.... so says a New York court in a case involving only the transcripts of ab internet chat.
Read the opinion here.
Read the opinion here.
Moreover, there is no question that preparing a defense to SCO’s allegations would require a line-by-line analysis of the code at issue, even if that code is not alleged to have been literally copied, as illustrated by the cases IBM provided to Judge Wells (and previously provided to this Court) (see Addendum A) and by SCO’s own cases.
The merits of leaving your wireless access point (WAP) open have been discussed and debated at length, especially when it comes to law enforcement. There is a growing belief that file sharers can protect themselves against lawsuits by keeping their wireless access points open. The problem is, it won't necessarily.
Printouts of Web pages purporting to indicate how a Web page appeared at a prior point in time, supplied by the Internet Archive's "Wayback Machine" service, are inadmissible without authenticating testimony from someone familiar with how the pages were created, the U.S. District Court for the Eastern District of New York held March 26 (Novak v. Petswarehouse.com, E.D.N.Y., No. 06-cv-1901, 3/26/07).
Because this tactic would allow Findwhat to increase its profits solely at its discretion and with no benefit to Payday, it is
plausible that it could be found to “destroy or injur[e]” Payday’s rights under the contract. Dalton, 663 N.E.2d at 291. It is furthermore likely that a reasonable advertiser entering into such a contract would expect that, whatever the external risks of unproductive “clicks,” it would not be subjected to unbounded increases in its prices at the hands of its promisor or at its promisor’s direction.
For example, law enforcement officials talk about the spread of zombie “botnets” to support broader computer crime laws. Privacy advocates fret about super-hackers who can steal millions of identities with a few keystrokes. Digital rights management opponents argue that DRM is inherently flawed, because some hacker will always find an exploit. (The DRM debate is unusual, because the power-user trope appears on both sides: DRM proponents argue that because they can never win the arms race against powerful users, they need laws like the DMCA.)
These stories could usefully contribute to these debates if they were cited for what they were: interesting anecdotes that open a window into the empirical realities of online conflict.
Although defendants‟ EULA and TOU prohibit circumvention of the Warden software for interoperability purposes, such restrictions in the defendants‟ agreements constitute copyright misuse. And such restrictions are preempted by the interoperability exception in the DMCA. 17 U.S.C. § 1201(f). Thus, because the defendants‟ Warden software attempts to preclude third-parties from independently writing software that lawfully interacts with World of Warcraft, the defendants have misused their copyright.
A judge violated a juvenile's free-speech rights when he placed her on probation for posting an expletive-laden entry on MySpace criticizing a school principal, the Indiana Court of Appeals ruled.
The three-judge panel on Monday ordered the Putnam Circuit Court to set aside its penalty against the girl, referred to only as A.B. in court records.
In the competitive and lucrative market for farting dolls, Pull My Finger Fred has won out over Fartman, with a federal appeals court ruling that Fartman infringed Fred and that Fred's maker is entitled to attorney fees.
The U.S. Court of Appeals for the 7th Circuit affirmed a jury award of nearly $300,000 in damages and $575,000 attorney fees to JCW Investments Inc. in its copyright and trademark infringement suit against Novelty Inc.
So long as a forum selection clause in an online contract's terms is readily accessible and clear, requiring users to scroll down or print the contract to see it and other terms is acceptable, and will not absolve a party who clicks "I Agree" without taking the time to view the whole agreement, the U.S. District court for the Northern District of Pennsylvania held March 28 (Feldman v. Google Inc., N.D. Pa., No. 06-2540, 3/28/07).
EMI said every song in its catalogue will be available in the "premium" format. It said the tracks without locks will cost more and be of higher quality than those it offers now.
Popular EMI artists include Lily Allen, Joss Stone, Robbie Williams, Coldplay and Corinne Bailey Rae.