The CyberEntertainment Lawyer

It’s no secret that all forms of entertainment have embraced and migrated to the web. Why? The internet allows you to select what, when, where, and how the new media is delivered. The present technology provides a vast new world of opportunities to those engaged in the entertainment industry, including artists, musicians, producers, actors, writers, production companies, the film industry, radio and television stations, record distributors, game designers, and many more. It was not long Continue reading The CyberEntertainment Lawyer

Cloud Law

Cloud Law Systems :: Cloud Law Office Practice Management and Billing Software CLOUD LAW is downloadable software, available at http://cloudlawsystems.com, you install on your own web server that provides web based law practice management applications and services designed specifically for lawyers by lawyers. With CLOUD LAW, your paperless virtual law office is conveniently centrally located at your web site and comes right out of the box with all the features you need for 5 attorneys Continue reading Cloud Law

Principal Sued Individually for Chilling Student’s 1st Amendment Rights

Pembroke Pines, FL. In Katherine Evans v. Peter Bayer, US District Court for the Southern District of FL (2008), Magistrate Judge Barry Garber ruled against Peter Bayer’s, Principal of Pembroke Pines Charter High School, motion to dismiss the case against him individually for suspending Katherine Evans, a senior, who set up a Facebook page to complain about her teacher. Magistrate Garber agreed that Evans’ First Amendment rights were chilled and Bayer had personal exposure to Continue reading Principal Sued Individually for Chilling Student’s 1st Amendment Rights

Toronto Radio Podcast on Cyberbullying

Toronto Radio NewsTalk 1010 host Jamie Hofing interviewed Elliot Zimmerman on Dec. 16, 2009 regarding whether students have a right to be mean online. A recent LA Times article reported that a Beverly Hills school suspended an 8th grade student who posted a video on YouTube with several other students calling yet another student “spoiled,” a “brat,” and a “slut.” Read the article here.   The suspended student took the case to federal court, saying Continue reading Toronto Radio Podcast on Cyberbullying

Embedded Metadata Subject to Discovery

The Arizona Supreme Court ruled on Thursday, October 29, 2009, in Lake vs. City of Phoenix, CV-09-0036-PR that: Arizona law provides that public records and other matters in the custody of any officer shall be open to inspection by any person at all times during office hours. Ariz. Rev. Stat. (A.R.S.) §§ 39-121 (2001). The City of Phoenix denied a public records request for metadata in the electronic version of a public record. We today Continue reading Embedded Metadata Subject to Discovery

Kaleidescape Ruling Overturned

On August 12, 2009, just one day after Judge Marilyn Hall Patel ruled against RealNetworks, Inc. and RealNetWorks Home Entertainment, Inc. (“RealNetworks”) granting DVD Copy Control Association, Inc. (“DVD CCA”) and several motion picture studios a preliminary injunction that prevents RealNetworks from selling or licensing its RealDVD software [RealNetworks, Inc. et al. v. DVD CCA et al., Case No. C 08-04548 MHP (N.D. Ca. 2008)], the California Court of Appeals for the Sixth Appellate District Continue reading Kaleidescape Ruling Overturned

Judge Patel Gets Real

On August 11, 2009, Judge Marilyn Hall Patel ruled against RealNetworks, Inc. and RealNetWorks Home Entertainment, Inc. (“RealNetworks”) granting DVD Copy Control Association, Inc. (“DVD CCA”) and several motion picture studios a preliminary injunction that prevents RealNetworks from selling or licensing its RealDVD software. See RealNetworks, Inc. et al. v. DVD CCA et al., Case No. C 08-04548 MHP (N.D. Ca. 2008). Click here to read the 58 page Order and Memorandum. The court found Continue reading Judge Patel Gets Real

No Attorneys Fees For Dismissal Of Copyright Case

In Cadkin v. Loose, 569 F.3d 1142 (9th Cir. 2009), the Ninth Circuit held that a voluntary dismissal without prejudice does not confer prevailing party status for a claim brought under the Copyright Act. Accordingly, Defendant was not entitled to attorneys’ fees under Section 505 of the Copyright Act which provides that the court may, in its discretion, award full costs, including reasonable attorneys’ fees, to the prevailing party in a claim arising under the Continue reading No Attorneys Fees For Dismissal Of Copyright Case

Thomas Must Pay RIAA $1.92M

In the retrial of RIAA v. Thomas, the Defendant was found guilty of willful infringement of copyright in the amount of $1.92M by a jury in a Minnesota federal court. This exceeded the first judgment by $1.7M. Obviously, two times is not a charm.