Technically Legal

Innocent infringement off the table, Apple sues HTC, and is it illegal to poach tickets?

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Innocent infringement off the table

5th Circuit rules innocent infringement defense not supported in Maverick v Harper
The opinion

Apple Sues HTC

Apple sues HTC over iPhone patents
Apple sues HTC–court filings
Apple HTC Complaint U.S. Google & HTC

Poaching Gaga Tickets

Couldn’t Get Those Coveted Gaga Tickets? Here’s Why
Four Charged in Bid To Buy, Resell Tickets

Comment on this post Posted in: Podcast on March 9, 2010

What damages for false DMCA takedown notices, employer liability for employee statements, Facebook Patents the newsfeed.

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Damages in False DMCA takedown

Rare Ruling on Damages for Sending Bogus Copyright Takedown Notice–Lenz v. Universal
Rossi Case

FTC Guidelines on Employer Liability for Employee Blog Posts

Potential Employer Liability for Employee Online Statements: New Guidelines by the Federal Trade Commission

Facebook Patents the Newsfeed

Facebook’s news-feed patent could mean lawsuits
Facebook Patents The News Feed (Updated)
The Patent

UPDATE: There seems to have been a glitch with the first post. Hopefully this will fix it.

Comment on this post Posted in: Podcast on March 3, 2010

Google Buzz Class Action Lawsuit, Social Media and Burglary, and Searches of your P2P share folders.

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Google Buzz Class Action

Local class action complaint filed over Google Buzz

Social Media and Burglary

Your Rights Online: I Use Twitter, Please Rob Me
http://pleaserobme.com/

Search Warrants and Share Folders

Feds Can Search, Seize P2P Files Without Warrant

Comments Off Posted in: Podcast on February 22, 2010

White House and Copyright, Streaming the Olympics, FBI and the Fourth Amendment

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White House and Copyrights

White House Makes Full Copyright Claim on Photos
Another Obama right-of-publicity violation; NY Times gets results!

Streaming the Olympics

Why you can’t see live streaming of Olympics — at least not legally

FBI and the Fourth Amendment

On the FBI, the Fourth Amendment and Your Cell Phone

Comments Off Posted in: Podcast on February 15, 2010

Amazon Wrap Up, iPad Trademark Dispute, Out-Of-School Speech, New Rules for Juries

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iPad Trademark Dispute

FUJITSU’s iPAD
Fujitsu’s Leaked iPad Memo
Will the iPad soon have a new name?
MAGTEKs iPad
STMicroelectronics iPad
Apple’s Trademark Application

Students Punished, or not, for Out of School Speech

Snyder v. Blue Mountain School District
Synder Opinion
Layshock v. Hermitage School District, Opinion

New Rules for Juries

Juror Use of Electronic Communication Technology
Courts move to ban juror use of Blackberry, iPhone, Twitter and Facebook

Comments Off Posted in: Podcast on February 8, 2010

Are file extensions trademarks, Google Street View suit reinstated, and Amazon pulls Macmillian books.

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Are file extensions trademarks?

File extensions cannot be trademarks

Street View Suit Reinstated

Google Street View: Appeals court revives Pa. couple’s lawsuit
The opinion

Amazon pulls Macmillan Books

Amazon Pulls Macmillan Books Over E-Book Price Disagreement
Amazon conceded to Macmillan hours after we finished recording.

Comments Off Posted in: Podcast on February 1, 2010

FBI Spying, Jammie Thomas gets a Break, and Joel Tenenbaum Tries to Reduce his Verdict.

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FBI Takes Phone Records

FBI broke law for years in phone record searches
The statute

Jammie Thomas-Rasset Gets a Break

The opinion

Joel Tenenbaum Asks for a Break

Department of Justice defends constitutionality of $675,000 award against Tenenbaum; p2p user caused ‘great public harm’

UPDATE: We’ve switched to a new recording system that results in a better quality, but for some reason, lower volume podcast. We’re aware of this, and looking in to it. In the meantime, if you have iTunes, turn the volume adjust on the mp3 to 100%, or download it directly from the website. Either of these seem to help solve the problem.

Comments Off Posted in: Podcast on January 25, 2010

RIAA antitrust suit revived, Valleywag puts bounty on iSlate Rumors, Apple Patent and prior art.

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2nd Circuit Revives Antitrust Suit

U.S. court revives antitrust suit on music downloads
The Opinion

Valleyway’s Bounty on iSlate Rumors

Valleywag’s $100,000 Bounty For Apple Tablet Leaks May Face Legal Repercussions
Apple C&Ds Gawker over bounty on tablet info

Apple Patent and Priority

Apple tries for ‘adding a contact to a home screen’ patent, but Android beat them to the punch
ADDING A CONTACT TO A HOME SCREEN (The patent)

Comments Off Posted in: Podcast on January 18, 2010

YouTube v. Viacom, Are Browsewraps Valid, XP Clone in Linux.

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YouTube v. Viacom

Viacom, YouTube inch toward courtroom showdown
The Complaint

Validity of Browsewrap Licenses

Browsewrap website terms and conditions enforceable
The opinion
XKCD on Browsewrap Licenses

Windows v. XP Clone

Microsoft mulls response to Linux-based XP clone
Microsoft legal unfazed by Ubuntu Windows XP GUI clone
Another Ubuntu Skin

Comments Off Posted in: Podcast on January 12, 2010

Torrent Search Engine Shut Down, Privacy interest in Text Messages, and Duke Nukem Forever.

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Torrent Tracker Shut Down

Torrent Search Engines Unlawful, U.S. Judge Says
The Opinion
Torrent Sites Induce Infringement and Lose DMCA Safe Harbor–Columbia v. Fung

Text Message Privacy

Today’s orders from SCOTUS Blog
Supreme Court Grants Cert on Fourth Amendment Protection in Text Messages
The opinion below
Denial of rehearing en banc
Please Note: We said in the podcast that there was a dissent. There was not. There opinion was unanimous, but there was a dissent in the denial of the petition for a rehearing en banc, linked above.

Duke Nukem Forever

Learn to Let Go: How Success Killed Duke Nukem
Sorry, dude, Game Stop won’t be able to fulfill that Duke Nukem Forever pre-order

Comments Off Posted in: Podcast on January 6, 2010