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F & F


First Supreme Court brief filed in Grokster argues
posted by scubacuda on Sunday January 23, @03:25PM
from the dept.
Copyright John Mitchell writes "The first brief on the merits before the Supreme Court in MGM Studios v. Grokster was filed Friday, January 21, by the Video Software Dealers Association. The brief suggests that while p2p systems may be used for infringing and noninfringing uses, courts should consider whether technologies may be used to reduce infringing uses without over-burdening the system provider, the freedom of speech for non-infringing uses (including by copyright owners who want p2p systems to be used to reach their audiences) or the freedom of competition (including first sale doctrine principles) of retailers and all intermediate software and services (OS, media players, codecs)that make downloading and playback possible. Bringing a retailer perspective, it strikes a balance of respect for copyright and respect for the limits the law places on those copyrights. The brief is available (in PDF) at http://interactionlaw.com/id5.html and at http://www.vsda.org/Resource.phx/vsda/government/p ositionstatements/grokster.htx."

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Important victory for Google – Adwords legal!
posted by scubacuda on Monday September 27, @01:01AM
from the dept.
Trademark Stephan Ott writes "According to AP a state court in Hamburg on Tuesday rejected a German company's lawsuit against Google over allegations the Internet search engine allows rival companies to buy ads using trademarked terms. This lawsuit is just one of many that Google faces in Europe and in the USA because of its trademark policy. So far only German courts have decided in favour of Google. The internet search giant lost a lawsuit in France and is awaiting its first judgement in the USA.


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Lessig files new challenge to copyright laws
posted by scubacuda on Monday March 22, @07:41PM
from the do-3-copylefts-make-a-copyright? dept.
Copyright Anonymous Coward writes "Larry Lessig and his friends at the Stanford Law School Center for Internet and Society today filed a new constitutional challenge to the copyright laws. The focus of the new lawsuit (styled Kahle v. Ashcroft) is the consequences of the removal of "formalities" like registration, notice and renewal from copyright, and the resulting creation of a large class of "orphan" works (i.e., works that are not commercially viable, but nonetheless remain under copyright and are therefore not easily available for others to archive, preserve, and build on). Take a look at http://cyberlaw.stanford.edu/about/cases/kahle_v_a shcroft.shtml for a copy of the complaint, press release, and FAQ."

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Ca. Supremes in Intel: No Damage, No Tort
posted by turmis on Tuesday July 01, @04:40PM
from the No-more-Mr.-nice-emailer dept.
News The California Supreme Court handed down a much-anticipated decision in Intel v. Hamidi yesterday. The court ruled 4-3 that under California law the tort of trespass to chattels does not apply to an electronic communication that neither damages nor impairs the functioning of a computer system. Trespass to chattels requires some actual harm to the property in question, or to the possessor’s interest in it. The court rejected out of hand the court of appeals ruling that by using Intel’s property to cause a disruption, Hamidi had committed a trespass to chattels; and stated that the dispositive issue in the case is whether “Hamidi’s actions caused or threatened to cause damage to Intel’s computer system, or injury to its rights in that personal property.” The ruling is discussed in more detail below, along with some interesting comments the court made about the amicus arguments, and a fairly innocuous statement about the First Amendment implications that could have larger effects in future cases.

The court was careful to distinguish the CompuServe (ISP suing Spammer) line of cases, stating that...

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Edelman v. N2H2 Case is Now Closed
posted by scubacuda on Tuesday May 27, @05:24PM
from the N2H2's-CIPA-compliant-solution-can-now-continue-protecting-children dept.
Copyright David Burt writes "After Edelman v. N2H2 was dismissed in April, the appeal deadline passed on Monday, 5/19. N2H2 was not served with any notice of appeal, and the court docket shows no notice has been filed. So Edelman v. N2H2 is now officially closed." Edelman's page HERE.

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DeCSS indictment in English
posted by macgill on Tuesday August 13, @01:42PM
from the translations-as-news dept.
Criminal Law Anonymous Coward provides an english translation of the Johansen indictment (see below) and writes:"[NOW GET THIS!!!]The access was illicit because the DVD movies were sold with the prerequisition that the DVD user should use authorised playing equipment and respect the copy protection.The aquisition of the movies in unprotected form has caused damage because the rights holders no longer have protection against illicit spreading of the movies. General concerns demand prosecution."

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Paramount v. ReplayTV, Order (C.D. Cal. 5/30/02)
posted by md on Wednesday June 19, @09:36PM
from the dept.
Civil Liberties Court overturned prior ruling that would have required SonicBlue to track its customer's viewing habits. PDF Decision.

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American Library Assn v. U.S. (E.D. Pa. 6/2/02)
posted by md on Wednesday June 19, @09:27PM
from the dept.
Censorship Three judge panel ruled that the Children's Internet Protection Act violates the First Amendment. The court found that the law blocks access to non-prohibited sites in a haphazard fasion that limits the rights of those using computers in librarires required to filter Internet browsing. PDF Opinion.

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Consumer Federation of America Digital Divid Report (5/30/02)
posted by md on Wednesday June 19, @09:25PM
from the dept.
News A report on the "digital divide" in the United states, stating that nearly 2/3 of Americans have access to the Internet but poorer citizens are much less likely to be online. PDF Report.

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Hughes v. McMenamon, Order (D. Mass. 5/30/02)
posted by md on Wednesday June 19, @09:22PM
from the dept.
News Court ruled that Massachusetts man was bound to a forum selection clause in AOL click-wrap contract was valid and enforceable. PDF Opinion

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Humanity has the stars in its future, and that future is too important to be lost under the burden of juvenile folly and ignorant superstition. - Isaac Asimov

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