Technically Legal

Technology and the law. Done right.

Police Investigating Gizmodo iPhone Leak

Police in Silicon Valley are investigating the loss and subsequent purchase of an iPhone prototype to see if any of the conduct rises to criminal conduct in California. It is still early in the investigation, and there’s no promise that even if there is sufficient evidence of a crime, that charges would be filed.

UPDATE: And by investigate, we mean execute a search warrant at an editor’s house.

1 Comment Posted in: Links on April 26, 2010

Episode 46: This Episode is Copyrighted

Activision Scuffle, Adobe Squares Off with Apple, Are Tweets Copyrightable

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Activision Scuffle

Activision: West, Zampella wanted to steal Infinity Ward
The Ides of Harsh

Apple v. Adobe

Adobe vs. Apple is going to get uglier

Are Tweets Copyrightable

You Cannot Copyright a Tweet
Are Tweets Copyright-Protected?
Copyright Protection Not Available for Names,
Titles, or Short Phrases

1 Comment Posted in: Podcast on April 19, 2010

Episode 40: Goin Gaga

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

Comments Off Posted in: Podcast on March 9, 2010

Apple Sues HTC Over iPhone Patents

This is still breaking, so we’ll have more coverage as the details of the litigation emerge.

Apple has sued HTC for infringement of Apple patents relating to the user interface and underlying hardware of the iPhone. While I don’t have my hands on a complaint yet, there’s a fair bet it involves the patent for capacitive touch screens Apple was recently awarded.

UPDATE: You can now download the relevant documents. I’ll try to get a look at them later today or this evening.

Comments Off Posted in: Links on March 2, 2010

Episode 36: Still Not About the iPad

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

Episode 35: Not about the iPad

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

Psystar Appeals

Psystar has appealed the summary judgment for Apple and permanent injunction. It will be a while before we have briefs, and the case won’t be heard, until much later in the year. We’ll follow it, as we have since the beginning.

Comments Off Posted in: Links on January 15, 2010

Apple Wins Injunction against Psystar

AppleInsider reported that Apple won a permanent injunction against Psystar. Psystar has until December 31, 2009 to comply with the injunction. They will no longer be allowed to copy or sell copies of OS X, they cannot circumvent copy protection, or sell programs that circumvent the copy protection.

What’s unclear, because of conflicting reports (and our inability to find a copy of the injunction), is whether this injunction applies to OS X 10.6, Snow Leopard. Apple worked very hard to keep 10.6 out of the California litigation, and it is currently the subject of a case in Florida.

As always, we’ll keep you updated.

Update: A copy of the injunction can be found here

Comments Off Posted in: Links on December 17, 2009

Apple, Psystar, Enter into Partial Settlement

AppleInsider is reporting that Apple and Psystar have entered into a partial settlement. The deal will prevent a trial on the issues of copyright damages, trademark and tradedress infringement and state unfair competition claims. In exchange, Psystar will pay an undisclosed amount of money, and will not have to pay Apple until after Psystar appeals the District Court judge’s ruling.

The judge still has to decide whether to issue Apple’s permanent injunction, and Apple’s legal challenge to Psystar’s RebelEFI is not included in this settlement.

1 Comment Posted in: Links on December 1, 2009

Episode 27: Groundbreaking Website

Apple files a patent suit, Motorola and Blackberry sued for patent infringement, and database abuse.

Please, download the podcast here. E-mail us with suggestions, comments, or questions.

Apple Sues for Patent Infringement

Apple Files Patent Infringement Suit Over ‘Knock-Off’ Power Adapters
Apple Sues To Stop Power Adapter Knock Offs

Motorola and Blackberry Sued for Patent Infringement

Motorola, Research in Motion sued over voicemail
Klausner Technologies

Database Abuse

http://techdirt.com/articles/20091124/0131587064.shtml

1 Comment Posted in: Podcast on December 1, 2009

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