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 Topic: CyberLaw
The new items published under this topic are as follows.
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| File Sharing Without Actual Download Not Actionable |
| on Friday, May 02, 2008 - 10:24 PM Posted by: admin |
| On April 28, 2008, in Atlantic Recording Corp. et al. v. Howell (U.S. District Court, Arizona, Case No. CV-06-02076-PHX-NVW), Judge Neil V. Wake entered an order denying the RIAA’s motion for summary judgment because “merely making copies available does not constitute distribution.” Specifically, the court held that the mere act of saving copies of works to the shared folder of a file sharing application, thus making them available for download by anyone, did not constitute distribution in violation of the copyright act. Actual download by a third party is necessary. Read the order here. |
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 CyberLaw.Info |
| Bills to curb cyber-bullying raise free-speech concerns |
| on Tuesday, February 05, 2008 - 08:24 AM Posted by: admin |
By Kathleen Fitzgerald, SPLC staff writer
© 2008 Student Press Law Center
February 4, 2008
Legislators in several states this year have proposed or reintroduced bills to protect students from cyber-bullying, giving school administrators a role in combating what they see as a new wave of electronic harassment. While some feel this will protect students, First Amendment advocates worry the policies will infringe on students' rights. |
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Read more... (5387 bytes more) CyberLaw.Info |
| Computer Fraud and Abuse Act |
| on Friday, September 28, 2007 - 05:59 AM Posted by: admin |
| When company data is stolen or maliciously destroyed, the modern cause of action is the federal Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030, a criminal statute that expressly provides for a civil action for damages and injunctive relief for anyone "who suffers damage or loss by reason of a violation of" the statute. 18 U.S.C. 1030(g). |
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CyberLaw.Info |
| Three Hurdles to Website Owner Liability |
| on Saturday, July 21, 2007 - 01:28 PM Posted by: admin |
| Federal law provides that no provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider, 47 U.S.C. §230(c)(1), and that no cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section, §230(e)(3). Note, the statute contains important exceptions. See, e.g., 47 U.S.C. § 230(e)(1) (excepting federal criminal liability); and § 230(e)(2) (scope of intellectual property laws remain unchanged). |
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Read more... (4684 bytes more) CyberLaw.Info |
| TorrentSpy Ordered to Log Users' IPs |
| on Thursday, July 19, 2007 - 03:50 AM Posted by: admin |
| On June 27, 2007 in a copyright infringement lawsuit, Columbia Pictures Industries v. Bunnell, No. 06-01093 FMC, pending in the U.S. District Court for the Central District of California, Judge Florence-Marie Cooper ruled that TorrentSpy, a popular search engine that indexes materials made publicly available via the Bit Torrent file sharing protocol, must activate logging and turn the logged data over to the studios, despite its privacy policy. The magistrate judge reasoned that because the info including IP addresses exists in RAM of TorrentSpy's webservers, it is "electronically stored information" that must be collected and turned over to the studios under the rules of federal discovery. Read EFF's amicus brief by clicking here.
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CyberLaw.Info |
| Trademarks Trumped by Freedom of Speech |
| on Tuesday, February 27, 2007 - 06:47 AM Posted by: admin |
| Click here to read the decision of the National Arbitration Forum in Homer TLC, Inc. v. GreenPeople, Claim Number: FA0508000550345, dated 10/25/05, wherein the panel found that respondent's use of the domain name "homedepotsucks.com" did not violate the Home Depot marks of the complainant. |
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CyberLaw.Info |
| Federal Law Preventing CyberStalking Signed by President |
| on Tuesday, January 10, 2006 - 04:25 PM Posted by: admin |
| On January 5, 2006, President Bush signed into law:
H.R. 3402, the "Violence Against Women and Department of Justice Reauthorization Act of 2005," which reauthorizes the Violence Against Women Act for for years 2007-2011, makes amendments to criminal and immigration law, consolidates major law enforcement grant programs and authorizes appropriations for the Department of Justice for for years 2006-2009. According to "TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT VIOLENCE AGAINST WOMEN, Section 113. Preventing Cyberstalking ... Whoever ... utilizes any device or software that can be used to originate telecommunications or other types of communications that are transmitted, in whole or in part, by the Internet ... without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person ... who receives the communications ... shall be fined under title 18 or imprisoned not more than two years, or both."
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CyberLaw.Info |
| Supreme Court Sends Grokster Back To Trial |
| on Monday, June 27, 2005 - 08:48 AM Posted by: admin |
| Today the Supreme Court, in MGM v. Grokster, unanimously overturned a ruling that prevented the music industry and others from suing internet services used by consumers to swap songs and movies for free. |
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Read more... (608 bytes more) CyberLaw.Info |
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