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On the implementation of the Data Protection Directive in EU
The Commission of European Communities has just issued a communication on the follow-up fo the Work Programme for better implementation of the Data Protection D…
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It’s not the technology, stupid
I had an AHAAA moment last night reading Martha Woodmansee’s „ The Author, Art, and the Market”. She writes „As my sketch of writers’ struggles suggests, eighte…
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Some Days It's Hard to See What Really Matters, Until You Know It
Most days the Web seems about "buy, buy, buy" or "sell, sell, sell." Many a Web tourist peers through a Web-content window, framed by a v…
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Ensuring trust online
My good friend Sanjana sent me a link to a very well put together article on online trust by Mark McElhaw. An excerpt... "To ensure site visitors continue…
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Packets 4.3 Now Available
Packets 4.3 is now available. Sign up to receive Packets here.…
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District Court Finds Plaintiff Satisfies “Case or Controversy” Requirement and Sufficiently Alleges Copyright Misuse in Declarat
Plaintiff Carol Loeb Shloss (“Plaintiff”) is the author of Lucia Joyce: To Dance in the Wake, a book describing the creative impact of Lucia Joyce on the litera…
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Court Rules on Copyright Preemption of Trade Dress Infringement and State Law Claims
Plaintiff Blue Nile, Inc. and Defendant Ice.com both own and operate online diamond and fine jewelry retail sales businesses. Plaintiff alleged that Defendant…
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Applying “Expected Norms of Intended Use,” Court Upholds Conviction for Accessing Protected Computer Without Authorization
Rejecting several challenges, the Fifth Circuit recently upheld the conviction of a University of Texas at Austin student violating the Computer Fraud and Abuse…
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Court Upholds Copyright Infringement and Unauthorized Access Claims Where A Single User License Was Shared By Multiple People
Plaintiff Therapeutic Research Faculty sued defendants – NBTY, Rexall Sundown, and Le Naturiste J.M.B. – for violating the terms of a single user license by all…
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MySpace Is Not Liable for Third Party Content and Has No Duty to Protect Users from Sexual Assault
Plaintiffs, Jane Doe and her daughter, Julie Doe, filed suit against Defendants, MySpace, Inc. and its parent company, News Corporation, for the role MySpace pl…
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Court Holds Actual Viewing or Recording Unnecessary to Establish a Cause of Action for Invasion of Privacy
Plaintiffs were employed in clerical positions on campus of defendants' residential facility for abused and neglected children. In response to a tip by the…
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District Court Declines to Exercise Personal Jurisdiction over Foreign Corporation Hosting Interactive but Non-Service Website
In a suit filed by investors in an apparent pyramid scheme, a district court for the District of Columbia held an interactive but non-service website, attractin…