This Week in Law (TWiL) episode 16 is up, and it’s an interesting one. I was really happy to be part of a super deluxe panel comprised of host Denise Howell, Nicole Black, Marty Schwimmer and Ernie Svenson. We talked about a number of interesting topics like the DMCA anticircumvention provisions, ediscovery, Viacom v. Google [...]
Archive for July, 2008
CFAA requires intent to cause harm, not merely intent to transmit
July 17th, 2008
Comments Off
Kalow & Springnut, LLP v. Commence Corporation, 2008 WL 2557506 (D.N.J. June 23, 2008) The federal Computer Fraud and Abuse Act (CFAA), 18 U.S.C. §1030 et seq. creates civil liability for anyone who “knowingly causes the transmissions of a program, information, code, or command, and as a result of such conduct intentionally causes damage without [...]
He was a trademark owner, she was a competitor, he would take her to court over keyword advertising.
July 16th, 2008
2 Comments
In a lawsuit filed recently, Plaintiff Rosetta Stone Ltd. claimed that Defendants Rocket Languages Ltd. et al. infringed Rosetta Stone’s trademarks and engaged in unfair competition. The Plaintiff provides foreign language educational software under the registered mark: Rosetta Stone, and is probably most famous for their clever “farmboy supermodel” ads. Rosetta Stone claims that the [...]
Wouldn’t Privnote be better if it had a privacy policy?
July 8th, 2008
3 Comments
Update (added 7/10): Privnote now has a Privacy Policy: https://privnote.com/privacy/ Last week ReadWriteWeb profiled Privnote, which provides a service that purportedly allows you to send messages that will self destruct upon being read by the recipient. Great for back channel communications or the transmission of other private or sensitive information. Intriguing, to say the least. [...]
Software distributor agreement violated New York’s Rule Against Perpetuities
July 2nd, 2008
Comments Off
McAllister Software Systems, Inc. v. Henry Schein, Inc., No. 06-0093, 2008 WL 922328 (E.D. Mo. April 2, 2008) This case came out about three months ago, and I should have blogged about it then but it slipped by. It’s a quirky holding, what with the Rule Against Perpetuities, so it’s worth going back to pick [...]
Accused blogger did not cause substantial emotional distress
July 1st, 2008
Comments Off
Ramsey v. Harman, — S.E.2d —-, 2008 WL 2415127 (N.C.App. June 17, 2008) Defendant Harman maintained a blog on which she put up some posts accusing plaintiff Ramsey’s daughter of being a bully. Harman also posted this: With all the bulling [sic] and harassing that goes on in our school system. Then the trouble that [...]
