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Wine-by-Mail Ban Struck Down Under Dormant Commerce Clause
The Sixth Circuit considered whether the dormant Commerce Clause prevented the state of Michigan from treating in-state and out-of-state wineries differently wi…
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Ninth Circuit Rules Online Matchmaking Service Statutorily Immune for Identity Theft of TV Actress
In what it called a case of “cruel and sadistic identity theft,” the Ninth Circuit ruled that an online matchmaking service, Matchmaker.com was statutorily immu…
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Court Denies Verizon’s Motion to Quash RIAA’s Subpoena and Motion to Stay Pending Appeal.
The Recording Industry Association of America (RIAA) served two separate subpoenas, both under the Digital Millennium Copyright Act (DMCA), on Verizon Internet…
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Stay of New FCC Ownership Rules
The Prometheus Radio Project is an unincorporated organization whose goal is to provide support for the creation of low-power, non-commercial radio stations. P…
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Ninth Circuit Court of Appeals: Stored Communications Act and Computer Fraud and Abuse Act Provide Cause of Action for Plaintiff
The Ninth Circuit held that plaintiffs whose private e-mail messages were disclosed under a “patently unlawful” subpoena could sue the defendant who issued the…
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Free Speech Challenge to Trade Secret Injunction Rejected in California DeCSS Case
In October 1999, Andrew Bunner posted DeCSS—code that can be used to defeat CSS copy protection on DVDs—on his website, and the DVD Copy Control Association (“D…
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Court Strikes Infringement Action against Pop-ups’ Provider
WhenU.com’s pop-up advertising software typically comes bundled with free downloadable software. The pop-up advertising software resides on the user’s computer,…
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FORDWORLD.COM Registrant, Held in Violation of ACPA
Peter Catalanotte, defendant-appellant, registered the domain name on January 21, 1997. Never having operated any website using this domain name, Catalanotte…
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Summary Judgment Denied in DMCA Garage Door Opener Case
The District Court for the Northern District of Illinois, Judge Rebecca R. Pallmeyer, denied a motion for summary judgment against Skylink Technologies, Inc., m…
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Actual Damages Denied for Overseas Copyright Infringement
At issue was whether the copyright owner should be permitted to recover actual damages beyond the defendant’s profits, where the profits resulted from the overs…
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Ninth Circuit Overturns Denial of Attorneys’ Fees in Copyright Case
The plaintiffs, the Traditional Cat Association and its head Diana L. Finerman, sued the defendants for using the name “Traditional Cat Association.” The case…
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Matt Neco
Monday September 22, 2003 12:30 – 1:30 p.m. Room 80 (Moot Courtroom) Free and Open to all! Lunch Served On the heels of filing its response brief before the 9t…