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Chief Justice Roberts: the Internet is kind of a big deal
Earlier this week, Chief Justice John Roberts, addressed students at the Brigham Young University. According to a press account of the event: Emerging technolo…
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Elkin-Koren on Anticircumvention Law and Consumers-as-Participants
Prof. Niva Elkin-Koren has uploaded a paper titled Making Room for Consumer Under the DMCA, to be published soon in the BTLJ. The paper provides a terrific anal…
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Yahoo! has no Obligation to Publish Information; Ask.com not Liable for Indexed Third-Party Content under CDA
Author: Jacob Heller William Murawski, a “frequent political candidate”, brought action against a number of public and private entities in connection with the…
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District Court Strikes Down Patriot Act’s Amendments to Foreign Intelligence Surveillance Act
Author: Scott M. Noveck I. The 2001 FISA Amendments For purposes of criminal surveillance, the Fourth Amendment’s prohibition on unreasonable searches and sei…
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Ninth Circuit Strikes Down Contract Amendments Unilaterally Posted to Website
Author: Oh-Yoon Kim Respondent Joe Douglas originally contracted with America Online for long distance telephone service. When Talk America acquired this busi…
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Ninth Circuit Holds Section 605(e)(4) of the Communications Act Does Not Apply to End-users Employing DirectTV Piracy Devices
Author: Vinita Kailasanath DirecTV, Inc., a satellite programming provider, sued two end-users of pirating technology, Hoa Hunyh and Cody Oliver. Defendants f…
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Federal Circuit Holds “Trademark Disparagement” Not A Claim Under the Lanham Act
Author: Irene Hahn I. Facts and Procedural History The Freecycle Network (TFN) is a nonprofit Arizona corporation “dedicated to encouraging and coordinating t…
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Website Terms and Conditions Governed After the Termination of Services Agreement, Despite Lack of Specific Acceptance of Terms
Author: Julie Kane Conference America, Inc., an Alabama corporation, contracted with Conexant Systems, Inc., a Delaware corporation operating in California, to…
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Submission of a Reconstruction as Deposit Copy Invalidates Copyright Registration and Nullifies Federal Subject Matter Jurisdict
Author: Juliana Tutt In Torres-Negrón v. J & N Records, L.L.C., the court determined two issues: whether the plaintiff’s submission of a tape recording of…
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Microsoft's EU Antitrust Case: A Clearly Bad Precedent
This week, Microsoft dropped its appeal in the European version of the antitrust action against the company that has been proceeding for about ten years. The E…
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Surveillance and Amnesty in Congress
In this week's Circuit Court column, I write about the legislative battle over changing our communications eavesdropping laws and a related issue of giving…
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The Modern Rabbit Hole
Virginia Heffernan in the NYT Magazine over the weekend: "Movies and music engage and enlighten me, but they don’t steal my mind... For that I increasingly…