In the wake of revelations that the U.S. and UK governments regularly monitor private communications, a number of countries are considering a new type of law called "data localization." In the simplest of terms, data localization laws would require that businesses that operate on the Internet -- inc...
With all the headlines about Internet cybersecurity breaches, there seem to be few headlines about the consequences for cybercriminals. That is because not all cybercriminals are caught, and when they are it often takes months, if not years, before trials. Even when the cybercriminals plead guilty,...
More than eight years ago, the Authors Guild filed a class action against Google on behalf of thousands of authors, claiming that Google infringed the authors' copyrights. The Authors Guild recently lost its case based on the fair use doctrine that's generally reserved for nonprofit use by academic...
A class action asserting that LinkedIn harvests and sells users' email addresses was brought in September 2013. More than a month after the lawsuit was filed, LinkedIn still uses the same approach to collect email addresses and personal information -- that is, it encourages users to "sync your conta...
Imagine preparing for a major test based on two assigned essay questions. You read and analyze both, perhaps hire a tutor for a few thousand dollars, pay a large exam fee, and confidently take the test. The instructor says that your answers were outstanding, but instead of passing the test, you fail...
No one expects a free lunch. So when people use a free webmail service, many assume they will be bombarded with advertising. Why? Obviously, because the webmail services make money by commercializing the content of the webmail! Actually when you sign up for free webmail, and click "I Accept," or som...
In AMC's Breaking Bad, high school chemistry teacher Walter White, although starting out as a protagonist, descends into depravity and ruin. Clearly, not all high school chemistry teachers are Walter Whites. Similarly, not all scientists, innovators and patent owners are evil. Yet Congress, at the u...
An October 2010 class action lawsuit against Google included allegations that "Google transmitted user search queries to third parties without knowledge or consent in order to enhance advertising revenue and profitability." Following three years of litigation, Google and the plaintiff users this Jun...
United States Internet businesses have spent much time and energy avoiding regulation by other countries -- and in particular, the European Union. One way companies protect themselves is to include a provision in their Terms of Service making the U.S. the jurisdiction and controlling law for use of ...
Millions of people have created avatars that live in Internet virtual worlds. Those virtual worlds include Second Life and Maple Story, as well as video games. Although these virtual worlds and games are used regularly by individuals around the world, few consider the ownership and other legal right...
In a hotly contested case, the Supreme Court on Thursday unanimously decided that some of Myriad Genetics' patent claims were invalid for claiming products of nature. However, the Court also held that other Myriad patent claims were perfectly valid. In short, Myriad discovered the location and DNA s...
It's nothing new for trial lawyers to investigate potential jurors in the hopes of making sure those assigned to their cases are likely to find in favor of their clients and against their opponents. What is new today is that social media services such as Facebook, Google+ and Twitter can now enhance...
One of my childhood friends, who was also a Facebook friend, died in 2009. Yet I still get messages from Facebook encouraging me to connect with his Facebook page. Has that ever happened to you? Or have you ever sent an email to a colleague, only to learn from other sources that the person is deceas...
After almost two years of litigation, a federal judge has ruled on a dispute between an employer and former employee over control of a LinkedIn account. The case turned on a specific Pennsylvania law about using the likeness of another individual, so the impact may be limited, but since there is so ...
The most significant change to U.S. patent law since 1836 -- or perhaps 1790 -- is being implemented on March 16, 2013. Part of the America Invents Act of 2011, it concerns the doctrine of first-to-invent, laws concerning the protection of original inventors, regardless of whether they were the firs...
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