Video of the Patent Opera Is Now Online!
Last week, the High Tech Law Institute hosted a performance of “The Passionate Patent,” perhaps the only opera ever written that relates in any way, shape or form to patent law. The creators self-describe the opera as “Experience the challenge…
Social Worker’s Facebook Rant Justified Termination — Shepherd v. McGee
Shepherd v. McGee, 2013 U.S. Dist LEXIS 159432 (D. Or. Nov. 7, 2013) Plaintiff Jennifer Shepherd was a child protective services (CPS) caseworker for the Oregon Dept. of Human Services (DHS). She investigated reports of child abuse and made recommendations…
Think Hoarding Passwords Keeps You Safe From Firing? Think Again (Forbes Cross-Post)
Most employees think they are indispensable to their employers, but in fact, most employees are easily replaced. A recent legal ruling involved an IT manager who sought job security by holding “the keys to the kingdom”–the passwords to the company’s…
“Wiggin Out” Over a Wig Purchase Dispute Leads to Online Defamation – Sanders v. Walsh
At what point does online mudslinging become actionable defamation? In September, an appellate court in California upheld a wig seller’s liability for defamatory statements made on online forums, focusing on the false factual nature of the claims. Cite: Sanders v….
Lawsuit Over Google Hangouts Gutted–Be In v. Google
Be In v. Google, 12-cv-03373-LHK (N.D. Cal. Oct. 9, 2013) Be In developed “CamUP,” described as a “social entertainment consumption platform that allows a group of friends to simultaneously watch, listen, chat and collaborate around shared videos, music, and other…
Section 230 Protects Another Newspaper From Liability For User Comments–Hupp v. Freedom Communications
Hupp v. Freedom Communications, Inc., 2013 WL 5947033 (Cal. App. Ct. Nov. 7, 2013) This is a minor case involving a pro se plaintiff and a straightforward application of the law, so normally I wouldn’t blog it. However, over the…
“Does the U.S. Patent System Stifle Innovation” Notes
Last night, I moderated an Oxford-style debate at Zero1, which describes itself as “where art meets technology to shape the future.” The debate motion was “Does the U.S. Patent System Stifle Innovation,” and the two “pro” speakers were UCLA professor…
Police Officers Lean on School to Fire Social Worker for Facebook Post–and May Have Violated First Amendment
Perez v. Tedford, SA 13-CV-429-XR (W.D. Tx. Oct. 22, 2013) Plaintiff was a case manager at Communities in Schools of San Antonio. She was aware that an individual was subject to a protective order that prohibited contact with a student,…
No One Owns The Number ‘3.95%’ (We Think)–Banxcorp v. Costco (Forbes Cross-Post)
Banxcorp v. Costco Wholesale Corp., 09-CV-1783 (S.D.N.Y. Oct. 17, 2013). Who owns a single number, such as 3.95%? The question probably sounds crazy. Numbers are just facts, and the Supreme Court said in 1991 that facts aren’t copyrightable. So of…
Sexting a Minor Isn’t a Crime in Texas
Ex Parte John Christopher Lo, No. PD-1560-12 (Oct. 30, 2013) The highest criminal court in Texas struck down a portion of a Texas statute prohibiting “communicating in a sexually explicit manner” with a minor with the intent to arouse. (Section…