Technically Legal

Summary Judgment Motions in Viacom v. YouTube, Amazon 1-Click Patent, and Rescuecom v. Google comes to an end.

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Summary Judgment Motions in Viacom v. YouTube

Court orders (relatively) quick unsealing of summary judgment papers in Viacom v. YouTube suit
YouTube: Keep summary judgment papers sealed for months; Viacom: ‘the time has come for transparency and public access’
Get ready for the Viacom v. YouTube summary judgment briefs

Amazon 1-Click Patent Survives Reexam

Amazon One-Click Patent Slides Through Reexamination
Controversial Amazon 1-Click patent survives review
Amazon’s 1-Click Patent Validated After Four-Year Re-Examination

Rescuecom v. Google Ends

Rescuecom Declares Victory… In Dropping Its Lawsuit Against Google
Rescuecom v. Google, Search Terms and Trademark Infringement

1 Comment Posted in: Podcast on March 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

Microsoft Ads v. Apple Ads, Will Twitter Sue Tech Crunch, and Amazon breaches their own EULA.

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Microsoft Ads v. Apple Ads

Microsoft Ads Rankle Apple
Will Apple Sue Microsoft (with ad)

Will Twitter Sue Tech Crunch

Will Twitter Sue Tech Crunch
Twitter, Even More Open Than We Wanted
In Our Inbox: Hundreds of Confidential Twitter Documents

Amazon breaches their own EULA

Amazon.com Plays Big Brother with a Famous Book
Amazon Kindle EULA

. . . and Apple disables iTunes sync feature on Palm Pre.

Also, a former finance director at J.P. Morgan claims to have reverse engineered the grand-daddy of trade secrets KFC’s Secret Recipe.

2 Comments Posted in: Podcast on July 20, 2009

Amazon recently deleted copies of 1984 by George Orwell from both Kindles and the Kindle store.

The Kindle User License Agreement clearly states:

Upon your payment of the applicable fees set by Amazon, Amazon grants you the non-exclusive right to keep a permanent copy of the applicable Digital Content and to view, use, and display such Digital Content an unlimited number of times, solely on the Device. . .

So Amazon is pretty clearly in breach of their contract to Kindle users who purchased the book, as Amazon did not allow them to keep a permanent copy of the book on their device. However, the License Agreement goes on to disclaim any liability for breach of the contract, and requires confidential arbitration to resolve any disputes you have with Amazon over the device.

Look for more on this over the weekend.

8 Comments Posted in: Analysis, Links on July 17, 2009

Malware Blockers get protection under the CDA, Amazon kills an iPhone App, and Eric Schmidt and Apple

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Ad-Blockers Immune under 230

Amazon Kills an iPhone App

Amazon Killing Mobile Apps that Use It’s Data
Affiliate Program API Agreement

Schmidt, Chrome, Conflicts and Clayton

Google Plans PC Operating System
15 USC § 19, Clayton Anti-Trust Act
Mr. Schmidt, step down from that board

1 Comment Posted in: Podcast on July 13, 2009