Dec

25

Merry Christmas!

By Paul

Dec

21

Capitol Records Sues Vimeo for Lip-Dub Videos

By Paul

While ordinarily an ISP or web service like Vimeo could get off the hook under section 512 of the DMCA, it does complicate things when your staff creates and posts a video that is allegedly infringing.

Link to the Trademark Blog which includes both the video in question and the complaint.

Dec

20

Top 10 Cyberlaw Developments of 2009

By Paul

Great post by John Ottavianni on Eric Goldman’s Technology and Marketing Blog recaps some of the more consequential developments in cyberlaw this past year.

Dec

17

MPR Reporter Accused of “Hacking”

By Paul

Texas based Lookout Services has accused a Minnesota Public Radio reporter with violating the Computer Fraud and Abuse Act. The reporter was doing a story about how Lookout had exposed the private data of a number of Minnesota consumers. Apparently doing your job as a reporter carries with it the risk of being a “hacker.”

The Computer Fraud and Abuse Act has both civil and criminal provisions and prohibits the “unauthorized access” of a computer. The phrase “unauthorized access” is pretty vague and has allowed prosecutions to go forward for such things as creating a phony Facebook account as Lori Drew had done to harass her daughter’s classmate. But unlike the Drew case, there is the new twist of a reporter doing the unauthorized accessing. So, which should be more important: a company’s right to be secure in its data, or a journalist’s right to discover and report? If the reports are true, perhaps a company should be expected to take reasonable security precautions before having CFAA remedies available.

See more at the MinnPost article.

Dec

16

Proposed “Loud Commercial” Regulation

By Paul

I hate how TV commercials are about twice as loud as the regular programming. Nevertheless, I can’t see how this proposed legislation would be implemented effectively. From what I gather from this story at Yahoo! News, the FCC isn’t especially keen on the idea either.

HT to Slashdot.org