In this special episode we discuss the Supreme Court’s recent ruling in Bilski v. Kappos.
Comments Off Posted in: Podcast on June 29, 2010
Google and YouTube win First Round, Congress Can Take Works out of the Public Domain, Apple Sharing Location Data
Google, YouTube Win First Round Against Viacom
Congress Can Take Works Out of Public Domain
Apple Sharing iPhone Location Data
Comments Off Posted in: Podcast on June 28, 2010
We hope to have some analysis up this afternoon. Our typical podcast, which was recorded Sunday, will post late tonight. We’ll be recording a special podcast to discuss Bilski tomorrow, after we’ve all had a chance to read and digest it. That should post late Tuesday night.
Comments Off Posted in: Commentary on June 28, 2010
The opinion, authored by Justce Kennedy, affirms the Federal Circuit Court of Appeals, which held that the patent on hedging investments was invalid.
We discussed this way back in November on podcast episode 25. We’ll be doing more detailed analysis over the next few days.
Comments Off Posted in: Links on June 28, 2010
I’ve finally had an opportunity to sit down a read the opinion in Viacom v. Google. I wanted to share a few thoughts about it.
First, the judge distilled the issue down to one clear question of law: does knowledge of infringing content on the site mean specific, actual, knowledge of each item, or generalized knowledge that there is a lot of infringing activity going on? The judge spent about half the opinion reciting legislative history to inform his answer to the question.
In the end, he came to the same conclusion that many other judges have: that it would ruin DMCA safe harbor, and be contrary to Congress’ intent, if generalized knowledge, or even a duty to investigate files uploaded, could constitute knowledge of infringing works under the DMCA.
All that being said, Viacom has promised to appeal, and this opinion carries no weight on appeal. This opinion is only as useful as it is persuasive to the panel that hears the appeal.
We’ll follow the appeal closely, but these do not move quickly.
Comments Off Posted in: Analysis on June 24, 2010
Google has won the $1 billion lawsuit brought by Viacom against Google it’s YouTube site. There will be more coverage over the next day.
It seems like we just talked about the hot news doctrine on the podcast, and here it is, cropping up again.
Back in March, a Federal district court breathed new life into the dying hot news doctrine. The hot news doctrine grants a kind of copyright over facts for a short period of time, in order to reward the person who first reported those facts. The problem is that the doctrine was developed decades ago, and isn’t a good fit for modern technology.
The district court judge’s ruling was appealed, and TechDirt is reporting that Google and Twitter have argued that the doctrine is arbitrary and out moded. It’s not terribly surprising that content providers are trying to ressurect this doctrine, but courts will hopefully do the right thing, and put it to rest.
Comments Off Posted in: Commentary on June 22, 2010
Quon and SMS Privacy, AT&T Security Breaches, and FTC Wants to Save the Newspaper
Quon and SMS Privacy
AT&T Security Breaches
FTC Wants to Save Newspaper
In a bit of a surprise, the Supreme Court released its opinion in Quon today. The case was argued in April, and the court reverses the 9th Circuit. The Supreme Court held that the search of the officer’s text messages was constitutional.
The court realized that there was some significance in the case, but resolved it purely on a whether the search was reasonable. More detailed analysis to come. We last discussed this case in podcast episode 31.
As of writing, we’re still waiting on Bilski, which was argued in November. It’s the only outstanding case from November.
Comments Off Posted in: Links on June 17, 2010
Apple revises their advertising policy, Traffic Cam Gripe Site, New York Times Demands Apple Takedown a RSS Reader App
Apple Revises Rules for in App Advertising
Traffic Cam Gripe Site
NY Times Demands App Takedown
Comments Off Posted in: Podcast on June 14, 2010