Technology Law Update

Copyright Office Releases Report on Orphan Works

The Report recommends that the Copyright Act be amended to limit remedies against an infringer who "(1) performed a good faith, reasonably diligent search to locate the owner of the infringed copyright and the infringer did not locate that owner, and (2) throughout the course of the infringement, provided attribution to the author and copyright owner of the work, if possible and as appropriate under the circumstances.


Report: http://www.copyright.gov/orphan/

Authorized Acesss To Computer Servers Is Insufficient Proof Of Unauthorized Installation Of Malicious Software And Interception Of E-Mail

Evidence of a technology company's authorized, unrestricted access to a business partner's servers is insufficient by itself to support the business partner's claim that the company installed a malicious Trojan Horse program and unlawfully intercepted e-mails. Expert Business Systems v. Bi4ce, Inc., No. 04-600, 2006 U.S. Dist. LEXIS 3631 (D. Md. Jan. 31, 2006).

Blog Parody Of Principal Caused School Disruption Justifying Discipline Of Student Blogger

Although a student's creation of a blog parodying the school principal may be protected by the First Amendment, the student can be disciplined for "actual disruption of the day-to-day operation" of the school resulting from the parody. Layshock v. Hermitage School District, No. 2:06-cv-116, 2006 U.S. Dist. LEXIS 3602 (W.D. Pa. Jan. 31. 2006).

180solutions Drops Suit Against Security Software Developer Over "High Risk" Designation

The suit was dropped after Zone Labs changed its designation of the 180solutions solftware from "high risk" to "suspicious."

German Court Rules In Favor Of RIM In BlackBerry Patent Case

The German court ruled in RIM's favor in a patent suit brought by Luxembourg-based InPro.

IT Professionals Whose Work Was Outsourced Offshore May Be Entitled To Trade Adjustment Assistance Benefits

Information technology workers whose production of computer software code was outsourced offshore may be eligible for trade adjustment assistance under the Trade Act despite a contrary ruling by the Labor Department. Former Employees of Computer Sciences Corp. v. U.S. Secretary of Labor, No. 04-00149, 2006 Ct. Intl. Trade LEXIS 16 (Ct. Int'l Trade Jan. 27, 2006).

Los Angeles Sues Grand Theft Auto Distributor Under City Consumer Fraud Law

The Los Angeles City's Attorney's office brought the action, claiming that the distributor made misleading statements in marketing the game and engaged in unfair competition, with respect to explicit content in certain hidden features in the game.

Maryland Appellate Court Upholds Constitutionality Of State Spam Law

The Maryland Commercial Electronic Mail Act (MCEMA), which prohibits the transmission of false or misleading commercial electronic mail to or from a computer within Maryland, does not violate the dormant Commerce Clause of the U.S. Constitution. MaryCLE, LLC v. First Choice Internet, Inc., No. 2321, 2006 Md. App. LEXIS 2 (Maryland Special App. Ct. Jan. 26, 2006).

ChoicePoint Pays $15 Million To Settle FTC Data Security Charges

The payment consists of $10 million in civil penalties and $5 million in consumer redress. The charges concerned the compromise of financial information on 163,000 consumers. ChoicePoint also agreed to implement new data security procedures and obtain independent data security audits bi-annually for 20 years.

Washington Attorney General Sues "Spyware Cleaner" Distributor Under State Anti-Spyware Act

The complaint filed against Secure Computer, LLC, and related individuals includes claims under the federal CAN-SPAM Act, the Washington spam statute, and the Washington consumer protection statutes.