August 15th 2009
Eric Goldman at the Technology & Marketing Law blog recounts a hysterically misguided ruling in Colorado, which holds a hospital liable for trademark and copyright infringement because they mention the ranking they received from a health quality website. You can’t copyright a number Imagine enjoining rock bands from saying Billboard ranked them #1, because that […]
August 10th 2009
A 50-person law firm with a national practice in asbestos litigation found that the text of its Elder Law website was copied verbatim as the basis for a new site for a firm in another part of the state. The plaintiff firm, Brayton Purcell, filed suit claiming copyright infringement, false advertising, unfair competition and misappropriation. […]
July 15th 2009
In a ruling that could cause shockwaves throughout the online legal community, a federal judge in Seattle has held that IP addresses are not personally identifiable information. According to U.S. District Court Judge Richard Jones: “In order for ‘personally identifiable information’ to be personally identifiable, it must identify a person. But an IP address identifies […]
July 10th 2009
There is a growing disconnect between the legal staff who write terms of use for websites, those who operate the site, and site visitors. I’ve come to believe that each level of disconnection introduces new sets of legal risks, which this story only start to illustrate. Chris Soghoian observed in CNET that Google’s terms of […]
June 25th 2009
The Republican Governors’ Association has launched an attack website against Democrat New Jersey Gov. Jon Corzine. The site, called the Corzine Times, is formatted to resemble the New York Times. The grey lady has sent a cease and desist letter to the Republican governors. The demand letter claims trademark infringement, claiming that similar logos and formats […]
June 18th 2009
Jammie Thomas, a young mom who has become the Joan of Arc of file sharing, was found guilty of violating 24 song copyrights, and fined 1.92 million dollars, yep, about 80k per tune. Justice? Ars Technica The jury found Thomas-Rasset’s conduct to be willful, which means that statutory damages under the Copyright Act can range […]
April 28th 2009
Recently, the people over at Wikipedia.org have had a bee in their bonnet about a site called WikipediaArt.org. Wikipedia doesn’t like this other site using its name in their domain name, and is threatening to pursue legal action against WikipediaArt.org for trademark infringement. According to WikipediaArt.org: This web site documents performance art work that promotes […]
April 10th 2009
The Associated Press plans to go after news aggregators legally and through legislation (whatever that means) who ‘take’ AP headlines and related content. Despite the obvious arguments of Fair Use and the fact that aggregators drive traffic to AP affiliated newspapers or even to the AP itself, AP Board Chairmen Dean Singleton sees it very […]
March 30th 2009
While commenting on New Zealand copyright law, Google makes some interesting facts known about the DMCA. According to an article in New Zealand PCWorld: Google notes that more than half (57%) of the takedown notices it has received under the US Digital Millennium Copyright Act 1998, were sent by business targeting competitors and over one […]
March 17th 2009
Video distribution sites such as YouTube, Metacafe, and DailyMotion host video files that can infringe the rights of content owners and brand holders. Until now, if you’ve needed to protect video assets, its been tough because video files are easily reformatted, edited, and distributed with changed metatags. Now, a tier of start-ups are competing both to […]
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