Technically Legal

Technology and the law. Done right.

Lodsys Pulls the Trigger, Sues Apple Devs

After some speculation about how Lodsys would respond to Apple’s letter about the alleged infringement, Lodsys filed suit against some of the developers.

Lodsys also disputed Apple’s legal arguments. We’ll try to find a complaint.

1 Comment Posted in: Links on May 31, 2011

Episode 103: Messing with the Mama Bear

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Apple Responds to Lodsys

Full text: Apple Legal’s letter to Lodsys

Paypal Sues Google

PayPal files lawsuit to protect trade secrets: A reason worth fighting for
The Complaint

Registrar Can Be Liable for Wrongful Transfer

Ohio Appeals Court: GoDaddy can be Held Liable for Wrongly Transferring Control Over Domain Name and Email Accounts — Eysoldt v. ProScan

Comments Off Posted in: Podcast on May 31, 2011

Episode 102: OMGFact-ual Allegations!1!!one!

Dropbox finds itself at the business end of a consumer-filed FTC complaint; Verizon sues the FCC, again; and OMGfacts!!

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Consumer complains to FTC about Dropbox Marketing, Crypto, and Privacy Practices

Chris Soghoian’s blog post about DropBox

The complaint that was filed to the FTC [via Wired]

Verizon Sues the FCC for “Roaming Data” Rules

Story coverage, from Ars Technica

OMGfacts Lawsuit for Trademark Damages and Contract issues

Technology Law and Marketing Blog’s coverage

The complaint [via omgfactslawsuit.com]

The contract [via omgfactslawsuit.com]

Comments Off Posted in: Podcast on May 23, 2011

Weekly Links: May 15-21, 2011

Last week more stories hit the wire on another proposed legislation on digital privacy and security — which seems like the “hot button” issue of the year for legislators, so far.  Also some interesting news last week from the company who has been accused of being a patent troll for warning iOS developers that they need licenses for “in-app purchasing.”  Here are links to the stories that have been on our radar over the last seven days.  Feel free to add more that we might have missed in the comments.

Lodsys says Apple (and others) have already obtained licenses for in-app purchasing, suggests developers should also.  [via the Lodsys blog]

Proposed California bill might give parents access to their children’s Facebook pages. [via TechCrunch]

Proposed federal bill (S.978) seeks to penalize illicit television streaming as a felony offense. [via Ars Technica]

Chris Soghoian explains mismatch between DropBox’s crypto marketing and deduplication practices.  Also files a consumer compliant with the FTC. [via Slight Paranoia (Soghoian’s blog)] [FTC complaint (via Scrib’d)]

Winklevosses appealing decision regarding their settlement award to the Supreme Court. [via CNET]

Verizon sues the FCC, for changing “roaming data fees” rules. [via Ars Technica]

The EFF *actually* likes a proposed e-privacy bill for once(!). [via EFF Deeplinks]

Remember Terry Childs? The “rogue” sysadmin in San Fran? A judge has ordered Childs to pay $15M in restitution. [via Slashdot]

17-year-old Creator of OMGfacts twitter stream files lawsuit over trademark and contract issues. [via Technology and Marketing Law Blog]

Comments Off Posted in: Weekly Links on May 23, 2011

District Court Judge Puts Righthaven Cases on Hold

Pending a determination of whether Righthaven has standing to bring its copyright infringement claims, a US District Court Judge has placed all Righthaven’s cases on hold.

This does not bode well for Righthaven.

Comments Off Posted in: Links on May 20, 2011

Episode 101: Trolls Under the Patent Bridge

Patent troll goes after iOS Devs, TwitPic changes TOS, Boston wants to regulate cable prices.

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Patent Troll Goes After iOS Devs

Indie iOS Devs Under Legal Fire For Offering In-App Purchases

TwitPic changes TOS

Twitpic Modifies Terms and Claims Exclusive Rights to Distribute Photos Uploaded to Twitpic

Boston wants to regulate cable prices

City of Boston: We want our authority over basic cable back

Comments Off Posted in: Podcast on May 17, 2011

Lodsys Answers Some Questions

Lodsys, the company who has sent demand letters to many iOS developers, has posted a Q&A about their licensing scheme and practices.

You can read the ever-growing Q&A here.

Comments Off Posted in: Links on May 16, 2011

Weekly Links: May 8-14th, 2011

Yikes!  This was a busy week!  These are the stories that have been on our radar.

 

iOS indie developer getting sued by patent trolls? [via Cult Of Mac]

TwitPic making power grab a exclusive distribution right? [via Technology and Marketing Law Blog]

Boston asks FCC for right to regulate cable distribution rights. [via Ars Technica]

Facebook supposedly hires PR firm to trash Google for not respecting user privacy. [via Engadget]

Google launches digital music locker, and says it doesn’t need licenses. Amazon redux?. [via CNET]

Related: EFF post on “digital lockering services.” [via EFF]

Related: BMI says digital locker services might violate copyright. [via TechDirt]

Could Sony be liable to game developers for PSN outage resulting from data breach? [via Ars Technica]

New “IP protectionist” bill floating around legislators. Doesn’t look good. [via CNET]

Google to pay large fines to allowing advertising from non-pharma companies.  [via CNET]

Microsoft agrees to buy Skype for $8B.  [via Wall Street Journal]

Senate grills Apple and Google over location-based tracking. [via Ars Technica]

Revolving Door?  FCC commissioner leaves FCC for Comcast lobbyist position, after voting in favo of Comcast/NBC merger.  [via CNET]

ANOTHER IP-related bill, with “blacklisting.”  Is this the new norm? [via Ars Technica]

Did Comcast really help The Pirate Bay this week? [via Slashdot]

“iFixit” website dismantles FBI tracking device. [via iFixit]

U.K. lawyer fined for not protecting client data. [via Ars Technica]

Da, da-da-da, daat, da, what? “Charge” rally music, used at sports arenas, being challenged in court. [via Palm Beach Post]

Belgian Court says Google infringes when it links out to newspaper websites. [via Out-law.com]

Computer Fraud and Abuse Act fails on claims against former employee who visited personal websites while at work.  [via Technology and Marketing law blog]

Teen gets arrested for “disorderly conduct” for actions on Facebook.  [via TechDirt]

ITC decision issued in favor of Kodak, in Apple patent dispute. [via CNET]

Comments Off Posted in: Weekly Links on May 16, 2011

Episode 100: Centennial

Righthaven Copyright Assignments, CNET Sued Over Limewire, ITC Sides with Apple

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Righthaven Copyright Assignments

Unsealed Righthaven Agreement Has Other Judges Questioning Legitimacy Of Righthaven’s Lawsuits
Righthaven and the Case or Controversy Clause

CNET Sued Over Limewire

CNET sued over LimeWire, blamed for “Internet Piracy Phenomenon”

ITC Sides with Apple

ITC judge sides with Apple in Elan multitouch patent dispute

Comments Off Posted in: Podcast on May 9, 2011

Weekly Links: May 1-7th, 2011

This was a pretty busy week for technology, law, and policy news!  Looking back at our e-mail thread, I’m counting at least 20 stories that circulated over the last several days.

The ITC ruled that Apple does not infringe patent claiming multitouch technology. [via Engadget]

Righthaven may not be able to satisfy standing requirements based on copyright interest assignments with its clients. [via Technically Legal]

Sony: Hacked again! Loses another 24 million user accounts. [via Ars Technica]

Apple’s “Airdrop” dispute, thinking about trademark in context.  [via CNN]

Politician suggests that White House employees can circumvent federal record keeping laws by using iPads and web-based services.  [via Washington Examiner]

DOJ asks for more information for proposed AT&T and T-Mobile deal. [via CNET]

Lawsuit over “Flash Cookies,” La Court v. Specific Media 8:10-cv-01256-GW-JCG (CD Cal.), dismissed by court for lack of harm / standing.  [via Technology & Marketing Law Blog] [opinion]

CBS/CNET sued for distributing LimeWire. [via Ars Technica] [complaint]

Violating an employer’s internet use policy can be a felony, according to the 9th Circuit in U.S. v. Nosal. [via Technology Law and Marketing] [opinion]

U.S. Dept. of Commerce releases report on Trademark Litigation tactics, draws significant criticism from legal commentators.  [via Tech Dirt] [the Report]  see commentary from [Eric Goldman] and [David Pardue]

New class action lawsuit, Hariharan v. Abobe, Apple, et al., Case no. 11574066 (Alameda County Superior Court, filed against Adobe, Intui, Google, Apple, and several others accuses companies of employment practice collusion.  [via CNET] [the complaint]

FCC Chairman tells Congress to leave net neutrality alone.  [via CNET]

Computer rental service sued for “spying on customers” with webcam software installed on rented machines. [via TechDirt]

RIAA/LimeWire trial begins (only concerning damages) in New York — Judge estimates about as long as 4 weeks.  [via CNET]

Dept. of Homeland Security sends demand to Mozilla to remove Firefox extension (a/k/a MafiaaFire) that routes users around URLs seized by DHSMozilla responds and questions the authority of DHS’ request.  [via Wired and hja’s blog] [Mozilla’s questions]

Motion to Dismiss filed by defendant in Righthaven copyright litigation case.  [via EFF]

WordPerfect’s antitrust claims against Microsoft after are back, after Novell (previous owner of WordPerfect ’90s) successfully argued in the 4th Circuit. [via Ars Technica]

CNET source says hackers are planning a third attack against Sony over the (last) weekend.  [via CNET]

San Francisco is (apparently) backing away from proposed law that would require cell phone retails to label mobile handsets with information related to radiation emissions. Mmm, science!* [via San Francisco Chronicle]

Google and Facebook respond to proposed California legislation that would require companies to offer an “opt-out” privacy mechanism for consumers.  [via Ars Technica] [Senate Bill 761]

The FCC has been asked to investigate the “data caps” which have been implemented recently at some ISPs and enforced for longer at others. [via Ars Technica]

 

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Comments Off Posted in: Weekly Links on May 9, 2011

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