The Court of Appeals of New York has held that a computer programmer who was an employee of a New York company and worked from his home in Tennessee 75% of the time was delinquent in paying his New York state income tax by allocating only 25% of his income in calculating the amounts due. [...]
Archive for March, 2005
Change in mail delivery policy moots prisoner’s First Amendment complaint
March 31st, 2005
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In the case of West v. Frank, decided on March 25, 2005 by the U.S. District Court for the Western District of Wisconsin, the court dismissed a prisoner’s complaint that a prison policy prohibiting mail delivery of information printed from the Internet was unconstitutional. The court held that the issue became moot after the policy [...]
California Court of Appeal: “Dumb Ass” is not a defamatory term
March 28th, 2005
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[Thanks to Denise at Bag and Baggage for alerting me to this entertaining and humorous case.] It’s not too often that the courts get to pass judgment on the really important issues of our time. But in its March 24 decision in the case of Vogel v. Felice, the California Court of Appeal has determined [...]
Internet research by juror no basis for mistrial in Kentucky court
March 27th, 2005
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Juror’s research into definitions of culpable mental states did not affect criminal defendant’s substantial rights. Appellant Ross-Carter was convicted of child abuse and sentenced to six years in prison. She appealed her conviction on several grounds, one of them being that the trial court should have granted her a mistrial after one of the jurors [...]
InternetCases.com Podcast — March 25, 2005
March 25th, 2005
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This week’s podcast discusses the Maine Supreme Court case of Fitch v. Doe. Download the Podcast March 19 InternetCases.com posting about Fitch v. Doe Music courtesy of Blandy under a Creative Commons license.
Court declines expanding reach of antitrust laws to cover DSL and telephone services
March 24th, 2005
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The U.S. District Court for the Southern District of New York has granted defendant Verizon’s motion to dismiss in the case of Greco v. Verizon Commumications, Inc., holding that the effect of the antitrust laws should not be expanded to prohibit Verizon from refusing to provide DSL service to customers of competing local telephone providers. [...]
Willful copyright infringement constitutes “purposeful direction” in personal jurisdiction analysis
March 23rd, 2005
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The U.S. District Court for the Northern District of California has confirmed that a defendant subjects itself to specific personal jurisdiction in a forum when it (1) willfully infringes the copyright of a resident of that forum, and (2) knows the plaintiff’s principal place of business is in that forum. Brayton Purcell LLP, a California [...]
New legal podcast: IPtelligentsia Podcast
March 22nd, 2005
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Andrew Raff over at the IPTAblog has, in his own words, jumped on the podcasting bandwagon with a very well put together show. “This [inaugural] ‘cast looks at MGM v. Grokster, in particular, how the arguments made at oral arguments were reflected in the 9th Circuit ruling.”
Internet access during trial provides unfair advantage
March 21st, 2005
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The New York Workers’ Compensation Board allowed the State Insurance Fund to install a wireless network in the Syracuse office of the Board, enabling the Fund’s attorneys to access their files during proceedings before the Board. Other attorneys appearing before the Board were denied wireless Internet access. The Central New York Workers’ Compensation Bar Association, [...]
Time Warner ordered to identify sender of offensive e-mail
March 19th, 2005
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In the case of Fitch v. Doe, the Supreme Court of Maine has held that while the Cable Communications Policy Act of 1984 generally prohibits a cable operator’s disclosure of subscriber information, an exception provided in the Act allows disclosure to nongovernmental entities pursuant to court order, so long as the subscriber has received notification [...]
