By John Ottaviani There’s been some discussion and misconceptions about Judge Patel’s latest ruling in the long-running Napster saga. Although her May 11 order has been described as holding that the Section 106(3) distribution right does not extend to maintaining…

This one made me laugh. It’s illegal to drive without a seat belt in Vermont. Billboards are also illegal in Vermont. So when the Vermont Highway Safety Program wanted to remind people to buckle up, they bought billboards in Massachusetts…

BNA (registration required) runs an article recapping state-level activity on mandatory security breach notification laws. Seven states (Arkansas, California, Georgia, Indiana, Montana, North Dakota, and Washington) have adopted laws, and Florida is expected to join this list soon. The laws…

Granholm v. Heald, 544 U.S. __ (May 16, 2005). The US Supreme Court, in a 5-4 vote, has declared that states cannot discriminate between out-of-state wineries and in-state wineries in allowing direct-to-consumer sales. Such discrimination violates the dormant commerce clause….

The Milwaukee Journal-Sentinel reports on Dave Bink, a Racine dad who was sued by the RIAA because of KaZaA downloads made by his 13 year old daughter. He has decided to fight the lawsuit in court because (a) his daughter…

After the first 716 comments on orphan works, you’d think the Copyright Office would have had enough. Instead, they allowed the filing of “responses” to the initial 716 comment salvo and got another 145 comments. Whew! That’s a lot of…

Yahoo has been sued for allowing child pornographers to communicate with each other using hosting and messaging services from Yahoo Groups. Prediction: Yahoo will win this case on a motion to dismiss based on 47 USC 230. Why? There is…

Microsoft’s share of the browser market has dipped below 90%. On my blogs, the numbers are even less favorable for Microsoft. Consider my blog stats in the month of May (so far): “Unknown” 50.9 % (I believe this includes RSS…

Sen. Allen promised to introduce an anti-spyware law about a month ago, but Internet News is reporting that he introduced a bill yesterday. A copy is not yet on Thomas or on Sen. Allen’s website. The article suggests that Allen…

The “Committee print” version of the proposal is available here. Prior comments here.

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