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Bay Area Blawgers Get-Together (with new parent caveat)
The month of February has been a blur, primarily spent doing all (and then some) of the new parent things about which I was warned and cautioned. So, for the t…
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Packets 4.2 now available
Packets is production of the Stanford Center for Internet & Society (CIS). It is written by members of the Stanford Law and Technology Association (SLATA),…
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District Court Finds Failure to Demonstrate Circumvention of a Technological Measure in DMCA Claim Involving User Detection Feat
Plaintiff Auto Inspection Services, Inc. (“AIS”) owns the copyright to an automotive inspection program (“AIS’s Program”) that contains a quality control featur…
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Supreme Court Holds Licensees in Good Standing May Seek Declaratory Judgment on Patent Validity, Enforceability, or Infringement
Petitioner MedImmune entered a patent license agreement with respondent Genentech in 1997. Under the arrangement, MedImmune agreed to pay royalties on sales of…
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Government May Retain Intermingled Evidence Seized from MLB Drug Testing Labs
As part of its ongoing investigation into the Bay Area Lab Cooperative (“Balco”) and its alleged distribution of steroids to professional baseball athletes, the…
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Court Declines to Follow Other Circuits on Use of Trademarks in Metadata
Declining to follow similar cases in other circuits, a federal district court for the Eastern District of Pennsylvania ruled that a website’s attempt to increas…
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An Ohio District Court Rejects a Constitutional Claim for Privacy in Personal Information When the Only Identifiable Risk is Fin
Lambert filed suit against Greg Hartmann and the Hamilton County Board of County Commissioners under 42 U.S.C. § 1983 for violating her constitutional right of…
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Providing Unauthorized Link to Live Audio Webcast Likely Constitutes Copyright Infringement
Plaintiff, formerly SFX Motor Sports, Inc. (now Live Nation Motor Sports, Inc.), produces motorcycle racing events known as Supercross and broadcasts these race…
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Federal Circuit Rules That Explicit Assignment of Right to Sue without Transfer of All Substantial Patent Rights Is Insufficient
The court started its analysis by re-stating that there are three groups of parties that are entitled to bring a patent suit: (1) patentee, (2) successors in ti…
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Second Circuit Upholds Finding of Fair Use in “Appropriation Art” Piece
The Second Circuit upheld a summary judgment finding of fair use by the U.S. District Court for the Southern District of New York in a case involving “appropria…
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Glenn Smith comes to my rescue
Glenn Smith sets the record straight on Brooks: "Isn't it a bit transparent when those who hold or seek power tell us that their power is all that will…
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A few illustrative tradeoffs
Matt Tabbibi makes some interesting points on Alternet: "If the Estate Tax were to be repealed completely, the estimated savings to just one family... woul…