Barry Sookman

Copyright, Intellectual Property, Computer, Internet, e-Commerce Law.

Archive for July, 2010

Computer and Internet Law Updates for 2010-07-31

July 31st, 2010

Computer and Internet Law Updates for 2010-07-30 http://goo.gl/fb/7dsft #
Google Protected by 17 USC 512(d) for Links to Infringing Content; Perfect 10′s Takedown Notices Wer http://bit.ly/96VNqH #
French Hadopi law to go into effect, studies show 90 percent will stop illegal downloading after 2nd notice http://bit.ly/9mN24w #
Finnish Govt Criticized for notice and notice without potential sanctions for repeat copyright infringements http://bit.ly/d72AVo #
Psystar says copyright only governs copying, not use restrictions http://bit.ly/bTbxr8 #
johndegen.com – sue the simile http://bit.ly/9V1CZS #
California group to Apple: you lie! http://bit.ly/b1rSMm #

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Posted in Computer & Internet Law Weekly Update

Tags: computer internet law updates Copyright intellectual property

Computer and Internet Law Updates for 2010-07-30

July 30th, 2010

Illegal downloading hurts producers and consumers, too http://viigo.im/4mIb #
Computer and Internet Law Updates for 2010-07-29 http://goo.gl/fb/zyxmq #
MGE v GE-what did the 5th Circuit decide about the scope of the DMCA TPM provisions and was… http://goo.gl/fb/f7Qe2 #
Ryanair wins Dutch case over scraping website
http://bit.ly/8XToEr #
Dutch draft bill aims to expand cybercrime enforcement http://bit.ly/9qoD70 #
Is Wikileaks the Napster of Confidential Information? http://bit.ly/cknQJM #
Federal Court of Appeal discusses patent disclaimers in the Hershkovitz case http://bit.ly/aSwKCm #
UK Culture Committee to review arts funding http://bit.ly/c0mwER #

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Posted in Computer & Internet Law Weekly Update

Tags: computer internet law updates Copyright intellectual property

MGE v GE-what did the 5th Circuit decide about the scope of the DMCA TPM provisions and was it right?

July 29th, 2010

Last week, the US Court of Appeals for the 5^th Circuit released a controversial decision interpreting Section 1201(a) of the DMCA in MGE UPS Inc v GE Consumer and Industrial, Inc. 2010 WL 2820006 (5th Cir.2010). Prof. Geist has suggested that the case decided that the “DMCA is limited to guarding access controls only to the extent that circumvention would violate the copyright rights of the copyright owner.” His summary of the case is neither accurate nor complete. Here’s why.

The MGE case

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Posted in c-32, Copyright, copyright reform, Fair Dealing, Fair Use, MGE v GE, TPMs

Tags: barry sookman c-32 circumvent access control tpms copyright infringement digital locks dmca mge tpms

Computer and Internet Law Updates for 2010-07-29

July 29th, 2010

Computer and Internet Law Updates for 2010-07-28 http://goo.gl/fb/mbVya #
Serious damages in Russian copyright case http://bit.ly/cM5HUI #
Apple, Time, Inc. Fighting Over Ability To Sell Digital Subscriptions? http://bit.ly/cY4eWj #
Victory For Nintendo As R4 Cards Made Illegal In The UK under UK's anticircumvention laws http://bit.ly/bcRc7Z #
Russian regional court orders YouTube blocked http://bit.ly/91NOxi #
Microsoft Cries Foul Over Google Tie-Up with Yahoo Japan http://bit.ly/bq9Gcz #
Google to use server side authentication systems for Android To Fight Piracy With Licensing Service for apps http://bit.ly/clUYXG #
Jive & Wail in Maplewood Sued for Copyright Infringement by BMI http://bit.ly/dhMS0u #

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Tags: computer internet law updates Copyright intellectual property

Computer and Internet Law Updates for 2010-07-28

July 28th, 2010

iinet appeal to be heard next week http://bit.ly/b4YaOu #
Computer and Internet Law Updates for 2010-07-27 http://goo.gl/fb/R0nxz #
Access Copyright Wins in Federal Court http://bit.ly/bGopMG #
CBC | Top Stories News – Copyright reform bill to get review http://bit.ly/cK167n #
Discovers Security Flaw in iPhone Application – http://nyti.ms/b2Il8U #
Questions About Internet Privacy – Bits Blog – NYTimes.com http://nyti.ms/aMXMUc #
We must support c-32, http://bit.ly/9TEuzj #
Educational Tariff Certified by Copyright Board Upheld by Federal Court of Appeal http://goo.gl/fb/4zJlG #
Copyright Office Exempts Six Classes of Works from DMCA’s Access Control Anti-circumvention… http://goo.gl/fb/hzdPX #

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Tags: computer internet law updates Copyright intellectual property

Computer and Internet Law Updates for 2010-07-28

July 28th, 2010

iinet appeal to be heard next week http://bit.ly/b4YaOu #
Computer and Internet Law Updates for 2010-07-27 http://goo.gl/fb/R0nxz #
Access Copyright Wins in Federal Court http://bit.ly/bGopMG #
CBC | Top Stories News – Copyright reform bill to get review http://bit.ly/cK167n #
Discovers Security Flaw in iPhone Application – http://nyti.ms/b2Il8U #
Questions About Internet Privacy – Bits Blog – NYTimes.com http://nyti.ms/aMXMUc #
We must support c-32, http://bit.ly/9TEuzj #
Educational Tariff Certified by Copyright Board Upheld by Federal Court of Appeal http://goo.gl/fb/4zJlG #
Copyright Office Exempts Six Classes of Works from DMCA’s Access Control Anti-circumvention… http://goo.gl/fb/hzdPX #

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Tags: computer internet law updates Copyright intellectual property

Copyright Office Exempts Six Classes of Works from DMCA’s Access Control Anti-circumvention Prohibitions

July 27th, 2010

Yesterday, the Librarian of Congress announced the classes of works subject to an exemption from the prohibition against circumvention of technological measures that control access to copyrighted works.

Accompanying ruling was the Statement of the Librarian of Congress on the Anticircumvention Rulemaking, the Recommendation of the Register of Copyrights, and the Determination of the Librarian of Congress and Text of the Regulation (to be published in Federal Register).

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Posted in Copyright, TPMs, WIPO Treaties

Tags: barry sookman Copyright digital locks dmca rulemaking tpms

Educational Tariff Certified by Copyright Board Upheld by Federal Court of Appeal

July 27th, 2010

The Federal Court of Appeal released an important decision on Friday ruling on the subject of fair dealing in the K-12 educational sector. At issue was whether the Copyright Board erred in holding that when teachers copy books and other copyright materials for classroom use such copying is not covered by the fair dealing exception for private study. The Court dismissed the judicial review application holding that the “Board laid out the appropriate test from CCH and, through clear and comprehensible reasons, came to a justifiable conclusion. I see no reviewable error in respect of this issue.”

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Posted in Copyright, Fair Dealing

Tags: barry sookman Copyright copyright board fair dealing education tariff

Computer and Internet Law Updates for 2010-07-27

July 27th, 2010

Computer and Internet Law Updates for 2010-07-26 http://goo.gl/fb/fMnrt #
Twitter example of the business costs of inadequate security http://bit.ly/dhGcSE #
The mystery of the copyright deposit piles http://bit.ly/aRlN0S #
Forum selection clause in clickwrap agreement enforceable http://bit.ly/9Dk6k6 #
Library of Congress Anti-circumvention rule-making regs with reasons http://bit.ly/9FE3R7 #
Federal Court of Appeal upholds narrow claim construction but overturns decision re obviousness for combination patent http://bit.ly/bAAhtG #
Jailbreaking iPhone Is Now Legal In The US – iPhone Hacks http://bit.ly/amFGLQ #
Shakira and Sony being sued in Zimbabwe for copyright infringement http://bit.ly/bXd0jj #

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Tags: computer internet law updates Copyright intellectual property

Computer and Internet Law Updates for 2010-07-26

July 26th, 2010

Computer and Internet Law Updates for 2010-07-25 http://goo.gl/fb/CcVKE #
Computer and Internet Law Weekly Updates for 2010-07-25 http://goo.gl/fb/wfgqH #
Facebook Breach of Privacy Class Action http://bit.ly/aaqqBm #
Link to Federal Court of Appeal Educational tariff k-12 JR decision at http://ow.ly/2gfxo #
Is Joost The Answer For Internet TV ? http://bit.ly/ctpJQ9 #
AFACT wants ISP, content maker code, but iiNet demurs http://bit.ly/dAVxm5 #
Last Week’s DigitalKoans Tweets 2010-07-25 http://bit.ly/cLomHt #
Mass BitTorrent Lawsuits Now Target Private Trackers | TorrentFreak http://bit.ly/b6dTK4 #
'I'm just dying to download it', but its wrong http://bit.ly/am0FIr #

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