http://cyberlaw.info/ CyberLaw.Info (tm) en-us http://cyberlaw.info/images/logo.gif http://cyberlaw.info/ legal@cyberlaw.info http://cyberlaw.info/modules.php?op=modload&name=News&file=article&sid=95 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. http://cyberlaw.info/modules.php?op=modload&name=News&file=article&sid=94 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. http://cyberlaw.info/modules.php?op=modload&name=News&file=article&sid=93 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. http://cyberlaw.info/modules.php?op=modload&name=News&file=article&sid=92 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 http://cyberlaw.info/modules.php?op=modload&name=News&file=article&sid=91 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. http://cyberlaw.info/modules.php?op=modload&name=News&file=article&sid=90 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. http://cyberlaw.info/modules.php?op=modload&name=News&file=article&sid=89 In the retrial of RIAA v. Thomas, the Defendant was found guilty of willful infringement of copyright in the amount of $1.92M by a jury in a Minnesota federal court. This exceeded the first judgment by $1.7M. Obviously, two times is not a charm. http://cyberlaw.info/modules.php?op=modload&name=News&file=article&sid=88 On June 1, 2009, Psion stated that it and Intel had "settled the trademark cancellation and infringement litigation brought in the Northern District of California relating to the 'Netbook' trademark registration. The litigation has been settled through an amicable agreement under which Psion will voluntarily withdraw all of its trademark registrations for 'Netbook.' Neither party accepted any liability. In light of this amicable agreement, Psion has agreed to waive all its rights against third parties in respect of past, current or future use of the 'Netbook' term." See our prior article at: http://cyberlaw.info/Article86.htm. http://cyberlaw.info/modules.php?op=modload&name=News&file=article&sid=87 The Second Circuit Court of Appeals in Rescuecom v. Google 06-4881-cv ruled on April 3, 2009, that a trademark owner can sue Google for trademark infringement for selling its mark as a keyword in the AdWords program. Read the decision here. http://cyberlaw.info/modules.php?op=modload&name=News&file=article&sid=86 On February 25, 2009, Intel filed suit in the Northern District of California for a declaratory judgment against Psion, purported owner of U.S. Trademark Registration No. 2404976 issued on November 21, 2000 for the mark Netbook for use in connection with laptop computers. Intel contends "that the term 'netbook' is a widely used generic term that describes a class of affordable computing devices, much like the term 'notebook' or 'ultra-mobile PC.'" Adding fuel to Intel's fire is that Psion did not file suit against Intel and others even though it was aware this mark has been used generically by them for the past few years. Additionally, Intel alleges that Psion has not used the mark since the year 2000 because their product wasn't successful and was discontinued. Psion did sue Google, which now disallows others to use their search engine advertising services for the term as a result of the said suit. Intel claims it is now suffering damages because of Google's position. http://cyberlaw.info/modules.php?op=modload&name=News&file=article&sid=85 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. http://cyberlaw.info/modules.php?op=modload&name=News&file=article&sid=84 By Kathleen Fitzgerald, SPLC staff writer at 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. http://cyberlaw.info/modules.php?op=modload&name=News&file=article&sid=83 Paramount Pictures Corp. and DreamWorks Animation SKG Inc., makers of the animated film "Bee Movie,'' were sued by a honey-products company over claims they copied the firm's "Give Bees A Chance'' slogan. Click here to view the story. http://cyberlaw.info/modules.php?op=modload&name=News&file=article&sid=82 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). http://cyberlaw.info/modules.php?op=modload&name=News&file=article&sid=81 On June 18, 2007, Florida joined 16 other states in passing a truth in music advertising law. See F.S. 817.4115, False, deceptive, or misleading advertisement of live musical performances. The law was created to protect artists from identity theft and consumers from being deceived by acts that are not comprised of the legendary artists that initially made the original songs famous. The states that have thus far joined the bandwagon and have passed laws regulating this practice are Pennsylvania, Conneticut, Illinois, Michigan, Massachutes, Maine, South Carolina, North Dakota, Virgina, New Jersey, Florida, Wisconsin, Tennessee, Missouri, Texas, Nevada and New York. http://cyberlaw.info/modules.php?op=modload&name=News&file=article&sid=80 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). http://cyberlaw.info/modules.php?op=modload&name=News&file=article&sid=79 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. http://cyberlaw.info/modules.php?op=modload&name=News&file=article&sid=78 The "Son of Sam" Law in Florida is codified at F.S. 944.512. In Rolling v. State ex rel. Butterworth, 741 So. 2d 627 (1999, FL 1st DCA), Appellee State, pursuant to Fla. Stat. ch. 944.512, sought imposition of a lien against property in an action against appellant, convicted criminal, especially seeking proceeds from sale of a book containing accounts of the crimes for which appellant was convicted. Appellants argued that Fla. Stat. ch. 960.291(7) violated U.S. Const. amend. I and was, therefore, unconstitutional both on its face and as applied to each of them. Under the plain language of the statute the lien encompassed appellant's art, autographs, and proceeds from them, as well as proceeds from his book. Appellant publisher was receiving benefits on appellant offender's behalf and thus the lien attached to the proceeds she garnered from sale of property. Appellant offender could not transfer his property to appellant publisher to avoid the lien. http://cyberlaw.info/modules.php?op=modload&name=News&file=article&sid=77 EMI will be offering, at a greater price, higher quality digital music downloads without digital rights management ("DRM") through Apple's ITunes Store in addition to its lower quality restricted catalog. We'll have to gaze into our crystal balls to determine whether distributing unprotected MP3s will help expand the market and what effect this will have on music piracy. Read the Reuters article by clicking here. http://cyberlaw.info/modules.php?op=modload&name=News&file=article&sid=76 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. http://cyberlaw.info/modules.php?op=modload&name=News&file=article&sid=75 DAXING, China - Sun Jiting spends his days locked behind metal bars in this military-run installation, put there by his parents. The 17-year-old high school student is not allowed to communicate with friends back home, and his only companions are psychologists, nurses and other patients. Each morning at 6:30, he is jolted awake by a soldier in fatigues shouting, "This is for your own good!" Sun's offense: Internet addiction. Click here to read the Washington Post article by Ariana Eunjung Cha. Also, click here to see Massively Addictive, an article about videogame addiction at Yahoo Games! http://cyberlaw.info/modules.php?op=modload&name=News&file=article&sid=74 In the summer of 2006, FL Gov. Jeb Bush (R) signed legislation that replaced the Sunshine State's 60-year-old ticket scalping law, which forbade selling tickets for more than $1 above the face value, with an open-market system that allows ticket owners and Internet brokers to sell tickets at whatever price they can get. The law went into effect Oct. 1 (MIAMI HERALD). http://cyberlaw.info/modules.php?op=modload&name=News&file=article&sid=73 Click here for a pdf file containing Florida�s new Registration and Protection of Trademarks Act (2006). http://cyberlaw.info/modules.php?op=modload&name=News&file=article&sid=72 London. Apple Computer won its courtroom battle against the Beatles on May 8, 2006 when Mr. Jusitce Mann found no breach of a 1991 out-of-court settlement agreement between Apple Computer and Apple Corps, which included a $26 million payment by Apple Computer and set out areas in which each party would have exclusive use of their respective logos. http://cyberlaw.info/modules.php?op=modload&name=News&file=article&sid=71 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."