As has been repeatedly reported in the media over the past few years, online postings are becoming common sources of evidence in divorce and other family law litigation. This article will discuss recent studies and surveys that have examined the increased use of online postings as evidence in divorce cases, as well as how courts [...]
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Kirtsaeng is a Thai national studying at Cornell. He bought and imported copies of textbooks published by Wiley Asia and tried to resell them in the United States, where similar books published by Wiley (US) were sold at a higher price. Wiley sued, saying the copies were infringing. Kirtsaeng argued that the books could be [...]
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So far, 2013 has been anticlimactic for litigators waiting for an authoritative appellate decision addressing the rules of social media discovery. Although state and federal trial courts have established some basic parameters regarding the accessibility of private social content in litigation, there remains a conspicuous lack of appellate court guidance on [...]
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It wasn’t long after the inception of AOL when email scammers fired up their own computers and began preying on unsuspecting recipients. Back then we all thought that any piece of email which found its way into our cyber mailbox must be legitimate and meant for our eyes only. Little did we know that the [...]
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Crookes v. Newton, 2011 SCC 47, October 19th 2011.
Single Sentence Summary
A majority of the Supreme Court of Canada ruled that a hyperlink, by itself, cannot be defamatory, as it cannot be seen as a “publication” of the content to which it refers.
Legal Context
To successfully plead defamation [...]
Continue Reading →As the social networking market continues to grow and evolve, consumers are increasingly presented with new platforms through which they can document and share their lives. The expansion of this market, particularly over the past few years, has been nothing short of remarkable. Websites like Facebook and LinkedIn have become nearly mandatory for [...]
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If you’re a follower of copyright law, the last several months have been interesting, to say the least. During the debate over the Stop Online Privacy Act and the PROTECT IP Act, copyright talk briefly entered the national discourse. Although that process ended with no changes in the law itself, it’s possible that it [...]
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The New Generic Top-Level Domain (gTLD) Program instituted by ICANN was pegged to be a fundamental change in the Internet. While that remains to be seen, many trademark holders are concerned about this fundamental change because an open season on TLDs brings about the risk of an entity appropriating someone else’s [...]
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Recipients of text messages offering three weekly “flirting tips” for $9.99 per month say they never agreed to be charged for the advice after they ignored the texts. According to a class-action complaint (PDF) pending before the U.S. District Court for the Northern District of California, though, the amounts [...]
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On Monday, February 27th, the Federal Circuit made its fifth post-Bilski decision regarding the patentability of “computer aided” method claims. Previously, the court was split 2-2 on the issue, with Research Corp Technologies v. Microsoft and Ultramercial v. Hulu finding such claims patentable, and Continue Reading →
