Knowledge of Infringing Videos Necessary For Action Against YouTube

Google’s YouTube is not liable for direct or indirect copyright infringement unless it fails to take down the offending video after proper notice, a New York District Court found. The court found that YouTube is protected from copyright infringement claims under the safe harbor provisions of the Digital Millennium Copyright Act (DMCA) because Google has […]
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Auditing Texts on City-Issued Pager OK

A police officer who used a city-issued pager to send private, sometimes sexually explicit, text messages has no right of privacy in the messages’ content, according to the U.S. Supreme Court. However, the Court’s opinion stopped short of making a general pronouncement as to what privacy rights may exist before the role of electronic communications […]
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Facebook, MySpace Emails Are Private

Your Facebook and MySpace emails and comments are private and cannot be subpoenaed, a U.S. District Court in California found. The court reasoned that the messages, once read by the recipient, are “stored” for backup purposes under the Stored Communications Act and cannot be divulged except by consent of the recipient. “With respect to webmail […]
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Emails Are No Different Than Postcards So Read Freely

Email messages are like postcards that anyone can easily read, so there is no expectation of privacy when you send an email using the office computer—at least in New York. “It is today’s reality that a reasonable expectation of internet privacy is lost, upon your affirmative keystroke,” a Criminal Court of the City of New York […]
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Judge Sues for Website Violating Privacy Policy

An Ohio state judge and her daughter have sued various entities for breach of contract for revealing confidential registration information provided when an account was set up on Cleveland.com to comment on legal issues. Cuyahoga Court of Common Pleas Judge Shirley Strickland Saffold alleges in her complaint that the Cleveland Plain-Dealer and Cleveland.com violated the […]
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Judge’s Internet Search to Confirm Hunch Is OK

It’s not error for a federal judge to use Google to confirm his hunch that there are different types of yellow rain hats when conducting a revocation of supervised release hearing. A judge said he did a Google search and found yellow rain hats like the defendant wore. “But there are also lots of different […]
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Korean War Memorial Stamp Infringed Copyright

The federal government infringed on the copyright of the person who designed the Korean War Memorial in Washington, D.C., when the postal service issued a stamp showing the memorial’s soldiers on a snowy day. Frank Gaylord, who designed and sculpted the 19 soldiers in the memorial called “The Column,” sued the United States over the stamp, […]
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School Issued Laptops Used to Spy on Students

A federal lawsuit accuses a Pennsylvania school district of using school-issued laptops to spy on students and their families using an embedded webcam. The lawsuit contends that that Lower Merion School District gave each high school student a laptop to use in school and at home but did not tell the students that the laptop […]
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A Recipe For an Injunction

A former Bimbo Bakeries executive’s plan to go to work for a competitor turned into a recipe for an injunction. Chris Botticella, a former vice president of operations for California for Bimbo, decided to take a similar position with Interstate Brands Corporation, a predecessor company to Hostess Brands, Inc. His actions following the decision to […]
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No Privacy Expectation On Unsecured Wireless Network

There is no reasonable expectation of privacy for the content in files stored in a computer linked to an unsecured Wi-Fi connection, even if the access to the network is not authorized. An Oregon federal court denied a motion to suppress evidence found on a convicted sex offender’s computer. A neighbor of the defendant used […]
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