Illinois has upgraded its statutory framework for protecting non-public personal information (NPI). HB3025, which takes effect in 2012, amends Illinois Public Act 097-0483 (the Personal Information Protection Act) to cause Illinois to join a small but growing group of states attempting to impose more specific or enhanced data security, information disposal, and breach notification provisions on those who collect and/or store [...]
Look out, importers of “grey-market goods!” The Second Circuit is slamming the door! On August 15, 2011, the Second Circuit issued its opinion in John Wiley & Sons, Inc. v. Kirtsaeng, Docket No. 09-4896-cv. The opinion interprets the phrase “lawfully made under this title” in Section 109(a) of the U.S. Copyright Act to refer to copyrighted [...]
On August 3, 2011, the Ninth Circuit eliminated a seminal presumption upon which copyright claimants have relied for years. Prior to August 3, a showing of a likelihood of success on the merits of a copyright infringement claim triggered a presumption of irreparable harm in support of a request for preliminary injunctive relief. In Perfect 10 v. [...]
Virtually every business outside of the porn industry is anxiously attempting to avoid being part of ICM Registry’s “.xxx” world and, perhaps more importantly, preventing the business’s trademarks from misappropriation by a ne’er-do-well cybersquatter. Well, in September, trademark owners will get their chance during the “Sunrise B” brand protection program period. A detailed policy announcement is due next [...]
In case you missed it, 4.9 million patients had their personal health information compromised between September 2009 and September 2010. Nearly every state has a data security/data breach notification law. Massachusetts took it one step further and replaced the common “reasonable” data security standard with a detailed standard. And what does Colorado have in mind [...]
The United States Appellate Court for the Second Circuit has recently ruled in two cases involving infringement of copyrights in music – one case providing copyright owners with a tool against infringers, and the other limiting what a successful plaintiff might expect in the form of a damage award. According to the Court in Arista [...]
Two similar battles, one war. One battle – copyright ownership versus web freedom. The other – “hot news” versus web freedom. The war – will purveyors of web freedom or content owners prevail in an economy that is evolving around our insatiable appetite for fresh – and FREE – content? YouTube and Google are accused of [...]
