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6 Aug, 2007 10:26 am
... Appeals for the Ninth Circuit has issued an opinion in Douglas v. Talk America, Inc. which vacates an order compelling arbitration pursuant to an Internet contract. The plaintiff, Joe Douglas, contracted for long distance telephone service with ... When Douglas filed a class action lawsuit in the United
States District Court for the Central District of California, Talk America moved to compel arbitration based on the modified contract. The district court granted the motion and
Douglas sought review ...
6 Apr, 2008 12:23 pm
... fails because CR infringement is strict liability. Luckily fair use applies to internet surfers and courts imply a limited license to copy
web pages by virtue ... laws, then when the laws change, it is the users who ultimately bear the burden of liability. Gucci America, Inc. v. Hall & Assoc., 135
F.Supp.2d 409 ... tangible document or chattel, e.g. possession of land merged with a deed. Registrant of Internet DN sued registrar for
assigning name to another registrant on the basis of a forged letter ...
25 Feb, 2008 7:00 pm
... of Appeals for the Ninth Circuit, a respeito da possibilidade de um provedor de serviços de Internet modificar cláusulas contratuais e
termos de uso de seus serviços, ... exigindo cautela de todos aqueles que fornecem serviços por meio da Internet. FOR PUBLICATION UNITED STATES
COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES DISTRICT ... and on behalf of all others similarly situated, Petitioner, v. Respondent, TALK AMERICA INC., a
Pennsylvania corporation, Real Party in Interest. No. 06-75424 D.C ...
6 Apr, 2008 11:50 am
... do so. To hold otherwise would burden the free flow of information on the internet. Stratton Oakmont, Inc. v. Prodigy Services Co.,
1995 WL 323710 (N ... enabling access... to a computer server." Rather it would be an ICP. - Zeran v. America Online, Inc., 129 F.3d 327 (4th Cir. 1997). An online
defamation ... considered whether he, a message board poster was an ICS. The statute repeatedly refers to "the Internet and other interactive
computer services," making it clear that the statutory immunity extends ...
15 Jul 12:46 pm
... of offensive content if one's conduct is neutral with respect to the offensiveness of the content (as would be in the case with the typical Internet bulletin board.)" On the other hand, "a service provider is "responsible" for the development of offensive content . . . if it ... ruling, that 10th
Circuit stated that in Ben Ezra, "American Online did not solicit the errors. . . . America Online had done nothing to encourage what made the content offensive -- its alleged
inaccuracy. America Online's ...
21 Jul 8:50 pm
... content and communications between users for persons who access the Internet though an ISP. See MySpace, Inc. v. The Globe.com,
Inc., Case No. 06-3391 (C.D. Cal ... Most Courts define the term IAS broadly. For example in Aitken v. Communications Workers of America, 496 F.Supp.2d 653, 182 L.R.R.M. (
... Internet itself. The Court ultimately found that a service that allowed users to access blocked websites on the Internet via the plaintiff's proxy servers to be an IAS for purposes of the CAN-SPAM Act. A ...
30 Oct, 2007 6:27 pm
... to ensure efficiency. Who will bear this burden if the WGA proves to be unsustainable? In Ferguson v. Writers Guild of America, West, Inc., Ferguson, a writer for
Beverly Hills Cop 2, challenged the WGA's policies for credit determination. [1] Ferguson ... the inside out. WGA issued a regulations for its member earlier this month including bans
of writing for animated features and the Internet. [16] Historically this WGA has not had jurisdiction over either animation or the
Internet. This does not ...
24 Aug 2:15 am
... to contend that he may be the victim of actionable conduct. In re Subpoena Duces Tecum to America Online, 2000 WL 1210372 at *8 (Va. Cir. 2000). On the heavier end of ...
this month's Solers' and Cohen decisions. On August 13, 2009, in Solers, Inc. v. Doe (Case No. 07-CV-159), the District of Columbia Court of ... The court rejected that blogger's
argument that no one takes statements made on the Internet seriously. Rather, the court analyzed the blogger's statements under traditional
defamation law ...
24 Apr, 2008 6:00 am
... of the plaintiff's case weighed against the amount of the settlement. (See Synfuel Technologies, Inc. v. DHL Express (USA), supra, 463 F.3d at p. 653.) Nowhere ... long-form
notice posted on Web site].) The class members conducted business with defendant over the Internet, and can be assumed to know how to navigate
between the summary notice and the Web site. ... class actions average around one-third of the recovery." (Shaw v. Toshiba America Information Systems, Inc. (E.D.Tex.
2000) 91 F.Supp.2d 942, ...
20 Nov, 2006 12:44 pm
... Barrett v. Rosenthal, Dr. Stephen Barrett and Dr. Timothy Polevoy operated Internet sites, one named Quackwatch, aiming to expose health
frauds. The two Doctors claimed ... committed libel against them by maliciously distributing defamatory statements in e-mails and Internet
postings, discrediting their efforts to eliminate this type of fraud. Ms. Rosenthal operates a ... v. America Online, Inc. Don't get too excited here, though. It's pretty
obvious that our Ms. Rosenthal wouldn't qualify as a Internet ...
21 Nov, 2006 5:34 pm
... California Supreme Court followed what it called the leading case on immunity under section 230, Zeran v. America Online, Inc. 129 F.3d 327 (4th Cir. 1997). The
Supreme Court reject the Court of Appeals' ... were a type of publisher and that the broad grant of immunity to publishers necessarily included distributors. The court noted that on the
Internet, it would be difficult to determine what constituted a distribution versus an original publication. After a review of the legislative
history, the ...
29 Oct, 2007 10:00 am
... devices, some invented more than a century ago, are being used.[9] The Help America Vote Act of 2002 (HAVA) grants, among other things, money to precincts ... voter need to
trust? Where might things go wrong? Data is transmitted over the internet, so there's always the possibility that someone malicious might be
able to intercept ... bbvforums.org]. [31] In 2007, after failing to sell the unit off, Diebold Inc. distanced itself by changing the name of Diebold Election Systems to Premier
Election Services ...
31 Dec, 2006 11:10 am
... longer so that law enforcement can catch online criminals, and the registration of online handles for sex offenders who use the internet.
The full report of the task force is here. The task force members, by the way, included the following: Honorable Eileen M. ... Chuck Rosenberg, United States Attorney, Eastern District
of Virginia John Ryan, Vice President and Chief Counsel, America Online Dr. Steve Shelby, West End Presbyterian Church Honorable Kim Slayton-White, Commonwealth's Attorney
Halifax ...
8 Dec, 2008 12:28 pm
By Eric Goldman Market America v. Optihealth Products, Inc., 2008 WL 5069802 (M.D.N.C. Nov. 21, 2008) This lawsuit involves the trademark "OPC-3." "OPC" is the generic
term for "group of antioxidant ... its aggressive marketing) seems particularly well-suited to do so. Unfortunately, the court plotzed in excitement because the case involved the
Internet and the analytical rigor suffered accordingly, but it got to the logical result. More interesting is that to attack ...
1 Nov, 2006 10:06 pm
... will be tried forever. In this edition of Coast to Coast, we discuss these e-discovery changes, what the impact will be for corporate America and how companies can prepare
themselves before the new rules take effect. Join me and my fellow Law.com blogger and ... e-discovery from the experts, Michele C.S. Lange, Esq., staff attorney in the Electronic
Evidence Services group at Kroll Ontrack Inc. and Dennis Kennedy, well-known lawyer and legal technology consultant based in St. Louis, Missouri. Dont ...
17 Jul 6:33 am
... semiconductor integrated circuits and system processes. Lonestar Inventions, LP v. Nintendo of America, Inc., MEDIATION (E.D. Tex. 2007): Lonestar claimed Wii console
violated ... Product for the Delivery of a Chat Message in a 3D Multi-User Environment." Interlink Electronics, Inc. v. Nintendo, PENDING (D.C. Del., Filed 2006): Interlink
alleges that ... allowed for use of unauthorized copies of PlayStation games. Davidson & Associates v. Internet Gateway, 422 F.3d 30 (8th
Cir. 2005): Court found ...
19 Mar, 2008 10:31 am
... 1426/1427 Newport RI Concours d' Elegance 1207 Nissan North America Inc. 1233 Regal Cinemas 1421 Rolling Thunder Speedway 1422 Speed ... critics in the US who say that
they don't go far enough." As far as Internet copyright is concerned, the Israelis, for example, reject the draconic "takedown" system used in
the U ... ISP or Host to become a policeman of content. Requiring such would effectively bring the Internet to a halt."" Arts of Innovation has
a posting by Colin Stewart titled: Evolutionary design ...
5 May, 2005 7:15 pm
... If you notice any that are missing, please let us know. WizKids, Inc. v. Wizards of the Coast, filed May 25, 2007 (W.D. Wa) KSR ... MP Games v. Shufflemaster (PENDING) W.D.
Wash Forterra Systems, Inc. v. Avatar Factory (PENDING) N.D. Cal. Freedom Wave v. ... Davidson & Associates, Inc. v. Internet
Gateway, __ F.3d. __ (8th Cir. 2006) Sony Computer Entertainment America, Inc. v. Filipiak ... 1134 (N.D. Ill. 1997) Roginski v. Time Warner Interactive, Inc., 967
F. Supp. 821 (M.D. Pa. 1997) Alpex Computer ...
2 Oct, 2007 11:20 am
... by using the domain name, the respondent has intentionally attempted to attract, for commercial gain, Internet users to its website or
other on-line location, by creating a likelihood of confusion with the complainant's mark ... See e.g., inter alia, ExecuJet Holdings Ltd. v. Air Alpha America, Inc., WIPO
Case No. D2002-0669; Joe Cole v. Dave Skipper, ... , Biotherm, Lancôme Parfums et Beauté & Cie v. Unasi, Inc., WIPO Case No. D2005-0623, with further references. Therefore
the Respondent has also ...
15 Oct, 2007 6:22 am
... agreement were in effect. Nevertheless, Conference America billed Conexant $195,979.79 for services from July 10 to July 31st and early termination fees of $74. ... clearly
state the price for the service outside of the website. It is difficult to justify this result with Affinity Internet Inc., v.
Consolidated Credit Counseling Services, 920 So. 2d 1286 ... benefits but not the burdens that followed the contract. The case is Conference America, Inc. v. Conexant
Systems, Inc., NO. 2:05-CV-01088-WKW, 2007 ...
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