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17 Nov 2020, 4:07 am by Stewart Baker
  Mark and I admire the new Aussie critical-infrastructure cybersecurity initiative, for its clarity if not for its likely political appeal. [read post]
3 Nov 2020, 3:22 am by Stewart Baker
On appeal, we may see the courts taking a broader view of the equities. [read post]
27 Oct 2020, 9:55 am by Kalvis Golde
EDT, Election Law at Ohio State (partners on SCOTUSblog’s 2020 Election Litigation Tracker) will host a number of election law experts to discuss where things stand so close to the 2020 election, including pending appeals to and rulings by the Supreme Court over election procedure in key states. [read post]
24 Oct 2020, 1:12 pm by Giles Peaker
The appellant appeals on the basis that the order made was inappropriate in light of the authority of Vadamalayan v Stewart. [read post]
10 Oct 2020, 11:42 am by Anna Salvatore, Tia Sewell
Court of Appeals for the Second Circuit’s ruling that the Manhattan district attorney can enforce his subpoena to President Trump’s accounting firm for his tax records. [read post]
9 Oct 2020, 11:40 am by Ronald Mann
Court of Appeals for the Federal Circuit held that Google violated Oracle’s copyright and that its actions as a matter of law could not be regarded as fair use. [read post]
9 Oct 2020, 5:58 am by Florian Mueller
Goldstein overlooks are three inconvenient facts, any single one of which makes his statement less than truthful:In the first Federal Circuit appeal (the one that resulted in a copyrightability holding and a remand of "fair use" for retrial), Oracle clearly argued that the fair use question should be resolved by the judges and not be put before a jury.On remand, Oracle simply wasn't allowed by Judge William H. [read post]
8 Oct 2020, 7:48 am by Florian Mueller
"This 101/102 distinction reminds me of the Federal Circuit hearing, where Oracle's counsel Joshua Rosenkranz explained, and the appeals court appeared to agree, that Section 101 is where copyrightability is decided, while Section 102 is more about what scope it then has. [read post]
7 Oct 2020, 12:18 pm by Anna Salvatore
Stewart Baker shared an episode of The Cyberlaw Podcast entitled “Damned if You Do, Damned if You Don’t (Pay the Ransom). [read post]
2 Oct 2020, 2:52 pm
  It'd have probably lost another $100,000 if the bond had been set in the right amount.There's also a funny line in the opinion in which Justice Stewart says:  "In the course of our research we encountered—but cannot mention by name—a number of unpublished Court of Appeal decisions rejecting American’s argument and distinguishing [the 1919 Court of Appeal opinion]. [read post]
29 Sep 2020, 3:44 am by Stewart Baker
  I predict that President Xi is likely to veto any deal that appeals to President Trump, just to show the power of his regime to interfere with US plans. [read post]
22 Sep 2020, 5:01 am by Russell Spivak
The Fifth Circuit’s Ruling Judges Jacques Wiener, Carl Stewart and Don Willett of the Fifth Circuit overturned Miller’s ruling in a brief six-page per curiam opinion from August. [read post]
19 Sep 2020, 8:30 am by Tia Sewell, Anna Salvatore
Court of Appeals for the Ninth Circuit’s Sept. 2 decision on United States v. [read post]
11 Sep 2020, 3:00 am by Jim Sedor
National/Federal $2,933 for ‘Girl’s Night’: Medicaid chief’s consulting expenses revealed Politico – Dan Diamond and Adam Cancryn | Published: 9/10/2020 A House investigation showed how Seema Verma, the Trump administration’s top Medicaid official, spent more than $3.5 million on a range of GOP-connected consultants, who polished her public profile, wrote her speeches and Twitter posts, brokered meetings with high-profile individuals, and even billed… [read post]
10 Sep 2020, 8:27 am by Stewart Baker
In our 327th episode of the Cyberlaw Podcast, Stewart is joined by Nick Weaver (@ncweaver), David Kris (@DavidKris), and Dave Aitel (@daveaitel). [read post]