Balough
July 12, 2016
(July 12, 2016) Even if you get permission from Facebook users to use their pages to send messages promoting your website, you still need Facebook’s permission. If Facebook doesn’t approve, you may be liable under the Computer Fraud and Abuse Act (CFAA)—at least after receiving a cease and desist notice. That’s the lesson learned by […]
Balough
June 22, 2016
(June 22, 2016) The Federal Aviation Administration (FAA) has issued a final rule governing the commercial use of small drones. The rule, which goes into effect in late August, covers only the operation of drones, referred to by the FAA as Unmanned Aircraft Systems (UAS), that weigh less than 55 pounds. The rule is silent […]
Balough
June 9, 2016
(June 9, 2016) A school bus turned into a 16th-century Spanish galleon at the Burning Man Festival may be art, but its destruction is not a violation of the Visual Artists Rights Act (VARA). The Ninth Circuit affirmed that La Contessa is not a “work of visual art” entitled to VARA protection. Instead, the galleon is […]
Balough
June 3, 2016
(June 3, 2016) If you are going to sample notes from a sound recording, do it in LA not Nashville to avoid an infringement claim. The Ninth Circuit found no copyright infringement with Madonna’s recording of Vogue because the song’s use of 0.23 second of a horn hit from a recording of Ooh I Love […]
Balough
May 27, 2016
(May 27, 2016) What advice attorneys need to give their clients on driverless cars is explored in an article by Richard C. Balough published by the American Bar Association’s Business Law Today. The age of autonomous vehicles is coming soon. You may soon be seeing vehicles on the road with no drivers as part of […]
Balough
May 22, 2016
(May 22, 2016) Privacy policies for commercial and private unmanned aircraft system (UAS or drone) operators have been proposed by the National Telecommunications & Information Administration (NTIA). NTIA said the best practices “are meant to go beyond existing law and they do not—and are not meant to—create a legal standard of care by which the […]
Balough
May 19, 2016
(May 19, 2016) The pleading stage is too early to resolve the food fight between two companies named Hyson over the Hyson trademark, the Seventh Circuit found. The issue is whether Hyson USA, Inc., the owner of a design mark for Hyson USA, acquiesced in allowing Hyson 2U, Ltd. to use the mark for the […]
Balough
May 11, 2016
(May 11, 2016) Illinois office holders have absolute immunity to defame citizens who criticize their official duties, but the reverse is not true. The Seventh Circuit reversed the trial court and granted summary judgment for Cook County Court Clerk Dorothy Brown, who had been sued for defamation and retaliation for filing a complaint against an […]
Balough
May 10, 2016
(May 10, 2016) Smart device manufactures must explain to the Federal Trade Commission (FTC) how they decide when to make security updates to address vulnerabilities in their devices. The FTC wants to more fully understand the policies, procedures, and practices for providing security updates for consumers for their smartphones, tablets, and other mobile devices. The […]
Balough
April 3, 2016
(April 3, 2016) For the first time, under a proposed Enforcement Guidance Bulletin, automobile makers will need to take into account cybersecurity vulnerabilities for their vehicles. The National Highway Traffic Safety Administration (NHTSA) published a request for public comments (RPC) in which it outlined the factors it would take into account to determine if cybersecurity […]
