The Problems With Software Patents (Forbes Cross-Post)
…Copyrights and Trade Secrets Provide Adequate Production Incentives. Multiple aspects of software can qualify for copyright protection: the source code, the compiled code, the visual layout, the documentation, possibly even…
Preview of Our “Solutions to the Software Patent Problem” Conference
By Eric Goldman On Friday, we’re having our big academic conference of the semester, “Solutions to the Software Patent Problem.” At the conference, experts will propose their ideas of how…
Class Action Against Path Over Cellphone Address Book Access Keeps Going — Hernandez v. Path
…applies.” Both of these claims are dismissed with leave to amend. CA Anti-Hacking Law: The court denies the claims with respect to Section 502 (the statute implicated in Facebook v….
Employee’s Twitter Rant Means He Doesn’t Get Unemployment Benefits–Burns v. UCBR
…a code of conduct that required employees to “treat each other with respect” and prohibited harassment of any kind. A human resource partner testified that another employee complained about Burns’…
The Proposed “Cloud Computing Act of 2012,” and How Internet Regulation Can Go Awry (Forbes Cross-Post)
…“cloud computing service,” exemplifies this. 3) Code proliferation. For every problem, real or perceived, legislators think they can fix the problem with more regulatory code. But the manufacturing of new…
Marilyn Monroe’s Image is Cast Into the Public Domain — Sort Of (Guest Blog Post)
…to allow for testamentary disposition of the right for celebrities who died before January 1, 1985. SB 771 also added subsection (p) to California Civil Code section 3344.1, stating: “The…
Is a Website “Published” for Copyright Law Purposes?–Rogers v. BBB of Houston
…that BBB directed its new web developer to pull content from Rogers’ websites (mainly the source code). BBB moved for summary judgment on Rogers’s copyright infringement claims, arguing that Roger’s…
No Privacy Claim Against Netflix for Disclosing Viewing Histories and Instant Queue Titles Through Netflix-Enabled Devices — Mollett v. Netflix
…(and Cal. Civ. Code 1799.3) by .. get this .. freely displaying, to a subscriber’s family members, a subscriber’s “recently watched” and “instant queue titles” on the subscriber’s Netflix-Enabled Device….
Bank Might Bear Loss for Fraudulent Money Transfers Initiated From Its Website–Patco v Ocean Bank (Catch-Up Post)
…conclusions, albeit under slightly different portions of the Uniform Commercial Code. Article 4A of the UCC states that the risk of loss falls on the banks by default, but banks…
Ex-Employee’s Access/Misuse of Employer Files States CFAA Claim — Weingand v. Harland Financial
…proposed counterclaims brought by the employer against the employee. Nor surprisingly, the employer tried to assert claims under the Computer Fraud and Abuse Act (and California Penal Code section 502,…