Archive for the 'court' Category...
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Anonymous Coward writes “A U.S. appeals court in Ohio has ruled that e-mail messages stored on Internet servers are protected by the Constitution as are telephone conversations and that a federal law permitting warrantless secret searches of e-mail violates the Fourth Amendment. ‘The Stored Communications Act is very important,’ former federal prosecutor and counter-terrorism specialist Andrew McCarthy told United Press International. But the future of the law now hangs in the balance.”
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Original post by samzenpus and software by Elliott Back
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jcgam69 writes “A federal judge in New Mexico has put the brakes on the RIAA’s lawsuit train, at least in the US District Court for New Mexico. The case in question is part of the RIAA’s campaign against file-sharing on college campuses and names “Does 1-16,” who allegedly engaged in copyright infringement using the University of New Mexico’s network. In a ruling issued last month but disclosed today by file-sharing attorney Ray Beckerman, Judge Lorenzo F. Garcia denied the RIAA’s motion to engage in discovery. This means that the RIAA will not be able to easily get subpoenas to obtain identifying information from the University.”
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Original post by samzenpus and software by Elliott Back
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brandonY writes “The founder of Creative Commons, the Stanford lawyer behind the ‘Eldred v. Ashcroft’ case, and the author of ‘Code’ has spent the last 10 years working tirelessly on behalf of limited copyright terms, net neutrality, and the public domain. Tuesday, Lawrence Lessig announced on his blog that he has “decided to shift my academic work, and soon, my activism” from fighting the good fight for the public domain to fighting the good fight against corruption and the influence of big money’s effects on legislation in general.”
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Original post by ScuttleMonkey and software by Elliott Back
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The Xoxo Reader writes “Reuters reports that two women at Yale Law School have filed suit for defamation and infliction of emotional distress against an administrator and 28 anonymous posters on AutoAdmit (a.k.a. Xoxohth), a popular law student discussion site. Experts are watching to see if the suit will unmask the posters, who are identified in the complaint only by their pseudonyms. Since AutoAdmit’s administrators have previously said that they do not retain IP logs of posters, identifying the defendants may test the limits of the legal system and anonymity on the Internet. So far, one method tried was to post the summons on the message board itself and ask the defendants to step forward. The controversy leading to this lawsuit was previously discussed on Slashdot.”
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Original post by kdawson and software by Elliott Back
Filed under court
NewYorkCountryLawyer writes “A Boston University student identified only as one of the 21 ‘John Does’ in Arista v. Does 1-21 has challenged the RIAA’s alleged right to get his or her identity from the school, bringing a motion to vacate the ex parte discovery order obtained by the RIAA, and to quash the subpoena served on the university. John Doe’s court papers (PDF) argue, among other things, that the RIAA’s papers are ‘based on a flawed theory that having copyrighted music files on an individual’s computer or on an assigned folder on Boston University’s server is a “distribution” of such copyrighted music files, where such folder is merely accessible by others.’”
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Original post by kdawson and software by Elliott Back