Here’s a link to a great discussion of the situation which has occurred recently when YouTube received 100,000 DMCA Takedown Notices from Viacom, claiming that all 100,000 videos infringed upon Viacom’s copyrights. The problem? A good number of the videos were legitimate. These users now face the burden of serving YouTube with written counter-notices asserting…
Author: Kevin A. Thompson
Kevin A. Thompson practices primarily in the area of domestic and international trademarks, copyrights and internet law issues. He is experienced with prosecuting international applications under the Madrid Protocol. Kevin counsels clients in the selection, clearance, and maintenance of trademarks. He advises them with respect to enforcement of rights, and assists in representing them in disputes around the world to protect their valuable intellectual property.
Kevin received his law degree from DePaul University College of Law in 1998 with Honors and Order of the Coif. Kevin received his B.A. from the University of Wisconsin-Madison in 1993. He is on the Board of Managers for the Intellectual Property Law Association of Chicago, having served in the past as the chair of its Internet Law Committee, and is also past chair of the Chicago Bar Association’s Computer Law Committee.
Blawg Review #93
Welcome to Blawg Review #93, the sub rosa, hidden, and subversive Illuminati edition! 1993 was an important year for the development of Internet and computer law. A seminal case that led to the creation of the Electronic Frontier Foundation (the “EFF“)was decided. That case was Steve Jackson Games, Inc. v. United States Secret Service and…
General Media v. Crazy Troll: Not reverse domain name hijacking to bring ACPA case for expired domain
General Media Communications, Inc. v. Crazy Troll, LLC (No. 06 Civ. 40581 LAKFM, Order re: partial summary judgment, January 16, 2007), 2007 WL 102988 (S.D.N.Y.) Plaintiff, General Media, is the publisher of Penthouse magazine. At one time, it owned the domain name penthouseboutique.com, but its bankruptcy trustee allowed it to lapse. General Media still has…
RIP: Bitpass
I first wrote about Bitpass, a micropayment service, here, back in July of 2005. I was sad to read that the service will shut down as of January 26th. Matt Marshall at VentureBeat has a great article discussing the demise here.
Recent “Phishing” conviction in California
A California man was recently convicted of a “phishing” scam. Specifically, Mr. Goodin’s conviction is based upon violations of the CAN-SPAM act (15 U.S.C. §§ 7701 et seq.), as well as 10 additional counts, including wire fraud, misuse of the AOL trademark, and attempted witness harassment. The article here at Mercury News makes a big…
Butera & Andrews v. IBM – Employer not liable for intentional hacking by unknown IBM employee
Butera & Andrews v. International Business Machines Corporation, 456 F.Supp.2d. 104, (1:06-CV-647, D. of Columbia, Order granting Motion to Dismiss, October 18, 2006.) Plaintiff Butera & Andrews is a law firm that specializes in federal government relations and litigation. It detected unauthorized intrusions into its computer systems in November of 2005. Security consultants tracked the…
Court orders TRO against site selling discount coupons for Northwest Airlines
Northwest Airlines, Inc. v. Bauer; 06 CV 086, D. North Dakota. Order granting temporary restraining order, December 15, 2006. Plaintiff is Northwest Airlines, the 5th largest U.S. air carrier with a family of NORTHWEST marks. It offered special coupons called E-Certificates as a courtesy to passengers who suffer from delays or other service interruptions. The…
Be Proactive: Know Your Systems and People Before Facing a Lawsuit
The following is an article I wrote about the recent changes to the Federal Rules of Civil Procedure and its impact on record keeping responsibilities and issues. —- As of December 1, 2006, the Federal Courts have adopted new Federal Rules of Civil Procedure that explicitly acknowledge the fact that information that may be relevant…
Craigslist Not Liable for Publishing Discriminatory Advertisements
I’ve been following the recent case here in the Northern District of Illinois where Craigslist was sued for publishing housing advertisements that allegedly violated the Fair Housing Act. A decision by Judge St. Eve holds that Craigslist is a provider of an interactive computer service under 47 USC 230(c)(1), and that as such it is entitled…
Technology Voter Guide 2006 Released
In preparation for the November 7, 2006 elections, check out the Technology Voter Guide prepared by CNET News.com. The link leads to the analysis page, from which you can click on the map to see how your representatives in your state voted on technology issues. Then, you can click on each person’s name to see…