McDonald’s is Lovin’ It! — Contest Rules Upheld
By John Ottaviani James v. McDonald’s Corp., No. 04-2383 (7th Cir. 8/2/2005). This is not a technology case per se, unless scratch-off game cards that accompany french fry orders are considered “technology.” However, the contract principles that underlie this case…
Algorithm for Analyzing Liability for Contributing to Copyright Infringement
By John Ottaviani Professor David Post has an interesting article (free subscription required) in the August 3, 2005 issue of the National Law Journal, in which he reviews the “Sony doctrine” of secondary liability for copyright infringement. In Sony, the…
Implications of Grokster Presentation
By John Ottaviani Here are the slides from a presentation I gave Saturday on the “Implications of Grokster” at the American Bar Association meeting in Chicago. The more interesting part of the presentation is toward the end, discussing “what we…
Proposed GPL Version 3: Revenge of the Free Software Foundation?
By John Ottaviani Now for something NOT related to Grokster. Earlier this month, Richard Stallman and Eben Moglen released an article discussing their plans to update the GNU General Public License (“GPL”). Version 2 of the GPL was released in…
Federal Circuit Refuses to Register Pennzoil’s Clear Motor Oil Bottle as a Trademark
By John Ottaviani I tend to like “non-traditional” trademarks, such as color, sound, buildings, furniture designs, etc. So while we are “waiting for Grokster,” I note that the Federal Circuit recently affirmed, per curium, the 2004 decision by the Trademark…
Do You Want Pictures With That Download?
By John Ottaviani OK, maybe it’s just a slow news day, or maybe it’s because I’m working on a presentation for next week on the implications of open source software for attorneys involved in mergers and acquisitions of software companies,…
Web Gambling Advertising Suit Against Search Engines Allowed to Proceed
By John Ottaviani Business Wire is reporting that Judge Richard Kramer of the San Francisco County Superior Court has denied a motion to dismiss certain of the allegations in a class action lawsuit filed last summer against Google, Yahoo! and…
Judge Patel: Maintaining An Index of Downloadable Files is Not “Distributing” the Files
By John Ottaviani Although there was some confusion over Judge Patel’s May 11th ruling in the Napster investor litigation, her May 31 ruling leaves no doubt that the Section 106(3) distribution right is not infringed merely by maintaining an index…
Campbell v General Dynamics (II)
By John Ottaviani Eric pointed out that I neglected to mention in my post yesterday this case is actually one of the few reported “E-SIGN” decisions. The district court had questioned whether or not an e-mail agreement to arbitrate satisfies…
When In Doubt, Spell it Out — The Hazards of Using E-Mail to Amend Contracts
By John Ottaviani Although the First Circuit’s May 23 opinion in Campbell v. General Dynamics Government Systems Corp. arises in the employment context, any company that engages in the practice of amending the terms of use, a privacy policy or…