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2008
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In This Issue:
 

Copyright Owners Must "Consider" Fair Use in Forming a Good Faith Belief to Support a DMCA Takedown Notice

Service Provider Qualifies for DMCA ยง 512(c) Safe Harbor Despite Processing and Reformatting of Files

Presence of Copies of Sound Recordings in Shared Folder of P2P Application Constitutes Copyright Infringement

Copyright Act Preempts Rock Group's State Law Right of Publicity Claim Based on "Sound" of Recorded Song

Sales of Software Manufactured and Sold Outside the U.S. Not Subject to Copyright First Sale Doctrine

Sales of Digital Cable Filters Violate Anticircumvention Provisions of the DMCA and Cable Communications Policy Act

Antitrust, Copyright Misuse and Declaratory Judgment Relief Not Proper Counterclaims in P2P Infringement Action

UCC, Not Uniform Electronic Transactions Act, Governs Formation of Contract by Exchange of E-Mails

Use of Pop-Up Ads Not Unfair Competition or Tortious Interference With Competitor

Purchase of a Trademark Term for Keyword Advertising a "Use in Commerce" Under the Lanham Act

Finding of Bad Faith Registration of Infringing Domain Not Conclusive of Prevailing Plaintiff's Entitlement to "Exceptional Case" Damages and Attorney Fees

Search Engine Immune Under CDA Section 230 From Defamation Claim for Article Displayed on Web Site 

CFAA Employee Unauthorized Access Issue Certified for Interlocutory Appeal to Circuit Court

Stored Communications Act Does Not Bar Disclosure of Text Message Contents Via Civil Document Discovery Request

User of P2P Software Has No Reasonable Expectation of Privacy in Files in Shared Folder

Privacy Activist's Web Site Posting of Government Officials' SSNs Entitled to Same First Amendment Protections as Traditional Media

Teacher's Tort Claim Against Students For Fake MySpace Page Rejected Under Texas Law

"Negligible Harm" to ISP From Unsolicited E-Mails Insufficient to Establish Adverse Effect Under CAN-SPAM

Government Seizure of Attorney Computers Containing Client Files Not Impermissibly Broad Under Fourth Amendment

Federal Courts Have Jurisdiction Over TCPA Claims Under Federal Class Action Fairness Act

Use of Wikipedia Encyclopedia Improper in Assessing Documents Submitted in Immigration Proceeding

Developments of Note

 
   
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