Justia Communications Law Opinion Summaries

Flava, which specializes in production and distribution of videos of black men engaged in homosexual acts, obtained a preliminary injunction against myVidster, an online social bookmarking service by which people refer sites to those with similar tastes, based on a finding that myVidster is a contributory infringer. The Seventh Circuit vacated the injunction. A Flava customer is authorized only to download the video for his personal use. If instead he uploaded it to the Internet and so by doing so created a copy (because the downloaded video remains in his computer), he was infringing. The court remanded for determination of whether myVidster was a contributory infringer if a visitor to its website bookmarks the video and later someone clicks on the bookmark and views the video. View "Flava Works, Inc v. Marques Rondale Gunter, et al" on Justia Law

Leader, a software company, owns the 761 patent, which discloses a system that manages data that may be accessed and created by multiple users over a network. The patent improves upon conventional systems by associating data "with an individual, group of individuals, and topical content, and not simply with a folder, as in traditional systems." The system achieves this improvement by having users collaborate and communicate through boards that are accessible through an Internet browser and appear as a webpage. To facilitate those user-facing functions, the data management system employs metadata, tagged to data being created, to capture the association between the data and its context. As users create and change their contexts, the data (files) and applications automatically follow. Prior to filing the 761 application in 2003, Leader developed Leader2Leader.® Facebook claimed that the earlier product, publicly used and on sale prior to December 10, 2002 fell within the scope of the asserted claims of the 761 patent, rendering them invalid under 35 U.S.C. 102(b). The district court ruled in favor of Facebook. The Federal Circuit affirmed, finding the verdict supported by substantial evidence. View "Leader Tech., Inc. v. Facebook, Inc." on Justia Law

Hanners, then a Master Sergeant with the Illinois State Police, used his work computer to send an email to 16 fellow employees, including pictures and descriptions of "fictitious Barbie Dolls," depicting stereotypical area residents. After investigation, an EEO officer concluded that, although the email related to race, sexual orientation, parental status, pregnancy, family responsibilities, and the characteristics of gender, no person receiving it reported being offended. The EEO officer recommended discipline for Hanners and three employees who had forwarded the email. The disciplinary review board recommended, and the director imposed a 30-day suspension. Hanners's promotion rating was reduced. The district court granted summary judgment for defendants in his suit under 42 U.S.C. 1981, 1983. The Seventh Circuit affirmed. Hanner did not establish that individuals outside the protected class (Caucasians) received systematically better disciplinary treatment or identify any instance where defendants engaged in behavior or made comments suggesting discriminatory attitude against Caucasians generally or against him because he is Caucasian.View "Hanners v. Trent" on Justia Law

Defendant hacked the email account of then-Alaska governor and Vice Presidential candidate Sarah Palin. After forensic examinations revealed that he took action to remove information from his computer relating to the incident, he was indicted on several counts, including identity theft, but only convicted of obstruction of justice, 18 U.S.C. 1519. Section 1519, part of the Sarbanes-Oxley Act of 2002, prohibits knowing destruction or alteration of any record with intent to impede, obstruct, or influence investigation of any matter within the jurisdiction of any federal department or agency or in relation to or in contemplation of any such matter or case. The Sixth Circuit affirmed, rejecting an argument that the law was unconstitutionally vague and that there was not sufficient evidence to support his conviction. Defendant's posts indicated "contemplation" of a federal investigation.View "United States v. Kernell" on Justia Law

Defendant, convicted of interstate stalking, cyberstalking, and mailing a threatening communication (18 U.S.C. 2261A(1)-(2), 876(c)), based on communications with his estranged wife and minor child, was sentenced to 137 months. The First Circuit affirmed. The district court acted within its discretion in denying a change of venue or transfer. There was sufficient evidence to support the convictions. Defendant waived challenge to the indictment under FRCP 12(e); he did not show good cause for failing to raise the challenge before trial. The court acted within its discretion in allowing evidence of prior bad acts and imposing the sentence. View "United States v. Walker" on Justia Law

After agents traced an Internet site containing child pornography to a computer shop, they obtained a warrant and searched hard drives of the owner's personal computers, where they found files containing pornography. The owner was convicted of knowing possession of child pornography, 18 U.S.C. 2252(a)(4)(B) and sentenced to 84 months in prison. The First Circuit affirmed. A reasonable jury could rationally conclude beyond a reasonable doubt that defendant knew that his own computer contained the files, even if he did not download them himself, and that they were obtained by Internet file sharing. View "United States v. Salva-Morales" on Justia Law

Plaintiffs, citizens of Illinois, brought a class action on behalf of licensed drivers in several states against West Publishing, asserting claims under the Driver’' Privacy Protection Act, 18 U.S.C. 2722. They contend that West acquires personal information contained in motor vehicle records of millions of drivers, directly or indirectly, from state DMVs for resale in violation of the Act. The district court dismissed for lack of standing. The Seventh Circuit affirmed.While the Act does create a federal private right of action for people who claim that their personal information has been disclosed in violation of the Act, it does not prohibit West Publishing from reselling the plaintiffs' personal information to those with uses permitted by the Act. View "Graczyk v. West Publ'g Co." on Justia Law

Recording companies sought statutory damages and injunctive relief under the Copyright Act, 17 U.S.C. 101, claiming willful infringement of copyrights of music recordings by using file-sharing software to download and distribute recordings without authorization. The jury found that the infringement was willful and awarded statutory damages of $22,500 for each infringed recording, an award within the statutory range of $750 to $150,000 per infringement. The judge reduced the damages by a factor of ten, reasoning that the award was excessive in violation of defendant's due process rights. The First Circuit affirmed the finding of liability, but reinstated the original damage award. The district court erred in considering the constitutional issue without first addressing defendant's motion for remittitur. The court noted a number of issues concerning application of the Copyright Act that "Congress may wish to examine." View "United Statesl v. Tenenbaum" on Justia Law

Defendant, a non-profit company that blocks unwanted bulk e-mail, maintains a list of internet protocol addresses of spam distributors, which internet service providers use to block e-mails originating from those addresses. Plaintiff, a now-defunct internet marketing company, sued for tortious interference with contractual relations, tortious interference with prospective economic advantage, and defamation. The district court granted default judgment and awarded $11,715,000 in damages. When defendant changed strategy, the Seventh Circuit affirmed default judgment but vacated the award. On remand, the court awarded a total of $27,002. The Seventh Circuit vacated and remanded with instructions to enter judgment in the nominal amount of three dollars. The district court properly struck most of plaintiff's evidence, either as an appropriate discovery sanction or for proper procedural reasons. The evidence did not support an award of $27,000 in actual damages because plaintiff based its damage calculations on lost revenues rather than lost profits. View "e360 Insight, Inc. v. Spamhaus Project" on Justia Law

Defendant, a technology company that sold data centers, appealed the district court's judgment on a jury verdict in favor of plaintiff, a company that purchased defendant's fiber management systems and intelligent fiber systems, in plaintiff's suit for breach of contract and fraudulent inducement. At issue was whether the district court erred in denying its motion for judgment as a matter of law. The court held that because plaintiff failed to present sufficient evidence that defendant had no intent to perform under the "best efforts" provision of the contract and failed to present any evidence of damages on its other claim, the judgment of the district court was reversed and remanded to the district court to enter judgment in favor of defendant. Accordingly, the court did not reach the other issues raised by defendant on appeal. View "Kevin M. Ehringer Enter., Inc. v. McData Serv. Corp." on Justia Law