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Topic: CyberLaw
The new items published under this topic are as follows.

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Intel Files Dec Action for Use of the Mark Netbook
By Elliot Zimmerman on Wednesday, February 25, 2009 - 12:00 AM
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.

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File Sharing Without Actual Download Not Actionable
By Elliot Zimmerman on Friday, May 02, 2008 - 10:24 PM
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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Bills to curb cyber-bullying raise free-speech concerns
By Elliot Zimmerman on Tuesday, February 05, 2008 - 08:24 AM
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.

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Computer Fraud and Abuse Act
By Elliot Zimmerman on Friday, September 28, 2007 - 05:59 AM
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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Three Hurdles to Website Owner Liability
By Elliot Zimmerman on Saturday, July 21, 2007 - 01:28 PM

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TorrentSpy Ordered to Log Users' IPs
By Elliot Zimmerman on Thursday, July 19, 2007 - 03:50 AM
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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Trademarks Trumped by Freedom of Speech
By Elliot Zimmerman on Tuesday, February 27, 2007 - 06:47 AM
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 "" did not violate the Home Depot marks of the complainant.

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By Elliot Zimmerman on Friday, September 15, 2006 - 07:19 AM

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Federal Law Preventing CyberStalking Signed by President
By Elliot Zimmerman on Tuesday, January 10, 2006 - 04:25 PM
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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Supreme Court Sends Grokster Back To Trial
By Elliot Zimmerman on Monday, June 27, 2005 - 08:48 AM
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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CyberLaw Offices

Elliot Zimmerman, P.A.

Attorney At Law
Board Certified Intellectual Property Lawyer

Board Certified Intellectual Property Lawyer

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Plantation, Florida 33322

(954) 565-6996

CyberLaw.Info (tm): CyberLaw, Internet Law, Entertainment Law, Music Law. Board Certified Intellectual Property Lawyer. Rated AV by Martindale-Hubbell. Personal Injury Law, Insurance Law and Litigation. CyberLaw Attorney, Internet Lawyer, Entertainment Lawyer, Music Lawyer, Personal Injury Lawyer, Insurance Lawyer and Litigator Serving Fort Lauderdale, Boca Raton, Weston, Plantation, Hollywood, Hallandale, Pompano Beach, Delray Beach, Boynton Beach, Palm Beach, Aventura, Miami, and Southeastern Florida (Broward County, Palm Beach County and Dade County) since 1981.

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Our Designated Agent Under 17 U.S.C. 512(c)(2) to Receive Notification of Claimed Copyright Infringement and Registered Agent to Accept Service of Process is: Mr. Elliot M. Zimmerman, Esq., President of Elliot Zimmerman, P.A., a Florida Professional Association, 1776 N. Pine Island Rd., Ste. 224, Plantation, Broward County, FL 33322, Phone: 954.565.6996, Email:

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