-targeting technology to Google and claimed that Google improperly but effectively “licensed” the technology to third parties by utilizing the technology in its AdSense program. Thus, Digital argued that Google provided such third parties with “access” to that technology, in violation of Digital’s and Google’s license agreement. Read more about Court Denies Summary Judgment on Digital Envoy-Google Licensing Question

U.S. District Court Holds that Authorized Access for Unauthorized Purposes Does Not Violate Stored Communications Act (SCA) or C

From April 2003 to May 2004, Bonnie Werner-Masuda served as the Secretary-Treasurer for a local lodge of the International Association of Machinists and Aerospace Workers (IAM). In her capacity as an officer, Werner-Masuda was granted access to IAM’s secure, proprietary website (“VLodge”) on which she could view IAM’s confidential membership list. In order to obtain a user identification number and password, Werner-Masuda signed a registration agreement which stated that she would not use the information provided through VLodge for any purpose contrary to the IAM constitution. Read more about U.S. District Court Holds that Authorized Access for Unauthorized Purposes Does Not Violate Stored Communications Act (SCA) or C

Federal Circuit Rules that Opposition to Trademark is not Precluded by Prior Trademark Infringement Litigation

The U.S. Court of Appeals for the Federal Circuit held that the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office erred in ruling that Mayer/Berkshire Corp.’s opposition to Berkshire Fashions, Inc.’s application for use of the trademark “Berkshire” for apparel was barred by res judicata and collateral estoppel arising from prior district court litigation involving the trademark. Read more about Federal Circuit Rules that Opposition to Trademark is not Precluded by Prior Trademark Infringement Litigation

Yahoo Criticized by Chinese Dissident

The Financial Times reports on a letter sent by Chinese human rights activist Liu Xiaobo to Yahoo founder Jerry Yang criticizing Yahoo's collaboration with the Chinese government. According to the report:

International companies are ignoring basic human rights in return for business opportunity, while the Communist party is offering profits in return for continued control of the internet and the ability to intimidate dissidents, Mr Liu writes. Read more about Yahoo Criticized by Chinese Dissident

Have you ever wiki'd

Seriously folks, have you ever edited wikipedia. Talk about empowering. I actually changed the encyclopedia. I really had the fairly stereotypical experience one would expect. First awe that it was doable, then the burden of responsibility to be accurate, followed by the rush of adrenaline after seeing my changes take affect. Read more about Have you ever wiki'd

Graduate Entrepreneurship Mixer

Come Meet Other Graduate Students Interested In Entrepreneurship!!!!

COME TO THE LAW / MEDICINE / BUSINESS / ENGINEERING / BIOTECH
ENTREPRENEURSHIP MIXER!!

Date: Monday, October 24, 2005
Time: 4:30 - 6:30 PM
Location: Stanford Law School, Crocker Garden
http://www.law.stanford.edu/about/dirmap/

Come meet other people interested in entrepreneurship / electronics /
biotech / medical devices. Or just come to meet people from other
departments. Free Indian food will be provided! Read more about Graduate Entrepreneurship Mixer

CNet hires Apple Blogger

CNet hired Jason O'Grady to blog about Apple products for them. Jason, you may remember, was sued by Apple who is trying to learn who leaked information to Grady about a new product. In their papers, Apple argued that Jason is not a journalist because bloggers are not journalists, and therefore does not qualify for the constitutional protections that allow journalists to protect the identity of their sources. Read more about CNet hires Apple Blogger

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