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Category Archives: Web/Tech

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Googling Google

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

“I googled it …” has become ubiquitous in every day conversation. Many of us refer to “googling” as the act of searching the internet regardless of whether we use the Google search engine to do so.  But has our everyday use of the verb “googling” rendered the Google trademark unprotectable?  “Nope,” said the Ninth Circuit… Continue Reading

Lawsuits are the Inevitable Cost of YouTube Success

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

Whenever there is a report of a YouTube creator being sued for copyright infringement, the response from the creator and the community seems to be one of shock and surprise.  The truth is, successful YouTube content creators should not be surprised when they get sued for copyright infringement.  Any person or company that creates content… Continue Reading

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

Divided Infringement – Expanding Patent Infringement Liability

Posted in Patent Law, Web/Tech

By Audrey Millemann In 2015, the Federal Circuit Court of Appeals cast the net of patent infringement liability even more broadly, to cover direct infringement by “divided” (or “joint”) infringement.  Akamai Technologies, Inc. v. Limelight Networks, Inc., 797 F.3d 1020 (Fed. Cir. 2015) (“Akamai V”).  In that case, the Federal Circuit established that a defendant… Continue Reading

“It’s In The Game” – Proof Issues In Software Copyright Infringement Cases

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

A recent Ninth Circuit decision in Antonick v. Electronic Arts, Inc. (filed Nov. 22, 2016), shows some of the proof issues that a plaintiff may encounter in prosecuting claims for copyright infringement in connection with software.  A jury found in favor of plaintiff’s claims of infringement; however, the trial court granted the defendant’s motion for… Continue Reading

Federal Circuit Takes A Common Law Approach to “Abstract Idea” Determinations in Alice Cases

Posted in Copyright Law, Entertainment Law, Legal Info, Patent Law, Trademark Law, Web/Tech

By:  Eric Caligiuri In Amdocs (Israel) Ltd. v. Openet Telecom Inc. et al., the U.S. Court of Appeals for the Federal Circuit recently upheld four software patents against a patent-eligibility challenge, finding that the patents do not claim an “abstract idea.”  The patent challenge was under the frame work set out by the U.S. Supreme… 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

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

PROPOSED RULE CHANGES REGARDING E-DISCOVERY

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

California Passes New Privacy Law That May Require Revisions to Most Online Privacy Policies.

Posted in Privacy, Web/Tech

 By: Scott Hervey Once again, California leads the nation in passing online privacy consumer protection legislation. On September 30, 2013 Governor Jerry Brown signed into law A.B 370 which adds new provisions to California’s existing Online Privacy Protection Act (Business and Professions Code Section 22575).  These new provisions require the operators of websites, online services and  mobile… Continue Reading

“The Role of Digital Media in Influencing Public Perception and Behavior” Panel Discussion

Posted in Web/Tech

Join us March 26! Weintraub Tobin and the LAVA Digital Media Group will host a panel discussion: "The Role of Digital Media in Influencing Public Perception and Behavior" on Tuesday, March 26. Digital Media plays a significant role in creating and defining cultural norms and influencing individual behavior. Join our panel of experts in a… Continue Reading

Bloggers’ Rights and anti-SLAPP

Posted in Web/Tech

By Lisa Y. Wang One usually thinks of a librarian as a calm and lawsuit-free job. However, a librarian in Canada is facing a $3.5-million lawsuit over a personal blog post he wrote three years ago. Dale Askey, an associate librarian at McMaster University, is being sued by Edwin Mellen Press Ltd., an international academic publishing company,… Continue Reading

Revisiting the “Safe Harbor” Provisions of the DMCA

Posted in Copyright Law, Entertainment Law, Web/Tech

By: James Kachmar In late December, the Ninth Circuit revisited the “safe harbor” provisions of the Digital Millennium Copyright Act (“DMCA”) in the case UMG Recordings, Inc. v. Veoh Networks, Inc., 101 U.S.P.Q.2D (BNA) 1001. Veoh is a web service that allows users to view videos uploaded by other users.   Veoh was sued for copyright infringement… Continue Reading

Court Finds Kinect and Kinbox Not Kinected

Posted in Trademark Law, Web/Tech

By Nathan Geronimo Kinbook, LLC, an online social networking company, recently sued Microsoft for unfair competition and reverse trademark infringement in United States District Court.  (Kinbook, LLC v. Microsoft Corp.,2012 U.S. Dist. LEXIS 8570.) Kinbook created a Facebook application called “Kinbox,” which allows Facebook users to create private sub-social networks for sharing of information within… Continue Reading

ONLINE PIRACY WAR HEATS UP

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

At Some Point, Litigation Must Come To an End

Posted in Copyright Law, Trade Secrets, Web/Tech

By Dale Campbell The Ninth Circuit has attempted to end the disputes arising from the creation of Facebook. As dramatized in the Hollywood blockbuster, The Social Network, the Winklevoss twins and other Harvard graduates claimed that Mark Zuckerberg stole the idea for Facebook from them. The Winklevosses claimed they conceived and created the idea for a social… Continue Reading

Online Ticket Resellers Immune Under the Communication Decency Act

Posted in Web/Tech

By: Jeffrey Pietsch A New Jersey Superior Court recently granted summary judgment in favor of online ticket resellers who were sued by the New Jersey Attorney General’s Office for violating New Jersey’s Consumer Fraud Act and Advertising Regulations. The summary judgment was granted by the court based on the immunity provided by Section 230 of the… Continue Reading

The Seventh And Ninth Circuits Split On What Constitutes “Without Authorization” Within The Meaning Of The Computer Fraud And Abuse Act

Posted in Trade Secrets, Web/Tech

By Dale C. Campbell and David Muradyan The Seventh Circuit and the Ninth Circuit do not agree on what constitutes “authorization” under the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (2004) (“CFAA”)?  The CFAA prohibits accessing computers “without authorization” or “exceed[ing] authorized access” to take various forbidden actions, ranging from obtaining information to… Continue Reading

Online Retailer Not Liable for Libelous User Posts

Posted in Web/Tech

by Jeff Pietsch In a recent case from the Eastern District of Missouri, Cornelius v. DeLuca (E.D. Aug. 18, 2009), the district court addressed whether a fitness website and online retailer was liable for negative comments and reviews posted by users concerning plaintiffs’ dietary supplements.  In Cornelius, plaintiffs Cornelius and Syntrax Innovations, Inc. alleged that… Continue Reading