Monthly Archives: October 2011

Snap-On v. O’Neill

by Gaurav Shetti and Philip Foeckler In this case the plaintiff alleges unlawful access in violation of the CFAA. This case provides further insights into different legal arguments and interpretations regarding the CFAA, and best practices for EULA’s, through comparison … Continue reading

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Patent Trolls

Popular Mechanics has a nice recap this week on patent trolls and non-practicing entities. A recent study led by Boston University law professor James Bessen (Go Terriers!) found that organizations have lost half a trillion dollars from their bottom lines … Continue reading

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Hot News : BARCLAYS CAPITAL INC v. THEFLYONTHEWALL COM INC

By: Natarajan Chakrapani & Kuldeep Kapade Similar to the Reading (NBA vs Motorola Inc.) for the class , The case in question presents the claim of the plaintiffs (Barclays) of alleged hot news misappropriation of their financial recommendations by the … Continue reading

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Do we really need COPPA?

Interesting article on COPPA, have a read: http://ideas.time.com/2011/10/18/do-we-really-need-to-protect-children-from-the-internet/

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Software Licensing and Consumer Protection

by Kiran Chandramohanan and Dave Lester During our Monday class, we were introduced to different descriptions of how users enter contracts for software, through clickwrap, browsewrap, and shrinkwrap licenses. What are terms that a user agreement and license can and … Continue reading

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Additional background on shrinkwrap/clickwrap/browsewrap and copyright preemption issues

This article is very accessible and provides some additional depth on the issues discussed in Monday’s class. http://www.chtlj.org/volumes/v26#v026.i1.Abruzzi.pdf

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Redesigning and Reclaiming Terms Of Service

By Allie Wang and Bryan Rea http://www.thedaily.com/page/2011/09/06/090611-tech-technews-itunes-redesign-1-2/ http://www.iagreeto.org/ http://smallprint.netzoo.net/reag/ Does anyone really read the Terms of Service (TOS) or End User License Agreements (EULA) that come with software purchases? Can they really be enforced? If “notice and consent have outlived … Continue reading

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Fair Use: Righthaven v. Hoehn

By Naila AlKhalawi & Ryan McAdam http://www.wired.com/threatlevel/2011/06/fair-use-defense/ http://arstechnica.com/tech-policy/news/2011/08/righthaven-rocked-owes-34000-after-fair-use-loss.ars Context & Background Fair use is a limitation on the exclusive rights – typically granted to copyright owners – which allows unauthorized use of copyrighted work. This is detailed by the Copyright … Continue reading

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Limitations on Personal Use of Encrypted Content

By: Naehee Kim and Tristen Lall  As the ways of creating, publishing, distributing and consuming media content have evolved, the dynamics between a copyright holder’s rights to its works and an individual user’s rights to his physical possessions have changed … Continue reading

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Reebok EasyTone Settlement

http://consumerist.com/2011/09/reebok-to-fork-over-25-million-in-refunds-over-deceptive-ads-for-easytone-shoes.html Just last week, the FTC and Reebok agreed to a $25 million settlement for deceptive advertisement.  Reebok claimed in their ads that their EasyTone shoes would provide extra tone and strength to the leg and buttock muscles.  FTC then … Continue reading

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