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Academic

Tech Law Prof Blog

Written by professors of Business, Law & Technology and Legal Methods.
By Jonathan Ezor anad Michelle Zakarin

Post Frequency: 1.8/day

Last Entry: August 16, 2009 at 15:36:18

Court Says Fair Use is a Factor in Sending DMCA Notices

Posted on August 22, 2008
The Fair Use doctrine will get a day in court thanks to a decision by United States District Judge Fogel. Universal issued a DMCA take-down notice to YouTube over a 29 second video of a baby dancing to a barely...

China Says No to iTunes

Posted on August 22, 2008
iTunes is blocked in China because of a pro-Tibet compilation album for sale on the store. So, instead of twisting Apple's arm to surgically remove the offending content (We must obey local laws in order to do business in China),...

FCC Issues its Comcast Order

Posted on August 21, 2008
The FCC issued its order prohibiting Comcast from interfering with specific network applications and requiring the company to disclose its network practices to its customers. A good portion of the order (pages 6 through 23) defends the Commission's jurisdiction to...

Will Digital Television Make It To Cell Phones?

Posted on August 18, 2008
Now that the transition to digital television is getting close, there is one market in the United States that is getting shut down before it even gets a chance to fly, and that is free TV on a cell phone....

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OOXML Is Now a Standard

Posted on August 15, 2008
The ISO rejected appeals to reconsider making Microsoft's Open Office XML format a standard. More in Information Week. [MG]

Friday Fun

Posted on August 15, 2008
Check Out IT World's Lame and Lamer: 10 Dumbest Viral Marketing Campaigns. Some of them are downright painful in their conception. Find it here. [MG]

Appeals Court Upholds Open Source Licensing

Posted on August 14, 2008
The Federal Circuit Court of Appeals upholds open source licensing for software. The analysis is in BetaNews, with links to the opinion and other litigation documents. [MG]

More Fake Spam

Posted on August 13, 2008
Those fake CNN Alerts mentioned in Monday's blog posts are now joined by fake MSNBC Alerts. Be advised. [MG]

Google (yawn) Tops Lastest Search Market Share Figures

Posted on August 13, 2008
July search market share is in. Hitwise says Google is up to 70.77%, Microsoft is down to 5.36%, and Yahoo declined to 18.65%. Note to Steve Ballmer, keep those investments coming. Microsoft's share of search might increase a few hundredths...

MBTA to MIT Student Hackers: Let's Talk

Posted on August 13, 2008
Here's the latest on the tiff between the MIT students who have discovered vulnerabilities in the Mass Bay Transportation Authority's fare cards and the MBTA. There's a lot of gnashing of teeth over the prior restraint and First Amendment issues....

Another Patch Tuesday from MS

Posted on August 13, 2008
It's patch Tuesday for Microsoft, and today it's a big one. There are 26 vulnerabilities to correct, including two with exploits in the wild. More details from Computerworld. [MG]

Fake CNN Alerts Spread Malware Via Fake Flash

Posted on August 11, 2008
Are CNN Alerts showing up in your mailbox lately? Unless you actually signed up for Alerts, they are fake and clicking on a link to a story will install malware on your machine. You may see a message that asks...

iPhone Has A Kill Switch

Posted on August 11, 2008
Steve Jobs confirms the existence of a kill switch in the iPhone. He justifies it in case of a rogue application that can steal a customer's personal data. He hopes Apple never has to use it. And if Apple does...

DNS Software Flaws

Posted on August 11, 2008
It seems as though the patch for the flaws in DNS software has flaws of its own. Read about it in the New York Times.

Another Patent Lawsuit Against Google

Posted on August 08, 2008
This is a headline we'll be using forever. This time it's over the method for reporting statistics to advertisers over ads placed on third party sites. The story and related implications (yes, there are some) are in Information Week.

Pennsylvania Woman Pleads Guilty to Web Distribution of Obscenity

Posted on August 08, 2008
The case involved fictional stories of child molestation and worse that appeared as text or audio files. While the subject of the stories is horrific, there are some who claim that what happened here was protected constitutional speech, and that...

The Internet is a Vast Place of Stupidity At Times

Posted on August 08, 2008
Here are two stories, one and two. One is real, one isn't. You decide which is which.

Cablevision Wins Appeal on Remote DVR Service

Posted on August 06, 2008
Does it make a difference when someone records a television broadcast for personal use that the recorder happens to be in cable company's tech center rather than the living room? The Second Circuit said no, reversing a District Court's ruling...

Internet providers under microscope for tracking customers

Posted on August 04, 2008
Senior members of the House Energy and Commerce Committe are questioning the tracking patterns of some of the largest Internet providers in the United States. A letter was sent to each company asking for specific information on how the company...

Control and Track Employee Web Habits

Posted on August 04, 2008
At last, a new service that controls and monitors employee behavior on the web. Welcome to the brave new world of Zscaler, a security company that places corporate control of computers in the cloud, acting as a proxy and filtering...

Where to Find Comments on ACTA

Posted on August 04, 2008
The Anti-Counterfeiting Trade Agreement chugs along, with comments by rights holders that urge imposition of liability on ISPs for failing to block pirated material, among others. Another provision sought by the RIAA would hold the principle of "making available" equaling...

It's Official, FCC Slaps Comcast

Posted on August 01, 2008
Well, on a 3 to 2 (the Chair and two Dems in the majority) vote, the FCC ordered Comcast to be more transparent in its broadband network management, though no fine was issued. Comcast, as does it's industry supporters, disagrees...

LG Announces Combined Blu-Ray, Streaming Video Player

Posted on July 31, 2008
One of the reasons pundits thought that Sony's victory in the HD media war was Pyhrric had to do with streaming video. There are options out there, such as Apple TV, the Xbox Extender, Amazon's Unbox, the Media PC, and...

Italian Media Company Sues Google, YouTube

Posted on July 30, 2008
Google and YouTube are being sued by Italian media company Mediaset SpA for copyright violation. Mediaset found some 4,643 videos and clips they owned appearing on YouTube without permission. Mediaset wants 500 million euros as damages, or about $780 million...

Computer hacker loses extradition appeal

Posted on July 30, 2008
Gary McKinnon lost his appeal in Great Britain's high court yesterday, and will be subject to extradition to the United States, where he faces charges in the United States for computer hacking. In fact, "[p]rosecutors allege that McKinnon hacked into...

New Search Engine Cuil

Posted on July 28, 2008
The new search engine, Cuil, debuted Sunday night. The servers are running slow because of the interest in the offering from ex-Googlers. Reviews are starting to pop in, and here's one from PC Magazine. The notable features are that it...

FCC Expected to Hit Comcast on Net Management Practices

Posted on July 28, 2008
The FCC will be holding a meeting on Friday, August 1st, where the five commissioners will be considering a memorandum opinion and order addressing Comcast's network management practices. News reports indicate that there are at least three votes for penalizing...

Sirius and XM merger approved by FCC

Posted on July 27, 2008
What the monopoly merger will look like after the buy-out is still unclear, but with the final tie-breaking FCC vote in late Friday night, they are well on their way to one monolithic satellite radio offering for consumers. The companies...

Nokia and Qualcomm settle their differences

Posted on July 27, 2008
Finally ending "a bitter legal battle that has lasted nearly three years and spanned three continents" (quoted from CNN.com), Nokia and Qualcomm have agreed to settlement terms. Nokia has agreed to withdraw an antitrust complaint pending against Qualcomm at the...

Google Hit With Trade Secret Lawsuit Over email Tool

Posted on July 25, 2008
Another lawsuit is filed against Google, this time for misappropriating trade secrets. LimitNone worked with Google to create and market a tool that helped Outlook users migrate email, calendar, and contact information to Gmail. Google worked with LimitNone as part...

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