Items tagged "Litigation"

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There Is No Loophole in the Net Neutrality Rules

June 13, 2017 FCC , Litigation , Net Neutrality , Net Neutrality in 2017

One of the stranger ideas going around among the anti-net neutrality crowd (and in the Federal Communication Commission’s proposal to roll back the net neutrality rules) is the idea that the current rules, adopted by the previous FCC, contain a loophole that allows Internet Service Providers to block whatever websites they want to and generally avoid the rules, provided they use the right magic words–namely, that if they simply say ahead of time they intend to violate the rules, they’re no longer subject to them. This is wrong—the rules only cover broadband ISPs, which are defined quite precisely, but there’s no way for an ISP to continue offering what anyone would recognize as “internet access” without being covered by the rules.

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Consequences of BMG Rights Management v. Cox Communications

December 1, 2016 Broadband Access , Copyright , Copyright Reform , Homework Gap , Litigation

Imagine this: Your family is at your place for Thanksgiving and, all of a sudden, your mother has a heart attack. You rush to the phone and dial 9-1-1. You’re told by an automated message that your internet has been disconnected for alleged copyright infringement, so your emergency call cannot be completed. Unbeknownst to you, HBO noticed that your roommate had been illegally downloading Game of Thrones, and called upon your Internet Service Provider to disconnect your account.

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Taking It Back!: FCC’s New Promise to Tackle Forced Arbitration and Protect Consumers

October 31, 2016 FCC , Litigation , Mandatory Arbitration

Last week, the Federal Communications Commission made two huge moves to help consumers navigate the digital marketplace. The first was to finally pass its long-awaited landmark broadband privacy rules. But tucked inside that order was something equally important, if less high-profile: a commitment by the FCC that by February 2017, it will embark on a proceeding to address mandatory binding (or forced) arbitration clauses.

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Understanding the Ninth Circuit’s Decision in AT&T Mobility v. FTC

August 31, 2016 FCC , FTC , Litigation , Title II

The Ninth Circuit issued a fairly important decision limiting the authority of the Federal Trade Commission (FTC). Unfortunately, articles such as this from CNET, combined with some overwrought commentary, have generated a lot of confusion.

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Apple v. Samsung Before the Supreme Court: Fair Payment and Consequences to Innovation

June 10, 2016 Apple v. Samsung , Litigation , Patent Reform , Patents , Supreme Court

Imagine a tire on a fancy Tesla, a highly technical, complex car made from myriad technological contributions and likely subject to thousands of patents. Many of those patents cover the technologies that make the car run, while others, design patents, cover only the ornamental designs. Generally, a tire’s tread pattern is several straight lines that cross each other – and could be covered by a design patent. The tire itself is a small part of the final car, and the role the tread plays in the car’s value is minimal.

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Antitrust Law and the Protection of Open Standards, Interoperability, and Competition

June 10, 2016 Antitrust , Antitrust Law , Arista v. Cisco , Litigation , Oracle v. Google

This is a guest blog post written for Public Knowledge by Rachel Frank, a student and researcher at the Juelsgaard Intellectual Property and Innovation Clinic at Stanford Law School.

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Google v. Oracle Fair Use Victory: How Did We Get Here?

May 27, 2016 Copyright , Copyright Reform , Fair Use , Litigation

As you may have heard, Google won a major fair use victory yesterday against Oracle involving Google’s implementation of certain Application Program Interfaces (APIs) of the Java programming language in its popular Android mobile operating system. The case has been running for six years, has important consequences for software and innovation, and featured a number of twists and turns. Here’s a guide to what’s happened, why it’s important, and what to expect.

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In a Lawsuit over Copyright in Klingon, Here Come the Klingon Speakers

April 28, 2016 Copyright , Copyright Reform , Litigation

In my almost three years at Public Knowledge, I have never been so delighted as this morning when I saw an amicus curiae brief in the lawsuit over copyright in the constructed language Klingon – which opens by quoting a Klingon proverb, in Klingon script.

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Cosplay Goes to the Supreme Court

January 19, 2016 Copyright , Copyright Reform , Copyright Week , Fashion Copyright , Litigation

Yes, you read that right: the Supreme Court of the United States may get to decide the legal status of all those Jedi robes you’ve got squirreled away. The Supreme Court is considering a case that will set the standard for when clothing and costume designs can be covered by copyright—and when people who mimic them (such as costumers) can be sued for potentially enormous damages.

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“Stay With Me”: ISPs Head to Court to Fight New Net Neutrality Rules

May 26, 2015 FCC , Litigation , Net Neutrality , Open Internet , Title II

It’s been almost three months since the FCC issued its order reclassifying Internet Service Providers as Title II telecommunications carriers and establishing strong net neutrality rules. No one was surprised when the ISPs cried foul and sued to overturn the ruling.

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