Technically Legal http://www.technicallylegal.org Technology and the law. Done right. Tue, 07 Sep 2010 03:00:29 +0000 en hourly 1 http://wordpress.org/?v=3.0.1 Episode 66: Private Eyes http://feedproxy.google.com/~r/TechnicallyLegal/~3/Wm4qV5mPcY8/ http://www.technicallylegal.org/episode-66-private-eyes/#comments Tue, 07 Sep 2010 03:00:29 +0000 Ben Snitkoff http://www.technicallylegal.org/?p=1194
  • Episode 55: It’s Just Like Starcraft! Quon and SMS Privacy, AT&T Security Breaches, and FTC Wants...
  • Episode 56: Hotel California Google and YouTube win First Round, Congress Can Take Works...
  • Episode 54: Apple Sandwich Apple revises their advertising policy, Traffic Cam Gripe Site, New...
    • ]]>     Apple files for patent on biometric security, Google Trims Privacy Policy, Craigslist Pulls Adult Services.

    Please download the podcast or subscribe to the feed.  Feel free to e-mail us with comments and suggestions.

    Apple Filed Patent for Biometric Security

    Steve Jobs Is Watching You: Apple Seeking to Patent Spyware
    The Patent Application

    Google Trims Privacy Policy

    Trimming our privacy policies

    Craigslist Pulls Adult Services

    Craigslist unexpectedly pulls adult services listings
    Craigslist.org

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    1. Episode 55: It’s Just Like Starcraft! Quon and SMS Privacy, AT&T Security Breaches, and FTC Wants...
    2. Episode 56: Hotel California Google and YouTube win First Round, Congress Can Take Works...
    3. Episode 54: Apple Sandwich Apple revises their advertising policy, Traffic Cam Gripe Site, New...

    ]]>     http://www.technicallylegal.org/episode-66-private-eyes/feed/ 0 http://www.technicallylegal.org/episode-66-private-eyes/     Podcast 65: iLike Facebook Ads http://feedproxy.google.com/~r/TechnicallyLegal/~3/f0ebOHQPf0E/ http://www.technicallylegal.org/podcast-65-ilike-facebook-ads/#comments Tue, 31 Aug 2010 03:00:08 +0000 Ben Snitkoff http://www.technicallylegal.org/?p=1186
  • Episode 36: Still Not About the iPad Amazon Wrap Up, iPad Trademark Dispute, Out-Of-School Speech, New Rules...
  • Half of Facebook Stolen! Facebook is going after Teachbook.com for violating their trademarks. Teachbook...
  • Episode 25: Where’s My IHOP Bilski, International Copyright Treaty, and Using Facebook as an Alibi...
    • ]]>     HP and Lexmark Sue over Ink Jet Cartridges, again, Facebook Sued over Kids Liking ads, iPad and People

    Please download the podcast or subscribe to the feed.  Feel free to e-mail us with comments and suggestions.

    HP and Lexmark sue over Ink Jet Cartridges

    Lexmark, HP Using Patent Law To Try To Block Replacement Ink Cartridges From The Market
    Arizona Cartridge Remanufacturers Association Inc. v. Lexmark International Inc.
    HP guns for printer ink competition
    Lexmark sues 24 cartridge makers over patents

    Facebook Sued over Kids Liking Ads

    Lawsuit Says Teens Should Not Be Allowed To Like Ads On Facebook
    Facebook Offers Exhibit A In Its Defense Against Teen Lawsuit

    People Magazine and the iPad

    iPad News: People Magazine Launches Delayed App
    17 USC 106

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    1. Episode 36: Still Not About the iPad Amazon Wrap Up, iPad Trademark Dispute, Out-Of-School Speech, New Rules...
    2. Half of Facebook Stolen! Facebook is going after Teachbook.com for violating their trademarks. Teachbook...
    3. Episode 25: Where’s My IHOP Bilski, International Copyright Treaty, and Using Facebook as an Alibi...

    ]]>     http://www.technicallylegal.org/podcast-65-ilike-facebook-ads/feed/ 0 http://www.technicallylegal.org/podcast-65-ilike-facebook-ads/     Judge Denies Injunction in CrunchPad/Fusion Garage Case http://feedproxy.google.com/~r/TechnicallyLegal/~3/PxaM1IwoVOU/ http://www.technicallylegal.org/judge-denies-injunction-in-crunchpadfusion-garage-case/#comments Mon, 30 Aug 2010 13:15:55 +0000 Ben Snitkoff http://www.technicallylegal.org/?p=1189
  • Apple Wins Injunction against Psystar AppleInsider reported that Apple won a permanent injunction against Psystar....
  • Judge Reduces Award in Tenenbaum Case Judge Gertner of the Federal District Court for the District...
  • Sexting Injunction Upheld We covered the first threatened sexting prosecutions, nearly a year...
    • ]]>     The opinion, released last week, largely slipped through the cracks. I can’t imagine why TechCrunch wouldn’t report on this.

    To recap, breifly, Mike Arrington wanted to make a sub-$200 internet tablet. He started the CrunchPad project which went a whole lot of nowhere until a company called FusionGarage came in. FusionGarage had a near-finished project that Arrington liked and they agreed to work together to polish it off, and get funding to bring the price down from $500 a unit to the $200 target price. Mere weeks before the supposed launch date, FusionGarage backed out, launched their project on their own, and got sued by Arrington for pretty much everything under the sun. Arrington also asked the judge to freeze the proceeds from the sales of FusionGarage’s tablet, called the joojoo.

    The judge denies the injunction, saying that TechCrunch hasn’t shown that, absent the injunction, they would be unable to recover monetary damages should they win the lawsuit.

    The judge then goes on to dismiss Arrington’s claim for theft of business ideas, because business ideas aren’t really independently protectable, absent some recognized intellectual property right. A fraud claim was also dismissed because it was not specific enough, this was dismissed with a chance to refile the claim. The judge also dismissed a Federal and state unfair competition claim, also with leave to amend the claims and refile.

    So, this isn’t a total loss for Arrington. While he lost the injunction the theft of business practices claims, his breach of fiduciary duty claim stands, and he can amend his complaint to fix everything else.

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    2. Judge Reduces Award in Tenenbaum Case Judge Gertner of the Federal District Court for the District...
    3. Sexting Injunction Upheld We covered the first threatened sexting prosecutions, nearly a year...

    ]]>     http://www.technicallylegal.org/judge-denies-injunction-in-crunchpadfusion-garage-case/feed/ 0 http://www.technicallylegal.org/judge-denies-injunction-in-crunchpadfusion-garage-case/     Half of Facebook Stolen! http://feedproxy.google.com/~r/TechnicallyLegal/~3/gL0sQWv3sEc/ http://www.technicallylegal.org/half-of-facebook-stolen/#comments Fri, 27 Aug 2010 03:58:19 +0000 David Lu!! http://www.technicallylegal.org/?p=1182
  • Podcast 65: iLike Facebook Ads HP and Lexmark Sue over Ink Jet Cartridges, again, Facebook...
  • Google Nexus One Trademark Rejected Google had applied for a trademark on Nexus One, which...
  • Librarian of Congress Eases DMCA Restrictions The Librarian of Congress has the power to create certain...
    • ]]>     Facebook is going after Teachbook.com for violating their trademarks. Teachbook is a social networking site for teachers, but you may have already guessed that based on the name, which is precisely why Goliath is going after David in this case. The word “book”, or at least “[something]book.com” has the potential to become synonymous with social networking sites, especially if more somethingbook websites start popping up.

    One of Teachbook’s two employees said “We’re trying to understand how Facebook, a multibillion-dollar company, feels this small enterprise in Chicago is any type of threat.” However, that’s not the right defense. Besides the dilution of Facebook’s trademark, Teachbook is a threat because there is the possibility of confusion between the two, and it essentially rides on the coattails of Facebook’s trademark. And despite the claim that books are educational and therefore Teachbook is just two educational words, the most crucial piece is that I doubt they would have named their website Teachbook without Facebook’s trademark already existing.

    This follows the amusing trend where portions of words are considered violations of the trademark. Consider the ill-fated Scrabulous, borrowing Scrabble’s first five letters, and the various -opoly games that borrowed too heavily from Monopoly. Each of those is five letters, compared to the four in “book.” I’m curious to see if anyone will be sued for any smaller or more generic portions of trademarks.

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    2. Google Nexus One Trademark Rejected Google had applied for a trademark on Nexus One, which...
    3. Librarian of Congress Eases DMCA Restrictions The Librarian of Congress has the power to create certain...

    ]]>     http://www.technicallylegal.org/half-of-facebook-stolen/feed/ 2 http://www.technicallylegal.org/half-of-facebook-stolen/     Episode 64: Big, Scary Design Patents! http://feedproxy.google.com/~r/TechnicallyLegal/~3/Du2_JAddgX0/ http://www.technicallylegal.org/episode-64-big-scary-design-patents/#comments Tue, 24 Aug 2010 03:03:40 +0000 David O'Brien http://www.technicallylegal.org/?p=1173
  • Apple Awarded Design Patent on Slide to Unlock The blogosphere was abuzz today with the news that Apple...
  • Episode 62: E Tu Google? Does Net Neutrality Violate the Constitution, Are Verizon and Google...
  • Episode 40: Goin Gaga Innocent infringement off the table, Apple sues HTC, and is...
    • ]]>     Apple gets a couple of scary design patents, AT&T thinks wireless is different, and Oracle sues the Java out of Google.

    Please download the podcast or subscribe to the feed.  Feel free to e-mail us with comments and suggestions.

    Apple Design Patents

    Article (via TUAW)

    Patent #s: D621848, D621849

    AT&T on Net Neutrality

    AT&T’s Statement

    Oracle (d/b/a Sun) Sues Google Over Java (N.D.CA, No. 1418106)

    Article (via Tech Crunch)

    Complaint

    Ben and David Lu!! are MIA this week.

    2^6

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    2. Episode 62: E Tu Google? Does Net Neutrality Violate the Constitution, Are Verizon and Google...
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    ]]>     http://www.technicallylegal.org/episode-64-big-scary-design-patents/feed/ 0 http://www.technicallylegal.org/episode-64-big-scary-design-patents/     Three-way Battle for Hope Becomes Two-way http://feedproxy.google.com/~r/TechnicallyLegal/~3/cw9vN4KLXiw/ http://www.technicallylegal.org/shepard-fairey-three-way/#comments Mon, 23 Aug 2010 22:25:56 +0000 David Lu!! http://www.technicallylegal.org/?p=1167
  • Plaintiff Drops Scribd Suit We mentioned before that a children’s book author was suing...
    • ]]>     As we reported back in Episode 53, there’s been a three-way battle over the iconic Obama/Hope poster, with Shepard Fairey battling the Associated Press over whether his use of an AP photograph is fair use, and Manny Garcia battling the AP over whether they had rights to the photograph he took in the first place. However, today, Garcia dropped his suit, claiming a personal and professional toll.

    The trial date for the Fairey/AP case has been set for March. (AP reports)

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    1. Plaintiff Drops Scribd Suit We mentioned before that a children’s book author was suing...

    ]]>     http://www.technicallylegal.org/shepard-fairey-three-way/feed/ 0 http://www.technicallylegal.org/shepard-fairey-three-way/     Apple Awarded Design Patent on Slide to Unlock http://feedproxy.google.com/~r/TechnicallyLegal/~3/hG39tXkQGkY/ http://www.technicallylegal.org/apple-awarded-design-patent-on-slide-to-unlock/#comments Wed, 18 Aug 2010 00:30:50 +0000 Ben Snitkoff http://www.technicallylegal.org/?p=1162
  • Apple Sues HTC Over iPhone Patents This is still breaking, so we’ll have more coverage as...
  • Class Action Against Apple and AT&T Gets Certified One of the many suits filed against Apple and AT&T...
  • Episode 64: Big, Scary Design Patents! Apple gets a couple of scary design patents, AT&T thinks...
    • ]]>     The blogosphere was abuzz today with the news that Apple was awarded two patents. One was for slide to unlock, the other for virtual keyboard keys popping up when you tap them.

    Both of these, however, were design patents, and not utility patents. That means that other people can implement the same features, as long as they don’t look substantially similar to Apple’s implementation.

    Think of design patents more of trademarks than regular patents. This just keeps people from making a lock screen that’s so similar to the iPhone that it will risk confusing people.

    Related posts:

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    2. Class Action Against Apple and AT&T Gets Certified One of the many suits filed against Apple and AT&T...
    3. Episode 64: Big, Scary Design Patents! Apple gets a couple of scary design patents, AT&T thinks...

    ]]>     http://www.technicallylegal.org/apple-awarded-design-patent-on-slide-to-unlock/feed/ 0 http://www.technicallylegal.org/apple-awarded-design-patent-on-slide-to-unlock/     Episode 63: Shark Week http://feedproxy.google.com/~r/TechnicallyLegal/~3/KaTfz8Hh9_Y/ http://www.technicallylegal.org/episode-63-shark-week/#comments Tue, 17 Aug 2010 03:00:39 +0000 Ben Snitkoff http://www.technicallylegal.org/?p=1159
  • Episode 59: You May Not Patent this Program First Post-Bilski Decision from BPAI, Gov’t Prompts Takedown of 73k...
  • Episode 62: E Tu Google? Does Net Neutrality Violate the Constitution, Are Verizon and Google...
  • This Week in Law #47: Felix Unger Wisdom Ben and I appeared as guest panelists yesterday, February 12,...
    • ]]>     Google and Verizon: With Less Speculation, Discovery Channel Takes Shark Week Too Seriously, and a Federal Appeals Court Nixes GPS Tracking

    Please download the podcast or subscribe to the feed.  Feel free to e-mail us with comments and suggestions.

    GPS and Verizon: Redux

    Google Public Policy Blog
    The Proposal

    Discovery Channel’s Shark Week

    Discovery Channel Forcing Deadliest Catch Fan Site Offline; Claims Embedding Official Videos Infringes
    Discovery Channel Ignores Repeated Twitter Questions, Sends Content-Free Statement
    Discovery Forces Takeover of Site [site since taken over] (google cache)

    Court 86′s Warrantless GPS Tracking

    Court Rejects Warrantless GPS Tracking
    The Opinion

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    ]]>     http://www.technicallylegal.org/episode-63-shark-week/feed/ 0 http://www.technicallylegal.org/episode-63-shark-week/     Futuretap Talks with Lawyers, Apple, Chills Out http://feedproxy.google.com/~r/TechnicallyLegal/~3/hSK14AFgnzI/ http://www.technicallylegal.org/futuretap-talks-with-lawyers-apple-chills-out/#comments Wed, 11 Aug 2010 20:34:55 +0000 Ben Snitkoff http://www.technicallylegal.org/?p=1156
  • Apple Sues HTC Over iPhone Patents This is still breaking, so we’ll have more coverage as...
  • Apple to Defend Nokia Lawsuit “Vigorously” Recently, Nokia filed a patent infringement suit against Apple, alleging...
  • Martin Goetz’s Perspective on Software Patents This afternoon I came across Martin Goetz’s guest article on...
    • ]]>     On this past week’s podcast, we covered the story of FutureTap alleging that Apple was trying to patent their App.

    They’ve since talked to Apple and patent lawyers who’ve told them that the patent doesn’t cover any of Where To’s functionality, and that the illustration included in the patent application was just that, an illustration of a context in which the invention could be used. Basically, what we said on the podcast.

    From the FutureTap blog:

    We feel honored over this mention and appreciate that Apple is looking into a proper attribution of the screenshot. . . .
    I also read a few aggressive (mostly anonymous) feedback comments that called to boycott us because of our inability in understanding patent law. It’s true, we had no clue of patent law, the US one in particular.

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    2. Apple to Defend Nokia Lawsuit “Vigorously” Recently, Nokia filed a patent infringement suit against Apple, alleging...
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    ]]>     http://www.technicallylegal.org/futuretap-talks-with-lawyers-apple-chills-out/feed/ 0 http://www.technicallylegal.org/futuretap-talks-with-lawyers-apple-chills-out/     Episode 62: E Tu Google? http://feedproxy.google.com/~r/TechnicallyLegal/~3/pcdqwzmY_Kw/ http://www.technicallylegal.org/episode-62-e-tu-google/#comments Tue, 10 Aug 2010 03:00:31 +0000 Ben Snitkoff http://www.technicallylegal.org/?p=1146
  • Google, Verizon Explain Their Net Neutrality Pact As was much rumored, Google and Verizon have announced their...
  • Episode 64: Big, Scary Design Patents! Apple gets a couple of scary design patents, AT&T thinks...
  • Technically Legal Podcast: Episode 18 Net Neutrality, ASCAP and BMI want money for iTunes 30-Second...
    • ]]>     Does Net Neutrality Violate the Constitution, Are Verizon and Google Making Back Room Deals, Apple Copies an App in a Patent Filing

    Please download the podcast or subscribe to the feed.  Feel free to e-mail us with comments and suggestions.

    Google and Verizon Rumored to have Made Back Room Deal

    Google and Verizon Near Deal on Web Pay Tiers
    Google’s Response
    Verizon’s Response
    Ed Markey on Net Neutrality: FCC needs to act quickly

    Apple Copies App in Patent Filing

    The patent case we haven’t called

    Does Net Neutrality Violate the Constitution

    Does Net Neutrality Violate the Fifth Amendment?
    No, The Fifth Amendment Does Not Complicate Net Neutrality
    Virtual Takings: The Coming Fifth Amendment Challenge to Net Neutrality Regulation

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    ]]>     http://www.technicallylegal.org/episode-62-e-tu-google/feed/ 1 http://www.technicallylegal.org/episode-62-e-tu-google/