Tag Archives: case law

On February 11, 2005, Florida’s 5th District Court of Appeals upheld a trial court’s decision to suppress captured real time communications in O’Brien v. O’Brien, Case Number 5D03-3484, a dissolution of marriage case. The use of Spector software or other spyware to monitor real time chats and/or communications on a computer without all parties’ consent constitutes an illegal intercept under Florida’s Security of Communications Act (Chapter 934) as well as the Federal Wiretap Act found Continue reading Spector Spyware Violates State and Federal Wiretap Laws→

Florida Senate Bill 750, submitted by State Senator Baker, removes talent agencies from DBPR’s authority, sets business and bonding requirements for talent agencies, and provides for civil and criminal remedies for violations of the act. Click here to view.

Two men plead guilty to violating copyrights on peer-to-peer networks, marking the first federal criminal convictions for file sharing. According to the Justice Department, William R. Trowbridge, 50, of Johnson City, N.Y., and Michael Chicoine, 47, of San Antonio, each operated an online hub that let people exchange video games, computer programs,digital music and movie files. Both were members of the Underground Network which used Direct Connect software to copy files. The Justice Department stated Continue reading First Federal Convictions for P2P File Sharing→

The Eighth Circuit Court of Appeals issued a decision today that will stop entertainment corporations from gaining access to the names of people using peer-to-peer (P2P) networks unless the companies file lawsuits against them and furnish actual evidence of copyright infringement. Read the article here.

Jathan Desir, 26, of Iowa City, pled guilty on 12/22/04 to copyright infringement and conspiracy charges stemming from his part in “Warez,” which is a web ring that distributes pirated software, games, music and movies over the internet. Desir faces up to 15 years in prison and will be sentenced in March, 2005.

On December 10, 2004, the U.S. Supreme Court decided it will hear MGM’s appeal in MGM Studios v. Grokster, No. 04-480. Oral argument is set for March, and a decision is expected by July.

In Barrett v. Rosenthal, California Supreme Court [No. S122953], the Supreme Court of California is presently reviewing a decision by the California Court of Appeal, First District, Div. Two [No. A096451], which held Illena Rosenthal, a woman’s health advocate, liable for posting a controversial opinion piece on a Usenet news group. The piece was written not by Rosenthal, but by Tim Bolen, a critic of plaintiff Terry Polevoy. Federal law provides that no provider or Continue reading Liability for CyberLibel?→

Judge William Alsup, in Twentieth Century Fox Film Corporation et al. v. Does 1-12, Case No. C 04-04862 WHA in the U.S. District Court for the Northern District of California, ruled on November 16, 2004 that plaintiffs, several movie studios, couldn’t sue several alleged “John Doe” defendant file sharers collectively in one suit. Instead, they must sue each defendant individually. Joinder of unrelated defendants violated FRCP 20 since, although the basic claim was similar, the Continue reading Movie Studios Can’t Sue File Sharers Collectively→

The U.S. has been a party to the Madrid System, which allows international registration of marks with a single application in the U.S. PTO, since November 2, 2003. The Madrid System is governed by the Madrid Protocol (1891) and WIPO. As a prerequisite to obtaining an international registration in the U.S. PTO under the Madrid System, the mark must be pending or registered in the U.S. PTO. Subsequently, international registration can be made, prosecuted and Continue reading International Trademark Protection→

Streamcast and Grokster filed a joint brief urging the Supreme Court to let the 9th Circuit’s decision stand. Read the story here.