Packets: Wednesday, February 2, 2006, Volume 3, No. 6

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Google Cache Does Not Directly Infringe Site Author’s Copyright

The United States District Court for the District of Nevada granted Defendant Google, Inc.’s motions for summary judgment, finding Defendant did not infringe Plaintiff web site author’s copyright by maintaining a copy of Plaintiff’s works in its online cache and allowing search engine users access to the cached copy.
In a recent decision, a U.S. District Court set standards that would indicate what on-line activities would and would not constitute racketeering under RICO, the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1962(c).
The Court of Special Appeals of Maryland reinstated the Maryland Commercial Electronic Mail Act (MCEMA), reversing a Circuit Court ruling holding that MCEMA violated the Commerce Clause of the United States Constitution. The Court also reversed the lower court’s holding that Maryland lacked personal jurisdiction over defendant First Choice Internet, Inc.
The United States District Court for the District of Massachusetts, in a case of apparent first impression, held that an email sent from the domain name of a company was not enough, standing alone, to cloak an agent in apparent authority that would allow him to bind that company to a contract. In the case, defendant Recovery Express, Inc.