legal basis

legal basis

Nutella Nastygrams Restaurant Promoting Its Product, Opens The Door For Competitors

One Problem With FTC/Google Settlement: Implies Fair Use Scraping Is An Antitrust Issue

www.techdirt.com
While we've already covered the "settlement" between the FTC and Google, noting that it's basically a complete win for Google, there are some areas to be concerned about. In particular, Ed Black, from CCIA, calls out the agreement from Google to allow companies to opt out of being scraped and...
One Problem With FTC/Google Settlement: Implies Fair Use Scraping Is An Antitrust Issue

Who owns that Twitter account?

www.pcworld.com
Noah Kravitz built up quite a following at PhoneDog, a mobile-phone news and reviews website. By late 2010 his @PhoneDog_Noah Twitter account had amassed more than 17,000 followers. That was all well and good--until Kravitz resigned and went to work for a competitor. Kravitz took his followers with him,...
Who owns that Twitter account?

Ed Snowden Leaves Hong Kong, Seeks Asylum In Ecuador, As US Officials Flip Out

www.techdirt.com
Snowden had a few options available to him in Hong Kong despite facing extradition for espionage and theft charges. Beyond the appeals process that would have held off the inevitable for several years, there were certain built-in safety nets (the "political offense exception" built into the US-Hong Kong extradition treaty...
Ed Snowden Leaves Hong Kong, Seeks Asylum In Ecuador, As US Officials Flip Out

Samsung's new prior art likely to trump Apple's new design rights in German tablet case

www.fosspatents.com
More than a year after Apple won a German preliminary injunction against the Galaxy Tab 10.1 on the grounds of a design right infringement, indications were given today by the Düsseldorf Regional Court that Apple is heading for a defeat in the full-blown main proceeding. But a formal ruling likely won't...
Samsung's new prior art likely to trump Apple's new design rights in German tablet case

Danish Pirate Bay ISP Block Gets Supreme Court Date

torrentfreak.com
Following a court case initiated by the IFPI, in February 2008 a Danish judge ruled that ISP Tele2 had to block its customers from accessing The Pirate Bay. The music group had successfully argued that that Tele2 was assisting in mass copyright infringement by providing its subscribers access to...
Danish Pirate Bay ISP Block Gets Supreme Court Date

European Publishers Say Google's €60M French Fund Does Not Go Far Enough For Content Reuse

techcrunch.com
The European Publishers Council (EPC), whose members represent the interests of publishers in 14 European countries, has responded to Google’s establishment of a €60 million fund for French publishers — saying the deal does not go far enough to address ”the continuing problem of unauthorised reuse and monetisation of content”. The public statement follows a meeting...
European Publishers Say Google's €60M French Fund Does Not Go Far Enough For Content Reuse

Apple Steps Into Patent Fight To Unnecessarily Silence A Little Girl

www.techdirt.com
We've covered plenty of stories concerning Apple's ridiculously arbitrary nature as the gatekeeper for iOS apps, approving or pulling them with little reason. And, of course, we've discussed a variety of ridiculous patent lawsuits -- including one we wrote about back in March, concerning a fight over an iPad app...
Apple Steps Into Patent Fight To Unnecessarily Silence A Little Girl

Letters: Sunday Dialogue: A New School Schedule?

www.nytimes.com
Readers react to a proposal for a longer school year and day.    ...
Letters: Sunday Dialogue: A New School Schedule?

Attorneys General Upset That Craigslist Is Profiting From Procedure He Forced Craigslist To Put In Place

techdirt.com
The grandstanding of some Attorneys General never ceases -- even when they created the "problem" they're now grandstanding against. Case in point: Connecticut Attorney General Richard Blumenthal and his crusade against Craigslist. Two years ago, Blumenthal blamed Craigslist for prostitution ads that appear on the site. Blumenthal, as the state...
Attorneys General Upset That Craigslist Is Profiting From Procedure He Forced Craigslist To Put In Place

UK Decides Hollywood, US Gov't's Interests More Important Than Own Citizens; Extradites Student For Linking

www.techdirt.com
In January, a judge said that the UK could extradite student Richard O'Dwyer to the US to face criminal copyright infringement charges for the "crime" of linking to streaming videos hosted elsewhere -- something that had already been found legal in the UK multiple times. This is pretty important, because...
UK Decides Hollywood, US Gov't's Interests More Important Than Own Citizens; Extradites Student For Linking

Japanese court deemed Samsung's delayed disclosure of essential patents abusive conduct

www.fosspatents.com
On Thursday Apple successfully defended itself against the assertion of a standard-essential patent (SEP) by Samsung in Japan. On a global scale this was Samsung's 22nd SEP assertion to have been dismissed, dropped or stayed. It was the first pro-FRAND ruling by an Asian court that I've ever heard of....
Japanese court deemed Samsung's delayed disclosure of essential patents abusive conduct

Holder In The Hot Seat, Still Can't Explain Why DOJ Censored Hip Hop Blog

www.techdirt.com
Back in December, right after it came out that the Justice Department had seized and censored a hip hop blog for over a year and then gave it back, effectively admitting that there was no legal basis for the censorship, Rep. Zoe Lofgren asked Attorney General Eric Holder about what...
Holder In The Hot Seat, Still Can't Explain Why DOJ Censored Hip Hop Blog

German court may defer to EU regulator on Samsung-Apple lawsuits over FRAND patents

www.fosspatents.com
This afternoon I attended the first of a series of four Samsung v. Apple trials (over one patent each) scheduled at the Mannheim Regional Court between today and mid-October. The patent-in-suit is EP1720373 on a "method and apparatus for reporting inter-frequency measurement using RACH message in a communication system". It's...
German court may defer to EU regulator on Samsung-Apple lawsuits over FRAND patents

MPAA Says Court Action Could Give Google Legal Basis to Delist Sites

torrentfreak.com
Following the passing of the UK’s Digital Economy Act in 2010, one of the remaining big questions is when ISPs will begin sending out warning letters to subscribers suspected of illicit file-sharing. There has been delay after delay, but yesterday Mark Jackson of ISPreview broke the news that the Department...
MPAA Says Court Action Could Give Google Legal Basis to Delist Sites

Government plans increased email and social network surveillance

www.guardian.co.uk
Proposal echoes Labour scheme that was scrapped in 2009 over concerns it would breach civil libertiesMinisters are to introduce a new law allowing police and security services to extend their monitoring of the public's email and social media communications, the Home Office has confirmed.It is expected that the new system...
Government plans increased email and social network surveillance
UK ‘to announce’ real-time phone, email, Web traffic monitoring

France Threatens to Fine Google Over Privacy

allthingsd.com
France’s privacy watchdog agency Thursday ordered Google to bring its privacy procedures in line with French data-protection law within three months or face fines, the latest step in a yearlong European probe that has tested the limits of European cooperation against an Internet giant. The national data-protection agency CNIL said...
France Threatens to Fine Google Over Privacy

Pirate Site Blocking Legislation Approved By Norwegian Parliament

torrentfreak.com
Issues surrounding online file-sharing have existed in Norway for many years but events leading up to the relatively recent push for legislative change can be traced back to frustrations linked to the persistence of The Pirate Bay. In March 2009, the IFPI and several local movie studios began putting pressure...
Pirate Site Blocking Legislation Approved By Norwegian Parliament

The 'New' Righthaven Offers Discount To Techdirt Readers Who Want 'Spineful' Hosting

www.techdirt.com
Remember Righthaven? No, not that Righthaven who sued tons of people and companies on questionable claims in order to get them to cough up settlements. We're talking about the other Righthaven... the Swiss company that bought the Righthaven.com domain that was auctioned off after the old Righthaven failed to pay...
The 'New' Righthaven Offers Discount To Techdirt Readers Who Want 'Spineful' Hosting

Apple says ITC judge lacked legal basis for ruling on Samsung's designarounds

www.fosspatents.com
Approximately a year ago I said that workarounds (or designarounds) would become a big issue in the smartphone patent disputes, and this topic has indeed come up in multiple litigations this year. But there's been very little coverage of this by the media, presumably because there's more attention to binary...
Apple says ITC judge lacked legal basis for ruling on Samsung's designarounds

Craigslist Demands 'Exclusive License' On Your Posts

www.techdirt.com
When Craigslist sued PadMapper and 3taps, we questioned the legal basis for much of the lawsuit, in particular the claim that Craigslist even could sue over copyright, when any copyrightable content is created by the end-users and not Craigslist itself. It appears that someone at Craigslist realized that it was...
Craigslist Demands 'Exclusive License' On Your Posts

Former spy chief calls for laws on online snooping

www.guardian.co.uk
Sir David Omand says ability of security agencies to intercept social media must be placed on clear legal footingClear guidelines must be introduced in law to allow the security services and police to intercept social media such as Facebook and Twitter while avoiding the "chilling effect" of state surveillance, according...
Former spy chief calls for laws on online snooping

Oops: After Seizing & Censoring Rojadirecta For 18 Months, Feds Give Up & Drop Case

www.techdirt.com
Looks like we've got something of a repeat of the Dajaz1 insanity, in which the US government seizes and censors a website for over a year before giving up and handing the domain back -- though this time it's with Rojadirecta. You may recall the Rojadirecta case, where two domains...
Oops: After Seizing & Censoring Rojadirecta For 18 Months, Feds Give Up & Drop Case

TV Networks File Legal Claims Saying Skipping Commercials Is Copyright Infringement

www.techdirt.com
Okay, we had expected the TV networks to possibly take legal action against DISH Networks for its new Auto Hopper technology, which allows DISH subscribers who use the Hopper feature (which records all prime time shows from the four major networks) to autoskip commercials, if they watch shows in the...
TV Networks File Legal Claims Saying Skipping Commercials Is Copyright Infringement

German appeals court upholds Galaxy Tab 10.1 injunction -- but on different legal basis than Apple's design right

fosspatents.blogspot.com
This morning, the Düsseldorf Higher Regional Court (an appeals court) announced that it has upheld a preliminary injunction against the Samsung Galaxy Tab 10.1 and has confirmed that the smaller Galaxy Tab 8.9 falls within the scope of that injunction. But this doesn't mean that Samsung lost all the way:...
German appeals court upholds Galaxy Tab 10.1 injunction -- but on different legal basis than Apple's design right

Letters: Twitter clampdown threat to free speech

www.guardian.co.uk
Most of us will be repulsed by the Twitter message sent to Tom Daley, but we should be more disturbed by the police arrest of the culprit (Teenager arrested over malicious tweets sent to Tom Daley, 31 July). We are seeing an ongoing campaign against social media, with high-profile arrests...
Letters: Twitter clampdown threat to free speech

Beyonce Meet Streisand: Publicist Tries To Remove 'Unflattering' Beyonce Photos From The Internet

www.techdirt.com
Sometimes I wonder what sort of qualification you need to be a "publicist." At the very least, you would think that it would help to be familiar with the basics of The Streisand Effect, and making sure that you don't make something worse. Apparently, that's not the case for the...
Beyonce Meet Streisand: Publicist Tries To Remove 'Unflattering' Beyonce Photos From The Internet

Megaupload Asks Court to Dump The "Baseless" Criminal Case

torrentfreak.com
Earlier this week Megaupload’s lawyers released a white paper accusing the Obama administration of being corrupted by Hollywood and other major corporations, and detailing how the entire criminal case against Megaupload is baseless. In addition to this public attack, Megaupload’s legal team is also building up pressure in court. In...
Megaupload Asks Court to Dump The "Baseless" Criminal Case

Charles Carreon Claims A First Amendment Right To Make Vexatious Legal Threats Without Consequence

www.techdirt.com
If you haven't had your dose of nutty legal claims of late, Adam Steinbaugh alerts us to the latest in the long and ongoing saga of our buddy Charles Carreon. When we last checked in on Carreon, he had more or less admitted that his legal threats against a satirical...
Charles Carreon Claims A First Amendment Right To Make Vexatious Legal Threats Without Consequence
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