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Tag Archives: Cyberspace Law

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

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

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

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