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Category Archives: Cyberspace Law

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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

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 TrafficSchool.com, 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

The Ninth Circuit expands the scope of the Anticybersquatting Consumer Protection Act: cybersquatters may no longer use a domain name with a bad faith intent to profit from the protected mark by holding the domain name for ransom

Posted in Cyberspace Law

By: David Muradyan Does the Anticybersquatting Consumer Protection Act impose liability upon cybersquatters who innocently register a domain name and properly use it for many years, but who then use a domain name with a bad faith intent to profit from the protected mark by holding the domain name for ransom? In DSPT Int’l, Inc…. Continue Reading

Transfers of Information From The EU to the USA Must Comply with Enhanced Data Protection Protocols

Posted in Cyberspace Law

By Scott Hervey In October, 1998 the EU enacted the European Commission’s Directive on Data Protection (“Directive”) which, among other things, established a comprehensive approach to the protection of various forms of data, and prohibits the transfer of an individual’s personal data to non-EU nations that fail to meet the EU’s “adequacy” standard for privacy… Continue Reading

Need To Enforce A Judgment? Levy A Domain Name.

Posted in Cyberspace Law, Trademark Law

By W. Scott Cameron The Ninth Circuit issued an interesting ruling last week regarding the ownership and status of a domain name as property. In Office Depot, Inc. v. Zuccarini, ___ F.3d ___, Feb. 26, 2010, the Ninth Circuit ruled that a judgment creditor can levy a domain name of a judgment debtor to satisfy his… Continue Reading

Unwanted Text Messages Does Not Equal Computer Fraud and Abuse

Posted in Cyberspace Law

by Jeff Pietsch A federal district court in Minnesota dismissed claims made under the Computer Fraud and Abuse Act (18 U.S.C. § 1030) (“CFAA”) for the receipt of unwanted text messages. The CFAA, which was originally adopted as criminal law to prohibit actions that damaged another’s computer system or stealing information from it, now permits a… Continue Reading

MySpace Not Liable For Sexual Assault of its Users

Posted in Cyberspace Law

By Jeff Pietsch On June 30, 2009, the Second District Court of Appeals in Los Angeles affirmed the judgment of a lower court and held that internet servers like MySpace cannot be held liable when minors are sexually assaulted by adults they meet through the website.   The plaintiffs representing the four minor “Julie Does” and… Continue Reading

Plausibility – Is It The New Pleading Standard In Federal Courts?

Posted in Cyberspace Law

By Scott Cameron Intellectual property law is governed by an assortment of federal laws and also several state laws. Trademarks, trade dress, copyrights, patents, and antitrust are all protected by federal statutes and a complaint alleging a violation of these rights can usually be filed in or removed to federal court. Therefore, intellectual law practitioners are generally… Continue Reading

Posted in Copyright Law, Cyberspace Law, Entertainment Law

By Sarra Ziari On August 20, 2008, in Lenz v. Universal Music Corp., Judge Fogel of the United States District Court, N.D. California ruled that copyright owners must consider fair use before issuing takedown notices under the Digital Millennium Copyright Act (“DMCA”), and issued a warning against the misuse of takedown notices by overreaching copyright… Continue Reading

Viacom V. Youtube: Are Our Internet Privacy Rights Really In Danger?

Posted in Copyright Law, Cyberspace Law, Entertainment Law

By: Dale C. Campbell and Serena Crouch, Third Year Law Student at McGeorge School of Law Internet users and privacy advocates across the nation fear they are losing the continuing battle to protect internet privacy rights.  A court decision in a lawsuit between Viacom and YouTube.com is the most recent battlefield regarding data likely to provide… Continue Reading

Internet Search Adwords: Are Your Trademarks Protected?

Posted in Cyberspace Law, Trademark Law

By Dale C. Campbell Search engine websites sell keywords as a component of their advertising programs. By purchasing an advertising keyword, a business’s advertisement will appear next to the search results whenever a person enters the advertising keyword as a search term. Trademark questions arise whenever a competitor purchases an advertisement keyword that is confusingly similar to… Continue Reading

Google Loses Initial Cybersquatting Battle

Posted in Cyberspace Law

By Jeffrey Pietsch Google may soon be facing an expensive and damaging class action lawsuit. A federal court ruled last month that Google can be sued for its role in serving ads on websites that use domain names that violate trademark and cybersquatting laws. This case is significant because Google is not the owner or… Continue Reading

E-DISCOVERY: ETHICAL RULES REMAIN UNCHANGED

Posted in Cyberspace Law

By Dale C. Campbell Lawyers can’t turn around without being bombarded with CLE brochures announcing yet another e-discovery workshop. Electronic discovery is a new medium for storing information, but the time-tested rules concerning an attorney’s ethical duty to the court and opposing counsel in connection with discovery have not changed. On January 7, 2008, Magistrate Judge Barbara L…. Continue Reading

Fantasy Sports League Hits It Out Of The Park In Challenging MLB’s Ownership Of Player Statistics

Posted in Cyberspace Law, Entertainment Law, Trademark Law

By Scott Hervey Just how valuable are baseball statistics? Apparently very valuable. In fact, baseball statistics are so valuable that CBC Distribution and Marketing, which has run the CDM Fantasy Sports leagues since 1992, sued Major League Baseball and challenged its ownership claim over player statistics.   In a matter which rose all the way to the United… Continue Reading