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Category Archives: Cyberspace Law

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Unauthorized Downloading and Copyright Infringement

Posted in Copyright Law, Cyberspace Law, Web/Tech

Liability for copyright infringement can result when one downloads protected software without the copyright owner’s authorization.  The Ninth Circuit was recently tasked with exploring the scope and reach of copyright protection in such cases in Design Data Corp. v. Unigate Enterprise, Inc. Design Data is the creator of a computer aided design (CAD) software program… Continue Reading

From Rogue One to Forces of Destiny: A Star Wars Intellectual Property Story

Posted in Copyright Law, Cyberspace Law, Entertainment Law, Trademark Law

With last weekend’s release of Rogue One: A Star Wars Story, Star Wars is once again living and thriving. Rogue One opened with a most impressive $155 million opening in North America, and $290 million worldwide, making it the 12th largest opening in United States History. Now, this isn’t really related to intellectual property, but… Continue Reading

Locksmith Locked Out By Communications Decency Act

Posted in Cyberspace Law, Web/Tech

The Communications Decency Act (“CDA”) provides broad immunity for “providers of interactive computer services.” In essence, if an internet service provider falls within certain parameters, it is entitled to immunity against certain claims of liability brought under state law. Last month, the Ninth Circuit again considered the breadth of such immunity in the case, Kimzey… Continue Reading

Wearable Technology Raises Concerns Regarding IP, Data Privacy and Data Security

Posted in Cyberspace Law, Web/Tech

When fashion fuses with high tech, we see our friends show up with trendy wearables, such as smart watches, fitness bands, and even high-tech, designer purses.  But, trendiness aside, wearables raise numerous questions for designers, manufacturers and consumers relating to intellectual property, data privacy and data security.  For example, how does a company protect the… Continue Reading

Fair Use and Youtube – A Creator’s Take

Posted in Cyberspace Law, IP Law Blog Lawyers In The News, Web/Tech

6/25/16-  At the 7th Annual  VidCon in Anaheim, CA , Weintraub Tobin Shareholder Scott M. Hervey and Rian Bosak, Head of Network Operations Full Screen, presented  “Fair Use and Youtube- A Creator’s Take” to a standing room only audience of digital media creators and industry professionals.  Check out their presentation below:   Fair Use and Youtube- A… Continue Reading

That Would .SUCK

Posted in Cyberspace Law

The word that comes after the period in a domain name is referred to as a top level domain (“TLD”) and there seems to be a TLD for everything. There are TLDs that reflect geographic regions such as “.ASIA” for the Asia-Pacific region and .IRISH for the global Irish community. There are numerous other TLDs that… Continue Reading

Model Mayhem – The Communications Decency Act is Not a Defense to Negligent Failure to Warn Claim

Posted in Cyberspace Law, Legal Info, Web/Tech

One of the primary purposes of the Communications Decency Act (“CDA”) is to limit liability for certain internet content providers specifically protecting websites from liability for material posting on their website by a third party. In Jane Doe No. 14 v. Internet Brands, Inc., the operator of a networking site in the modeling industry sought… Continue Reading


Posted in Cyberspace Law, Web/Tech

  By: Dale Campbell & Brittany Shugart The Federal Civil Rules Advisory Committee (the “Committee”) has proposed numerous rule revisions, several of which are designed to address discovery problems related to electronically-stored information (“ESI”). ESI discovery has become extremely complex and expensive as technology continues to expand into numerous and varying communication devices and data storage. ESI is located… Continue Reading

Weintraub Tobin and LAVA Digital Media Group present “What’s Ahead For Digital Media in 2013”

Posted in Cyberspace Law

Weintraub Tobin and Moss Adams are co-sponsoring the LAVA Digital Media Group’s panel discussion: “What’s Ahead for Digital Media in 2013” on Tuesday, February 26. Making predictions in digital media can be challenging. At this time last year who even knew what Pinterest was, let alone that it would explode in popularity. Our panel will… Continue Reading

Facebook Status v. the Law

Posted in Cyberspace Law

By: Lisa Y. Wang and Matthew N. Sugarman  Some Facebook trends are more fun than others (remember the annual Doppelganger Week and the "25 Random Things About Me" trend in 2009?).  This past week a different Facebook status trend took hold: a copyright disclaimer.  Millions have been posting a copyright notice as their Facebook status… Continue Reading

Social Media Impacts: Jury Trials

Posted in Cyberspace Law

By: Nathan Geronimo I have written several articles about litigants running into trouble when their testimony is contradicted by their own postings on social media websites.  A recent case from Sacramento illustrates a unique twist on the interplay between social media and court proceedings: the effect of juror posts on a defendant’s right to a… Continue Reading

The Upcoming Internet Shift

Posted in Cyberspace Law

By: Lisa Y. Wang The internet is about to change dramatically. Since Al Gore “invented” the world wide web, users have been used to using a limited number of top-level domains (“TLD”). A top level domain is the end portion of a web address (e.g. .com, .net, .org, .biz, and .gov). A second level domain… Continue Reading

Shoulder Surfing: Can Employers Access Your Facebook Account

Posted in Cyberspace Law

By: Jeff Pietsch and Michael Robinson It is Monday morning and you are recovering from a bachelor party in Sin City. Thankfully, your privacy settings on Facebook allow you to share pictures of your shenanigans in Vegas with only your friends. But what happens when your boss asks a friend and coworker to show him… Continue Reading

Facebook Hijinks No Joking Matter

Posted in Cyberspace Law

By: Nathan Geronimo We have all participated in practical jokes.  If good-natured, executed correctly, and within the bounds of civility, practical jokes can be a fun way to get closer to people.  However, sometimes jokes can be anything but funny, and in the worst cases can constitute a crime.  In a recent case involving social… Continue Reading

Second Circuit Holds that YouTube Is Not Protected by the “Safe Harbor” Provisions of the Digital Millennium Copyright Act

Posted in Cyberspace Law

By: David Muradyan Online service providers and operators of such sites should take careful note of the Second Circuit Court of Appeals’ recent decision in Viacom Int’l, Inc. v. YouTube, Inc., Case No. 10-3342-cv (“Viacom”), where the court held that service providers and operators will not be protected from the safe harbor provisions of the… Continue Reading

Virtual Pet Owners Sue Google over Virtual Gold

Posted in Cyberspace Law

By: Jeff Pietsch What happens when someone takes your virtual goods?  You know, the virtual goods that you earn or buy by playing games such as Farmville or Second Life.  Usually, these goods are in the form of virtual objects such as weapons or special character features.  Virtual goods can also be in the form… Continue Reading

Don’t Blog on Me

Posted in Cyberspace Law, Privacy

By: Nathan Geronimo A few months ago I wrote about the dangers of posting information online that contradicted your own contentions when involved in litigation.  I cited to cases where posts on social networking sites were used as evidence against plaintiffs in civil cases.  A recent case involving blogs and social networking sites illustrates yet another… Continue Reading


Posted in Cyberspace Law, Web/Tech

By Zachary Wadlé In my last column of 2011 I wrote about the proposed “Stop Online Piracy Act” (“SOPA”) introduced in the United States Congress to provide the government with enhanced, but highly controversial, tools to fight online copyright infringement. As I noted, SOPA “spawned a fierce public relations and lobbying battle between Silicon Valley and… Continue Reading

Hollywood and Silicon Valley Spar Over Proposed “Stop Online Piracy Act”

Posted in Copyright Law, Cyberspace Law, Entertainment Law, Web/Tech

By Zachary Wadlé On Oct. 26, 2011, the Stop Online Piracy Act “SOPA” (H.R. 3261) was introduced in the United States House of Representatives. One of SOPA’s primary goals is to address the continuing problem of online digital piracy of counterfeit movie, music, and other copyrightable works engaged in through foreign websites.  The 1998 Digital Millennium… Continue Reading

The First Amendment and Anti-Trust False Advertising Injunctions

Posted in Cyberspace Law

By James Kachmar Although courts routinely grant permanent injunctions to curtail deceptive marketing practices, they sometimes struggle with whether an injunction impermissibly violates a party’s rights under the First Amendment. In, Inc. v. EDriver Inc., the Ninth Circuit struck down one such injunction finding that it was overbroad and violated the defendants’ First Amendment… Continue Reading

The Trouble With Torrents

Posted in Copyright Law, Cyberspace Law

Most of us easily will recall one of the first uses of the internet: Napster. While Napster thrilled users with the prospect of “free” music and the ability to locate those obscure songs you thought were lost when your last vinyl LP record broke, its widespread use was devastating to the retail music industry and infuriated… Continue Reading

Technicalities Surrounding Statutory Damages Under The Copyright Act Trigger Suit Against Law Firm Prosecuting Online Infringement Actions

Posted in Copyright Law, Cyberspace Law, Entertainment Law

  By Scott Hervey The motion picture industry’s battle against cyber piracy took an interesting twist when an individual who allegedly engaged in the illegal downloading of the movie Far Cry filed a lawsuit against the Copyright Group and the law firm that has filed numerous suits against thousands of alleged infringers.  To date, the… Continue Reading