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CyberLaw.Info Blog :: News Headlines
Welcome to CyberLaw.Info... the cyberspace station at the junction of technology, entertainment and law. |
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· I Will Always Love You Whitney...
(Mar 02, 2012)
· Farewell Etta James
(Jan 20, 2012)
· Clients In The News :: Luther Campbell for Miami Mayor 2011
(Jan 17, 2011)
· Cloud Law
(Jan 14, 2011)
· Principal May Be Sued Individually for Chilling Student's 1st Amendment Rights
(Feb 17, 2010)
· Toronto Radio Podcast on Cyberbullying
(Dec 16, 2009)
· Embedded Metadata Subject to Discovery
(Oct 30, 2009)
· Kaleidescape Ruling Overturned
(Aug 13, 2009)
· Judge Patel Gets Real
(Aug 12, 2009)
· No Attorneys Fees For Dismissal Of Copyright Case
(Aug 09, 2009)
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| Cloud Law |
| on Friday, January 14, 2011 - 11:08 AM Posted by: admin |
Cloud Law Systems :: Cloud Law Office Practice Management and Billing Software
CLOUD LAW is downloadable software, available at http://cloudlawsystems.com, you install on your own web server that provides web based law practice management applications and services designed specifically for lawyers by lawyers. With CLOUD LAW, your paperless virtual law office is conveniently centrally located at your web site and comes right out of the box with all the features you need for 5 attorneys to have 24/7 access. With internet access, law firms can do anything anywhere at anytime from one secure location. |
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Read more... (1112 bytes more)  CyberLaw.Info |
| Principal May Be Sued Individually for Chilling Student's 1st Amendment Rights |
| on Wednesday, February 17, 2010 - 12:00 AM Posted by: admin |
Pembroke Pines, FL. In Katherine Evans v. Peter Bayer, US District Court for the Southern District of FL (2008), Magistrate Judge Barry Garber ruled against Peter Bayer's, Principal of Pembroke Pines Charter High School, motion to dismiss the case against him individually for suspending Katherine Evans, a senior, who set up a Facebook page to complain about her teacher. Magistrate Garber agreed that Evans' First Amendment rights were chilled and Bayer had personal exposure to suit. Read the complaint here. |
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CyberLaw.Info |
| Toronto Radio Podcast on Cyberbullying |
| on Wednesday, December 16, 2009 - 12:00 AM Posted by: admin |
Toronto Radio NewsTalk 1010 host Jamie Hofing interviewed Elliot Zimmerman on Dec. 16, 2009 regarding whether students have a right to be mean online. A recent LA Times article reported that a Beverly Hills school suspended an 8th grade student who posted a video on YouTube with several other students calling yet another student "spoiled," a "brat," and a "slut." Read the article here.
The suspended student took the case to federal court, saying her free speech rights had been violated. See J.C. v. Beverly Hills Unified School District, Case No. 08-cv-03824, California, U.S. District Court (2009). Last month, U.S. District Court Judge Stephen V. Wilson sided with her. "To allow the school to cast this wide a net and suspend a student simply because another student takes offense to their speech, without any evidence that such speech caused a substantial disruption
of the school's activities, runs afoul of the law," wrote Judge Wilson in a 60 page opinion. |
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CyberLaw.Info |
| Embedded Metadata Subject to Discovery |
| on Friday, October 30, 2009 - 09:40 AM Posted by: admin |
The Arizona Supreme Court ruled on Thursday, October 29, 2009, in Lake vs. City of Phoenix, CV-09-0036-PR that:
Arizona law provides that “[p]ublic records and other matters in the custody of any officer shall be open to inspection by any person at all times during office hours.” Ariz. Rev. Stat. (“A.R.S.”) § 39-121 (2001). The City of Phoenix denied a public records request for metadata in the electronic version of a public record. We today hold that if a public entity maintains a public record in an electronic format, then the electronic version, including any embedded metadata, is subject to disclosure under our public records laws.
Click here to read the full opinion. |
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CyberLaw.Info |
| Kaleidescape Ruling Overturned |
| on Thursday, August 13, 2009 - 09:37 AM Posted by: admin |
On August 12, 2009, just one day after Judge Marilyn Hall Patel ruled against RealNetworks, Inc. and RealNetWorks Home Entertainment, Inc. ("RealNetworks") granting DVD Copy Control Association, Inc. ("DVD CCA") and several motion picture studios a preliminary injunction that prevents RealNetworks from selling or licensing its RealDVD software [ RealNetworks, Inc. et al. v. DVD CCA et al., Case No. C 08-04548 MHP (N.D. Ca. 2008)], the California Court of Appeals for the Sixth Appellate District (Santa Clara) overturned a trial court's finding that Kaleidescape, Inc.'s DVD copy product did not violate its DVD CCA contract. Click here to see the Order in DVD CCA v. Kaleidescape, Inc., Case No. H031631 (Santa Clara County Super. Ct. No. CV031829). The appellate court remanded the case for trial.
See related article at www.CyberLaw.Info:Judge Patel Gets Real |
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CyberLaw.Info |
| Judge Patel Gets Real |
| on Wednesday, August 12, 2009 - 09:35 AM Posted by: admin |
On August 11, 2009, Judge Marilyn Hall Patel ruled against RealNetworks, Inc. and RealNetWorks Home Entertainment, Inc. ("RealNetworks") granting DVD Copy Control Association, Inc. ("DVD CCA") and several motion picture studios a preliminary injunction that prevents RealNetworks from selling or licensing its RealDVD software. See RealNetworks, Inc. et al. v. DVD CCA et al., Case No. C 08-04548 MHP (N.D. Ca. 2008). Click here to read the 58 page Order and Memorandum. The court found that RealNetworks' DVD copy software, which decrypts copy protection, violated the Digital Millennium Copyright Act and RealNetworks' contract with the DVD CCA. |
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CyberLaw.Info |
| No Attorneys Fees For Dismissal Of Copyright Case |
| on Sunday, August 09, 2009 - 09:34 AM Posted by: admin |
 In Cadkin v. Loose, 569 F.3d 1142 (9th Cir. 2009), the Ninth Circuit held that a voluntary dismissal without prejudice does not confer prevailing party status for a claim brought under the Copyright Act. Accordingly, Defendant was not entitled to attorneys' fees under Section 505 of the Copyright Act which provides that the court may, in its discretion, award full costs, including reasonable attorneys’ fees, to the prevailing party in a claim arising under the Copyright Act. 17 U.S.C. § 505. The Court overruled Corcoran v. Columbia Broadcasting System, Inc., 121 F.2d 575, 576 (9th Cir. 1941) in light of Buckhannon Bd. & Care Home, Inc. v. W. Va. Dep’t of Health & Human Res., 532 U.S. 598, because “prevailing party” status turns on whether there has been a “material alteration of the legal relationship of the parties.” In Oscar v. Alaska Dep’t of Educ. & Early Dev., 541 F.3d 978, 981 (9th Cir. 2008), the Ninth Circuit recently held that a dismissal without prejudice does not alter the legal relationship of the parties in a similar fee shifting statute. |
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| CyberLaw.Info Photo Gallery |
Tue Jun 22 07:45:16 2010
From album: PhotoFun
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CyberLaw.Info
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About the CyberLaw Offices of Elliot Zimmerman, P.A.
| Elliot Zimmerman, P.A.
Board Certified Intellectual Property Lawyer
100 NW 70th Avenue, PH 203
Plantation, Florida 33317
In Fort Lauderdale, Broward County, Florida, call (954) 565-6996
In Boca Raton, Palm Beach County, Florida, call (561) 989-9990
legal@cyberlaw.info
http://cyberlaw.info
http://entertainmentlawyer.pro
CyberLaw, Entertainment Law, Intellectual Property Law and Litigation
 CyberLaw.Info, owned by the law firm of Elliot Zimmerman, P.A., operates with an eye towards keeping its members informed of emerging legal issues and trends. Mr. Zimmerman, licensed to practice law by the State of Florida and the United States District Court for the Southern District of Florida since 1981, is a Board Certified Intellectual Property Lawyer authorized to engage in a multi-jurisdictional federal copyright and trademark practice. He is a cyberlaw attorney, entertainment lawyer, music lawyer and litigator with an extensive background in state and federal litigation, cyberlaw, internet law, cybercrime defense, entertainment law, cyberentertainment law, music law, contract drafting and negotiation, copyright and trademark prosecution, domain name disputes, business law, book publishing, photography, video, film, television, radio, computer and multi-media law.
Martindale-Hubbell AV RatingMr. Zimmerman is rated AV by Martindale-Hubbell. A Martindale-Hubbell AV Rating indicates that a lawyer has reached the height of professional excellence, has usually practiced law for many years, and is recognized for the highest levels of skill and integrity.
Founder and Former Chairman Florida Bar Entertainment, Arts and Sports Law Committee
Mr. Zimmerman is the founder and Chair Emeritus of The Florida Bar Special Committee on Entertainment, Arts and Sports Law, which became The Florida Bar Entertainment, Arts and Sports Law Section (EASL) in 1988. He has served as the Multi-Media Committee Chairman, Certification Committee Chairman, Webmaster, Web Site Committee Chairman and on the Executive Council of EASL. He is a published legal author, and has lectured students and lawyers at colleges, law schools, seminars and conferences on such topics as entertainment law, music law, internet law, cyberlaw, copyright, trademark, and domain name disputes. He received a distinguished service certificate from The Florida Bar, April, 2004, an award from The Florida Bar International Law Section in 2007, and EASL plaques of honor in 1999 (pictured in Gallery), 2005-2009. See http://easl.info.
Professional Musician and Computer Programmer
Mr. Zimmerman is truly a man of many talents and is a cyberlaw attorney, entertainment lawyer, music lawyer and litigator who is a published lyricist, composer, author, keyboardist, computer programmer and web designer. He has performed on keyboards throughout Florida and the USA with such notables as John "Spider" Martin, Jaco Pastorius, Ahmad Jamal (pictured in Gallery), Miguel Reyna, Duffy Jackson (pictured in Gallery), Sonny Stitt, Ben Champion, the Ink Spots (pictured in Gallery), and others.
Mr. Zimmmerman designs, programs and serves as webmaster for several web sites, including EASL, and The Florida Bar International Law Section. Many of Mr. Zimmerman's original PHP scripts are available for registered users by clicking "Downloads" at this site and at http://outerdomain.com. Mr. Zimmerman is also PostNuke Consultant. Click here to view Zikula.org.
Also, he has recently created and is currently CEO of MusiciansExchangeOnline.com and President of CannibalMusic.com, Inc., located in Plantation, Broward County, Florida. MusiciansExchangeOnline.com is located on the world wide web at www.MusiciansExchangeOnline.com and CannibalMusic.com, Inc., is located on the world wide web at www.cannibalmusic.com. Both are online distributors geared towards internet marketing and sales for emerging artists, authors, musicians and computer programmers. Mr. Zimmerman's goal is to broaden the horizons for the undiscovered.
Vice President of Jacaranda Country Club Homeowners' Association, Inc.
 Additionally, Mr. Zimmerman served as Vice President, Webmaster and lawyer for the Jacaranda Country Club Homeowners' Association, Inc. (2003-2008).
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Practice Areas
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Music Law
- Music Industry Litigation
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- Copyright & Trademark
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- Website Development Contracts
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Litigation
- U.S. District Court for the Southern District of Florida
- Florida State Court
- Federal Copyright and Trademark Litigation In All Forums
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Contracts
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- Internet
- Copyright & Trademark
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