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The Next Copyright Case to Hit the Supreme Court?
A while ago I commented here on the Second Circuit’s decision in The Cartoon Network/Cable News Network v. CSC Holdings/Cablevision. It seemed to me like a deci…
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Child Online Protection Act Still Unconstitutional
Author: Alex Harris In 1998, Congress passed the Child Online Protection Act, criminalizing speech that, "taken as a whole," appeals to "the pru…
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Considerations When Subpoenaing Customer Information
Author: Stuart Loh The plaintiffs, Echostar Satellite LLC and its related companies ("Echostar"), provide pay-TV programming to their customers via e…
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Court Dismisses Allegations of Digital Music Conspiracy as Implausible
Author: Jenny Kim In re Digital Music Litigation represents an unsuccessful attempt to challenge a perceived monopoly in the digital music market. The plainti…
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In Peer-to-Peer File-Sharing Case, "Distribution" Does Not Mean "Making Available"
Author: Matt Kellogg At trial, the plaintiffs sought to prove that the defendant, a single mother in Duluth, had willfully infringed 24 of the plaintiffs'…
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David Kernell Indicted Under the Computer Fraud and Abuse Act for Hacking into Governor Palin’s E-mail
Author: Allison Pedrazzi Helfrich The grand jury for the Eastern District of Tennessee charged David Kernell, also known by the nicknames "rubico" an…
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Interference with "Pay-Per-View" Billing Information Prohibited under Section 553 and DMCA
Author: Morgan Galland Defendants, Jon Chaffee, Amy Chaffee and Ramalda Bou ("Chaffee"), appealed a summary judgment decision of the United States Di…
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E-mail Advertisement Service Provider Finds Safe Harbor Protection under Ohio’s Consumer Protection Law
Author: Yuki Ide The Plaintiff John Ferron is an Ohio attorney. Ferron visited satellite dish websites and purposely provided his email address to those websit…
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Copying Customer List Does Not Necessarily Imply "Damages" Under Computer Fraud and Abuse Act
Author: José Mauro Decoussau Machado Sam's Wines & Liquors, Inc. (Sam’s Wines) sued Sean Hartig (Hartig), a former employee, and Plinio Group, LLC (Pli…
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Lack of Specific Knowledge and Fair Use Protect Service Websites from Contributory Trademark Liability
Author: Robert Lopez Tiffany sued eBay under the judicially constructed doctrines of contributory trademark infringement and dilution. To define contributory…
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German Court Orders to Block wikipedia.de Due to Offending Article
Here’s another bizarre Internet case that makes you wonder…. Typing now into your favorite Internet browser the address www.wikipedia.de (the German Wikipedia)…
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Legally Speaking - new program from California Lawyer and UC Hastings
Mark your calendars for January 14 for what looks to be an interesting CLE presented by The California Lawyer Magazine and UC Hastings. Legally Speaking is a ne…