by
Plaintiffs, BWP Media and National Photo Group, filed suit against T&S, an internet service provider, for direct and secondary infringement. Plaintiffs alleged that T&S hosted an internet forum on which third-party users posted images that infringed copyrights owned by plaintiffs. The district court granted summary judgment for T&S. The court adopted the volitional-conduct requirement in direct-copyright infringement cases, and found that BWP did not contend that T&S did, in fact, engage in such conduct. In this case, the court explained that T&S hosts the forum on which infringing content was posted, but its connection to the infringement ends there. Rather, the users posted the infringing content. Accordingly, the court affirmed the judgment. View "BWP Media USA, Inc. v. T & S Software Associates, Inc." on Justia Law

by
While investigating Doe concerning online child pornography, agents executed a warrant and seized iPhones and a computer with attached hard drives, all protected with encryption software. Forensic analysts discovered the password for the computer and found an image of a pubescent girl in a sexually provocative position, logs showing that it had been used to visit sites with titles common in child exploitation, and that Doe had downloaded thousands of known child pornography files, which were stored on the encrypted external drives and could not be accessed. Doe's sister related that Doe had shown her hundreds of child pornography images on those drives. A magistrate, acting under the All Writs Act, ordered Doe to produce his devices and drives in an unencrypted state. Doe did not appeal the order but unsuccessfully moved to quash, arguing that his decrypting the devices would violate his Fifth Amendment privilege. The magistrate held that, because the government possessed Doe’s devices and knew the contents included child pornography, the decryption would not be testimonial. Doe did not appeal. Doe produced the unencrypted iPhone, which contained adult pornography, a video of Doe’s four-year-old niece wearing only underwear, and approximately 20 photographs focused on the genitals of Doe’s six-year-old niece. Doe stated that he could not remember the hard drive passwords and entered incorrect passwords during the examination. The court held Doe in civil contempt and ordered his incarceration. The Third Circuit affirmed, noting that Doe bore the burden of proving that he could not produce the passwords and had waived his Fifth Amendment arguments. View "United States v. Apple Macpro Computer" on Justia Law

by
The United States District Court for the Middle District of Georgia certified a question of Georgia law to the Georgia Supreme Court. Arthur and Barbara Sheridan owned several pre-1972 master sound recordings of certain popular songs, as well as the associated intellectual property and contract rights. iHeartMedia operated AM/FM radio stations, as well as internet radio services. These latter services allow listeners to access and listen to a song through an internet-connected device such as a tablet, computer, or smartphone. iHeartMedia streamed the Sheridans’ recordings to listeners over its internet radio platform, iHeartRadio. It was undisputed that iHeartMedia had no license, authority, or consent from the Sheridans to stream the recordings, and iHeartMedia did not compensate the Sheridans for the use of their recordings. The Sheridans claimed that iHeartMedia needed their consent to transfer their master sound recordings to iHeartRadio listeners, and that iHeartMedia engaged in racketeering activity by making unauthorized transfers. iHeartMedia moved to dismiss the Sheridans’ complaint under the radio broadcast exemption in OCGA 16-8-60 (c) (1), which stated that the statute did not apply to “any person who transfers or causes to be transferred any such sounds or visual images intended for or in connection with radio or television broadcast transmission or related uses." After review, the Supreme Court found that the type of internet radio services being offered by iHeartMedia, Inc. in this case fell under the exemption set forth in OCGA 16-8-60 (c) (l). View "iHeartMedia, Inc. v. Sheridan" on Justia Law

by
After a Machine Zone (MZ) employee posted a review on Glassdoor's website disclosing confidential information regarding MZ's RTPlatform technology, MZ filed suit against the employee for violation of a nondisclosure agreement signed by all MZ employees. When Glassdoor refused to identify the employee, MZ moved for an order compelling disclosure, which the trial court granted. Glassdoor petitioned for a writ directing the trial court to set aside its order. The court concluded that Glassdoor has standing to assert the employee's interest in maintaining his anonymity as against MZ's efforts to compel Glassdoor to identify him. The court concluded that MZ failed to make a prima facie showing that the employee's statements disclosed confidential information in violation of the nondisclosure agreement, and granted the requested relief. In this case, MZ denied the accuracy of the employee's report without identifying any real confidential information it might be understood to have disclosed. View "Glassdoor, Inc. v. Superior Court" on Justia Law

by
Prism’s patents describe methods and systems for managing access to protected information provided over certain “untrusted” networks. The technology involves an access server, an authentication server, and a client. The access server forwards client requests for protected information to the authentication server. If the authentication server, using stored identity data, successfully authenticates the client, the client receives authorization to access the information. After the court construed “Internet Protocol network” and similar limitations as “an untrusted network using any protocol of the Internet Protocol Suite including at least one of IP, TCP/IP UDP/IP, HTTP, and HTTP/IP.” and defined an “untrusted” network as “a public network with no controlling organization, with the path to access the network being undefined and the user being anonymous,” a jury found Sprint liable for infringement and awarded Prism $30 million in reasonable-royalty damages under 35 U.S.C. 284. The district court denied Prism’s motion for additional monetary relief for times after the period Prism said was covered by the jury verdict. The Federal Circuit affirmed, upholding the court’s admission of evidence of a settlement between Prism and AT&T in a suit involving similar allegations and other evidentiary rulings. View "Prism Technologies LLC v. Sprint Spectrum L.P." on Justia Law

by
The Millers, from Lafayette, Indiana, shot and killed two police officers and one civilian in Las Vegas. They died in an ensuing shootout. Days later, Bradbury, a Lafayette resident, placed a message on Facebook, referring to “the town’s cop killing group run by ... myself,” to having sent the Millers to Las Vegas, and to a “larger plot … to kill cops … specifically to take out [named officers]…. We have gathered enough thermite and explosives … to destroy no less than 6 police cars, as well as the Tippecanoe County Courthouse.” A friend asked whether he was serious; Bradbury stated, “complete satire … a big mind game … [I]t’s made to get you to think.” (To think about committing mayhem!).” Bradbury deleted his post, but screenshots were sent to the police. A search, pursuant to warrants, of his bedroom in his parents’ home, revealed thermite. Bradbury was acquitted of “willfully mak[ing] any threat,” but convicted of “maliciously convey[ing] false information,” 18 U.S.C. 844(e), and sentenced to 41 months of imprisonment. The Seventh Circuit affirmed, upholding a jury instruction that “maliciously” means “to act intentionally or with deliberate disregard of the likelihood that damage or injury will result.” The court rejected an argument that the post was a joke, so there was nothing malicious. Bradbury conducted an elaborate and malicious hoax, intending disruptive effects by diverting law enforcement resources. View "United States v. Bradbury" on Justia Law

by
Personal Web’s patent describes and claims methods (or devices for carrying out methods) of locating data and controlling access by giving a data file a substantially unique “True Name” that depends on its content. The patent describes generating a True Name using mathematical algorithms (hash functions) that use a file’s contents to generate a small-size identifier. It calls for comparing that name with values in a network, determining whether a user is authorized to access the data, and providing or denying access based on that determination. Apple petitioned for inter partes review, arguing unpatentability under 35 U.S.C. 103, for obviousness based on a combination of one reference that focuses on a system for backing up or restoring data and one that focuses on a system for managing rights to access data. The Patent Trial and Appeal Board agreed with Apple. The Federal Circuit affirmed the Board’s claim construction of “content-dependent name,” “content-based identifier,” and “digital identifier,” but vacated the obviousness determination because the Board did not adequately support its findings that the prior art disclosed all elements of the challenged claims and that a relevant skilled artisan would have had a motivation to combine the references to produce the claimed inventions with a reasonable expectation of success. View "Personal Web Technologies, LLC v. Apple, Inc." on Justia Law

by
Verisign filed suit against XYZ and its CEO Daniel Negari, alleging that defendants' statements regarding the scarcity of desirable .com domain names violated the Lanham Act's, 15 U.S.C. 1125(a)(1)(B), false advertising provisions. The district court granted summary judgment in favor of XYZ. The court agreed with the district court that Verisign failed to establish the elements of a Lanham Act claim. In regard to XYZ's self-promoting statements, the court held that Verisign failed to produce the required evidence that it suffered an actual injury as a direct result of XYZ’s conduct. Nor can Verisign establish that XYZ’s statements about the availability of suitable .com domain names were false or misleading statements of fact. Accordingly, the court affirmed the judgment. View "VeriSign v. XYZ.com" on Justia Law

by
The parties filed cross-complaints after Christopher Carmicle was terminated from Brown Jordan. After the district court entered judgment for Brown Jordan, Carmicle appealed. Carmicle raised issues regarding the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030, the Stored Communications Act (SCA), 18 U.S.C. 2701, wrongful discharge, and breach of an employment agreement. The court concluded that Carmicle’s CFAA arguments fail because Brown Jordan suffered “loss” as defined in the CFAA; Carmicle waived his unopened-versus-opened-email argument under the SCA because he did not fairly present it to the district court, and Brown Jordan showed Carmicle exceeded his authorization in accessing the emails of other Brown Jordan employees; and the district court did not err in granting summary judgment on Carmicle’s wrongful discharge claim or in concluding that Carmicle was terminated for cause as defined by the Employment Agreement. Accordingly, the court affirmed the judgment. View "Brown Jordan International, Inc. v. Carmicle" on Justia Law

by
Plaintiff sued Amazon, claiming that it permitted third parties to advertise counterfeit copies of books, Vagabond Natural and Vagabond Spiritual, that the plaintiff wrote and self‐published, detailing his experiences as a vagabond homeless man. He says Amazon refused repeated requests to remove the advertisements, although Amazon did eventually remove them. He insists that legitimate sales would have generated “millions of dollars for Amazon” and allowed him “to end homelessness,” but that Amazon “forcefully exploited” his books by counterfeiting them. He claims to have examined copies of each book purchased through Amazon by his cousin and determined that all were unauthorized reproductions because genuine copies would bear his fingernail indentations on the covers. The district judge dismissed. The Seventh Circuit affirmed, noting that the books at issue are hard copies, rather than online copies, and are almost certainly Hart’s self‐published books because they are identical to those books. Only six copies were sold by Amazon. There is no plausible allegation that, even if the books sold by Amazon are counterfeits, Amazon was aware of the fact. Counterfeiting cannot be presumed; Hart’s claims did not meet even a minimum standard of plausibility. View "Hart v. Amazon.com, Inc." on Justia Law