Law

Law / Recently Commented

Mahmoud Ahmadinejad and the Globally Protected Marks List (GPML)

At first blush, Mahmoud Ahmadinejad and the Globally Protected Marks List (GPML) do not seem to have anything in common. The first is a politician of debated repute that is seeking to quell disputes over the legitimacy of his election. The second is a recommendation that seeks to protect trademark owners and consumers from an explosion of infringement and source confusion that could be wrought by the introduction of new Top-Level Domains (TLDs). However, upon a closer analysis, they do share one common flaw: both have arguably failed to appropriately prioritize the right to free speech... more»

British Court Rules Against Anonymous Blogging

British court has ruled that bloggers operating anonymously have no right to keep their identities secret. Times Online reports: "In a landmark decision, Mr Justice Eady refused to grant an order to protect the anonymity of a police officer who is the author of the NightJack blog. The officer, Richard Horton, 45, a detective constable with Lancashire Constabulary, had sought an injunction to stop The Times from revealing his name..." more»

California Company Taking Legal Action to Stop PCs Shipped to China with Stolen Software

A California company is considering legal action to prevent computers being shipped to China with what it says is stolen internet blocking software. Solid Oak said it found pieces of its CyberSitter program in China's Green Dam Youth Escort screening software. China has mandated that all new PCs contain filters to protect children from offensive material on the net... more»

Everything You Ever Wanted to Know About Canadian Anti-Spam Bill C-27

CAUCE just posted a blog entry about C-27; we will be speaking to the Industry, Science, and Technology committee reviewing the bill this afternoon. The meeting will be webcast starting at 15:30 eastern... more»

Tony La Russa's Legal Claims Against Twitter Look Tenuous

It was bound to happen of course - someone sued Twitter for not verifying a "celebrity" or brand account. Mashable reports on a lawsuit brought by Tony La Russa, who is apparently a manager for the St. Louis Cardinals baseball team. Mashable and others initially reported that La Russa and Twitter had resolved this one. It turns out they haven't after all. So what to make of Mr. La Russa's claims? more»

World Copyright Summit This Week Will Focus on Threats and Opportunities of Internet on Copyright

Movie directors, composers, authors, legal experts, policy-makers and others are meeting this week in Washington DC to discuss the "threats and opportunities" the Internet poses to copyright in the digital age. Some 500 delegates from more than 55 countries are scheduled to attend the 2nd World Copyright Summit being held on Tuesday and Wednesday at the Ronald Reagan Convention Center... more»

FTC Shuts Down US Web Hosting Firm Involved in Massive Global Spam Operation

Brian Krebs of the Washington Post reports: "In an unprecedented move, the Federal Trade Commission has taken legal steps to shut down a Web hosting provider in Northern California that the agency says was directly involved in managing massive global spam operations. Sometime on Tuesday, more than 15,000 Web sites connected to San Jose, Calif., based Triple Fiber Network (3FN.net) went dark. 3FN's sites were disconnected after a Northern California district court judge approved an FTC request..." more»

Do You Care About Your Privacy?

ICANN is currently going through a complicated process in order to introduce more Top-Level Domains (TLDs). While the launch of new TLDs is something that a lot of people will welcome it is not without its issues. One of the areas that has been receiving quite a bit of attention is in relation to intellectual property rights. So what has this got to do with privacy? more»

Michigan Man Sentenced to 8 1/2 Years for Phishing

A Romanian immigrant has been sentenced to 8 1/2 years in prison for running a lucrative computerized "phishing" scheme that collected financial records and personal identification from thousands of individuals, including nearly 100 from Minnesota. Sergiu D. Popa, 23, of Shelby Township, Mich., was sentenced Tuesday in federal court in Minneapolis for a plot that cost his 7,000 or so victims about $700,000, by his own admission... more»

Virtual Extortion?

Maybe you saw this story: A Chinese man (whose name is not given) has been sentenced to serve three years in prison for extorting "virtual items and currency" from a "fellow Internet cafĂ© user." The currency was worth 100,000 yuan or $14,700. The man who's sentenced to three years and the three friends who helped him also "extorted virtual equipment for online games" from their victim. The friends only seem to have been given a fine; the primary extortionist got both a fine and a jail time. The virtual currency was QQ coins... As I'm sure all of us know, there's a thriving market in virtual goods and currency... more»

Valuing Trademarks in Domain Names

My new essay, "Valuing Trademarks in Domain Names," outlines the various approaches to valuing trademarks, pointing out the approaches’ different strengths and weaknesses, with emphasis on domain names. Using court cases, the essay points out that there is no one right way to value intangible assets but there are wrong ways. more»

Google Book Search Settlement: Another Digital Pandora's Box

A very good friend of mine is an archivist with the Ontario government, and we share similar views on how technology is impacting modern life. He passed a really interesting item along that ran in yesterday's Washington Post. Some of you may be following this – Google's Book Search Settlement. I can definitely see how this has a direct bearing on the archive space, but also how it touches on a few tangents of my world – emerging communications technologies. more»

Gillette.ro WIPO Decision Provides Interesting Comments

One of the WIPO decisions published today relates to gillette.ro. The registrant (respondent) didn't make any submissions in their defence, so the decision could have been quite banal. However some of the panelist's comments under the "Registered and Used in Bad Faith" section are quite interesting... more»

Harvard Law Professor Says P2P Filesharing is "Fair Use", Will Defend Accused File-Swapper in Court

Wholesale copying of music on P2P networks is fair use. Statutory damages can't be applied to P2P users. File-swapping results in no provable harm to rightsholders. These are just some of the assertions that Harvard Law professor Charles Nesson made last week in his defense of accused file-swapper Joel Tenenbaum... more»

Hannaford Data Breach Plaintiffs Rebuffed in Maine

A US District Judge in Maine largely granted a motion to dismiss brought by Hannaford in a big data breach case... According to the court, around March 2008, third parties stole up to 4.2 million debit and credit card numbers, expiration dates, security codes, PIN numbers, and other information relating to cardholders "who had used debit cards and credit cards to transact purchases at supermarkets owned or operated by Hannaford." more»