LEGAL INSIGHTS AND NEW DEVELOPMENTS IN INTERNET LAW & ONLINE BUSINESS

Youku Tudou & The State Of Online Copyright Infringement

Posted on 18 December, 2013 in Intellectual Property, Internet Law and Intellectual Property, Technology Law by aaronklaw

Copyright infringement here; copyright infringement there; copyright infringement everywhere! But fear not 20th century hold-outs, for the U.S.A.’s very own Motion Picture Association of America is at the vanguard of another international intellectual property war. That’s right folks, the MPAA and a handful of media companies joined forces to fight the mighty Baidu – one of China’s largest Internet companies valued at $45.7 billion. And last week, in David and Goliath fashion, the posse of analogues won a judgment against Baidu for…..drum roll…….$78,560. The plaintiffs had asked for $10 million. (Cue The Price Is Right loser “whomp, wah”.)
How does the [...]

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Online Copyright Infringement Question: Can You Blog About Something Before It Airs In Your Time Zone?

Posted on 24 May, 2013 in Intellectual Property, Internet Law and Intellectual Property by aaronklaw

For the most part, the Manti Te’O girlfriend scandal is long-forgotten fodder. But Dr. Phil McGraw’s people don’t want to let the scandal slide. The pop-psychology pioneer is suing Gawker Media for allegedly spoiling his two-part interview with Ronaiah Tuiasosopo – the mastermind behind the Te’O prank. To clarify, Dr. Phil, the man, is not suing Gawker; instead, Peteski Productions, the company that owns the Dr. Phil Show’s copyrights, is the plaintiff in this high-profile online copyright infringement case.
Specifically, the plaintiffs are arguing Gawker posted the outcome of a “cliffhanger” interview before the show aired in most markets. At [...]

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Aaron’s Law: A Necessary Change to the CFAA

Posted on 24 January, 2013 in Intellectual Property, Internet Law and Intellectual Property by aaronklaw

Sadly, Aaron Swartz recently took his own life. An oppressive federal lawsuit, over a victim-less crime, is thought to be the true impetus for his death. If Swartz had lost the suit, it would’ve meant a multi-decade prison sentence for the computer genius.
To ensure nobody else in Aaron’s position feels forced to make the same ultimate sacrifice, Rep. Zoe Lofgren wants to change the law. The congresswoman from California introduced Aaron’s Law, an amendment to the Computer Fraud and Abuse Act.
Aaron’s Story: Genius with a Yen for Information
Ever used an RSS feed? You can thank Aaron Swartz for that. As [...]

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An Illegal Downloading Lawsuit May Be Headed To 1 First Street

Posted on 18 December, 2012 in Intellectual Property by aaronklaw

Will 2013 be the year that the Supreme Court of the United States accepts an illegal music downloading case? If K.A.D. Camara has anything to say about it, then “yes,” it will be. For about five years, K.A.D. Camara has represented Jammie Thomas-Rasset, a music “pirate” sued by the Recording Industry Association of America for illegally obtaining – via the Internet – 24 songs. After years of litigation, Camara filed a writ of certiorari, with hopes that the highest court in the land will debate and decide on whether or not the financial awards handed down in illegal downloading lawsuits are [...]

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The iPad Data Security Lawsuit — What’s Next?

Posted on 25 November, 2012 in Intellectual Property, Internet Law and Intellectual Property, Technology Law by aaronklaw

On June 9th, 2010, Gawker.com ran a story about Andrew Auernheimer (a.k.a., weev) and Daniel Spitler (a.k.a., JacksonBrown), two hackers from the Goatse Security team (GoatSec). Five weeks after Apple’s 3G-enabled iPad was released, Auernheimer and Spitler uncovered a gaping security hole, singular to the 3-G hardware, which exposed personally identifiable information of AT&T customers.
Last week, one of the bug hunters was convicted on one count of conspiring to access a computer without authorization – a violation of the Computer Fraud and Abuse Act (CFAA) — and one count of fraud. To add insult to injury, his former hacking partner [...]

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