UW School of Law > LTA Journal > Topical Index

Washington Journal of Law, Technology & Arts Issues

Litigation

ArticleTitleAuthor
3 E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs

abstract   full article

Mafé Rajul
1

Ethical Considerations for Blog-Related Discovery

abstract   full article

Jason Boulette and Tanya DeMent
15 Arbitration Nation: Wireless Services Providers and Class Action Waivers

abstract   full article

Alexander J. Casey
27 Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases

Peer-to-peer file-sharing service providers (P2Ps) allow Internet users to exchange electronic content, including music, movies, and other digital works. In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Supreme Court unanimously disarmed such P2Ps by holding that it is unlawful to distribute programs that induce others to commit copyright infringement. Evolved technologies, such as dot-torrent, allow mass file exchanges between third-party users--an attempt to remove the P2P from the file-sharing equation. The court in Columbia Pictures Industries, Inc. v. Fung, however, imputed inducement from the search and index functionality of the P2P’s software, as well as the P2P’s encouraging behavior. The court in Arista Records LLC v. Lime Group LLC determined that LimeWire’s entire business model was founded on inducement. In both Fung and Lime Group, the P2P's intent was deduced from its outward acts. In Perfect 10, Inc. v. RapidShare , the court noted that RapidShare did not provide search and indexing capability and actively policed its servers when notified of infringement. This technological-behavioral standard of inducement suggests that P2Ps cannot avoid secondary liability under the guise of removing themselves as the “head” of the file-sharing process.

abstract   full article

Luke M. Rona
47 Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?

abstract   full article

Connor Moran
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
9 "I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters

abstract   full article

Mafé Rajul
6 Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers

abstract   full article

Kelcey Nichols
7 To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?

abstract   full article

Derek A. Bishop
6

Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?

abstract   full article

Cooper Offenbecher
125 Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com

abstract   full article

Jeffrey R. Doty
155 Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm

abstract   full article

Susuk Lim
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
13 Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?

abstract   full article

Jessica Belskis
9 Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws

abstract   full article

Shan Sivalingam
10 Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision

abstract   full article

Kelcey Nichols
209 Understanding and Authenticating Evidence from Social Networking Sites

abstract   full article

Heather L. Griffith
225 Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary

abstract   full article

Aurora J. Wilson
3 E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs

abstract   full article

Mafé Rajul
1

Ethical Considerations for Blog-Related Discovery

abstract   full article

Jason Boulette and Tanya DeMent
15 Arbitration Nation: Wireless Services Providers and Class Action Waivers

abstract   full article

Alexander J. Casey
27 Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases

Peer-to-peer file-sharing service providers (P2Ps) allow Internet users to exchange electronic content, including music, movies, and other digital works. In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Supreme Court unanimously disarmed such P2Ps by holding that it is unlawful to distribute programs that induce others to commit copyright infringement. Evolved technologies, such as dot-torrent, allow mass file exchanges between third-party users--an attempt to remove the P2P from the file-sharing equation. The court in Columbia Pictures Industries, Inc. v. Fung, however, imputed inducement from the search and index functionality of the P2P’s software, as well as the P2P’s encouraging behavior. The court in Arista Records LLC v. Lime Group LLC determined that LimeWire’s entire business model was founded on inducement. In both Fung and Lime Group, the P2P's intent was deduced from its outward acts. In Perfect 10, Inc. v. RapidShare , the court noted that RapidShare did not provide search and indexing capability and actively policed its servers when notified of infringement. This technological-behavioral standard of inducement suggests that P2Ps cannot avoid secondary liability under the guise of removing themselves as the “head” of the file-sharing process.

abstract   full article

Luke M. Rona
47 Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?

abstract   full article

Connor Moran
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
9 "I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters

abstract   full article

Mafé Rajul
6 Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers

abstract   full article

Kelcey Nichols
7 To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?

abstract   full article

Derek A. Bishop
6

Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?

abstract   full article

Cooper Offenbecher
125 Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com

abstract   full article

Jeffrey R. Doty
155 Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm

abstract   full article

Susuk Lim
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
13 Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?

abstract   full article

Jessica Belskis
9 Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws

abstract   full article

Shan Sivalingam
10 Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision

abstract   full article

Kelcey Nichols
209 Understanding and Authenticating Evidence from Social Networking Sites

abstract   full article

Heather L. Griffith
225 Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary

abstract   full article

Aurora J. Wilson
3 E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs

abstract   full article

Mafé Rajul
1

Ethical Considerations for Blog-Related Discovery

abstract   full article

Jason Boulette and Tanya DeMent
15 Arbitration Nation: Wireless Services Providers and Class Action Waivers

abstract   full article

Alexander J. Casey
27 Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases

Peer-to-peer file-sharing service providers (P2Ps) allow Internet users to exchange electronic content, including music, movies, and other digital works. In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Supreme Court unanimously disarmed such P2Ps by holding that it is unlawful to distribute programs that induce others to commit copyright infringement. Evolved technologies, such as dot-torrent, allow mass file exchanges between third-party users--an attempt to remove the P2P from the file-sharing equation. The court in Columbia Pictures Industries, Inc. v. Fung, however, imputed inducement from the search and index functionality of the P2P’s software, as well as the P2P’s encouraging behavior. The court in Arista Records LLC v. Lime Group LLC determined that LimeWire’s entire business model was founded on inducement. In both Fung and Lime Group, the P2P's intent was deduced from its outward acts. In Perfect 10, Inc. v. RapidShare , the court noted that RapidShare did not provide search and indexing capability and actively policed its servers when notified of infringement. This technological-behavioral standard of inducement suggests that P2Ps cannot avoid secondary liability under the guise of removing themselves as the “head” of the file-sharing process.

abstract   full article

Luke M. Rona
47 Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?

abstract   full article

Connor Moran
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
9 "I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters

abstract   full article

Mafé Rajul
6 Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers

abstract   full article

Kelcey Nichols
7 To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?

abstract   full article

Derek A. Bishop
6

Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?

abstract   full article

Cooper Offenbecher
125 Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com

abstract   full article

Jeffrey R. Doty
155 Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm

abstract   full article

Susuk Lim
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
13 Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?

abstract   full article

Jessica Belskis
9 Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws

abstract   full article

Shan Sivalingam
10 Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision

abstract   full article

Kelcey Nichols
209 Understanding and Authenticating Evidence from Social Networking Sites

abstract   full article

Heather L. Griffith
225 Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary

abstract   full article

Aurora J. Wilson
3 E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs

abstract   full article

Mafé Rajul
1

Ethical Considerations for Blog-Related Discovery

abstract   full article

Jason Boulette and Tanya DeMent
15 Arbitration Nation: Wireless Services Providers and Class Action Waivers

abstract   full article

Alexander J. Casey
27 Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases

Peer-to-peer file-sharing service providers (P2Ps) allow Internet users to exchange electronic content, including music, movies, and other digital works. In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Supreme Court unanimously disarmed such P2Ps by holding that it is unlawful to distribute programs that induce others to commit copyright infringement. Evolved technologies, such as dot-torrent, allow mass file exchanges between third-party users--an attempt to remove the P2P from the file-sharing equation. The court in Columbia Pictures Industries, Inc. v. Fung, however, imputed inducement from the search and index functionality of the P2P’s software, as well as the P2P’s encouraging behavior. The court in Arista Records LLC v. Lime Group LLC determined that LimeWire’s entire business model was founded on inducement. In both Fung and Lime Group, the P2P's intent was deduced from its outward acts. In Perfect 10, Inc. v. RapidShare , the court noted that RapidShare did not provide search and indexing capability and actively policed its servers when notified of infringement. This technological-behavioral standard of inducement suggests that P2Ps cannot avoid secondary liability under the guise of removing themselves as the “head” of the file-sharing process.

abstract   full article

Luke M. Rona
47 Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?

abstract   full article

Connor Moran
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
9 "I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters

abstract   full article

Mafé Rajul
6 Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers

abstract   full article

Kelcey Nichols
7 To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?

abstract   full article

Derek A. Bishop
6

Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?

abstract   full article

Cooper Offenbecher
125 Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com

abstract   full article

Jeffrey R. Doty
155 Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm

abstract   full article

Susuk Lim
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
13 Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?

abstract   full article

Jessica Belskis
9 Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws

abstract   full article

Shan Sivalingam
10 Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision

abstract   full article

Kelcey Nichols
209 Understanding and Authenticating Evidence from Social Networking Sites

abstract   full article

Heather L. Griffith
225 Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary

abstract   full article

Aurora J. Wilson
3 E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs

abstract   full article

Mafé Rajul
1

Ethical Considerations for Blog-Related Discovery

abstract   full article

Jason Boulette and Tanya DeMent
15 Arbitration Nation: Wireless Services Providers and Class Action Waivers

abstract   full article

Alexander J. Casey
27 Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases

Peer-to-peer file-sharing service providers (P2Ps) allow Internet users to exchange electronic content, including music, movies, and other digital works. In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Supreme Court unanimously disarmed such P2Ps by holding that it is unlawful to distribute programs that induce others to commit copyright infringement. Evolved technologies, such as dot-torrent, allow mass file exchanges between third-party users--an attempt to remove the P2P from the file-sharing equation. The court in Columbia Pictures Industries, Inc. v. Fung, however, imputed inducement from the search and index functionality of the P2P’s software, as well as the P2P’s encouraging behavior. The court in Arista Records LLC v. Lime Group LLC determined that LimeWire’s entire business model was founded on inducement. In both Fung and Lime Group, the P2P's intent was deduced from its outward acts. In Perfect 10, Inc. v. RapidShare , the court noted that RapidShare did not provide search and indexing capability and actively policed its servers when notified of infringement. This technological-behavioral standard of inducement suggests that P2Ps cannot avoid secondary liability under the guise of removing themselves as the “head” of the file-sharing process.

abstract   full article

Luke M. Rona
47 Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?

abstract   full article

Connor Moran
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
9 "I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters

abstract   full article

Mafé Rajul
6 Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers

abstract   full article

Kelcey Nichols
7 To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?

abstract   full article

Derek A. Bishop
6

Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?

abstract   full article

Cooper Offenbecher
125 Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com

abstract   full article

Jeffrey R. Doty
155 Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm

abstract   full article

Susuk Lim
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
13 Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?

abstract   full article

Jessica Belskis
9 Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws

abstract   full article

Shan Sivalingam
10 Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision

abstract   full article

Kelcey Nichols
209 Understanding and Authenticating Evidence from Social Networking Sites

abstract   full article

Heather L. Griffith
225 Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary

abstract   full article

Aurora J. Wilson
3 E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs

abstract   full article

Mafé Rajul
1

Ethical Considerations for Blog-Related Discovery

abstract   full article

Jason Boulette and Tanya DeMent
15 Arbitration Nation: Wireless Services Providers and Class Action Waivers

abstract   full article

Alexander J. Casey
27 Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases

Peer-to-peer file-sharing service providers (P2Ps) allow Internet users to exchange electronic content, including music, movies, and other digital works. In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Supreme Court unanimously disarmed such P2Ps by holding that it is unlawful to distribute programs that induce others to commit copyright infringement. Evolved technologies, such as dot-torrent, allow mass file exchanges between third-party users--an attempt to remove the P2P from the file-sharing equation. The court in Columbia Pictures Industries, Inc. v. Fung, however, imputed inducement from the search and index functionality of the P2P’s software, as well as the P2P’s encouraging behavior. The court in Arista Records LLC v. Lime Group LLC determined that LimeWire’s entire business model was founded on inducement. In both Fung and Lime Group, the P2P's intent was deduced from its outward acts. In Perfect 10, Inc. v. RapidShare , the court noted that RapidShare did not provide search and indexing capability and actively policed its servers when notified of infringement. This technological-behavioral standard of inducement suggests that P2Ps cannot avoid secondary liability under the guise of removing themselves as the “head” of the file-sharing process.

abstract   full article

Luke M. Rona
47 Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?

abstract   full article

Connor Moran
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
9 "I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters

abstract   full article

Mafé Rajul
6 Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers

abstract   full article

Kelcey Nichols
7 To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?

abstract   full article

Derek A. Bishop
6

Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?

abstract   full article

Cooper Offenbecher
125 Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com

abstract   full article

Jeffrey R. Doty
155 Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm

abstract   full article

Susuk Lim
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
13 Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?

abstract   full article

Jessica Belskis
9 Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws

abstract   full article

Shan Sivalingam
10 Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision

abstract   full article

Kelcey Nichols
209 Understanding and Authenticating Evidence from Social Networking Sites

abstract   full article

Heather L. Griffith
225 Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary

abstract   full article

Aurora J. Wilson
3 E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs

abstract   full article

Mafé Rajul
1

Ethical Considerations for Blog-Related Discovery

abstract   full article

Jason Boulette and Tanya DeMent
15 Arbitration Nation: Wireless Services Providers and Class Action Waivers

abstract   full article

Alexander J. Casey
27 Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases

Peer-to-peer file-sharing service providers (P2Ps) allow Internet users to exchange electronic content, including music, movies, and other digital works. In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Supreme Court unanimously disarmed such P2Ps by holding that it is unlawful to distribute programs that induce others to commit copyright infringement. Evolved technologies, such as dot-torrent, allow mass file exchanges between third-party users--an attempt to remove the P2P from the file-sharing equation. The court in Columbia Pictures Industries, Inc. v. Fung, however, imputed inducement from the search and index functionality of the P2P’s software, as well as the P2P’s encouraging behavior. The court in Arista Records LLC v. Lime Group LLC determined that LimeWire’s entire business model was founded on inducement. In both Fung and Lime Group, the P2P's intent was deduced from its outward acts. In Perfect 10, Inc. v. RapidShare , the court noted that RapidShare did not provide search and indexing capability and actively policed its servers when notified of infringement. This technological-behavioral standard of inducement suggests that P2Ps cannot avoid secondary liability under the guise of removing themselves as the “head” of the file-sharing process.

abstract   full article

Luke M. Rona
47 Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?

abstract   full article

Connor Moran
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
9 "I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters

abstract   full article

Mafé Rajul
6 Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers

abstract   full article

Kelcey Nichols
7 To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?

abstract   full article

Derek A. Bishop
6

Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?

abstract   full article

Cooper Offenbecher
125 Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com

abstract   full article

Jeffrey R. Doty
155 Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm

abstract   full article

Susuk Lim
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
13 Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?

abstract   full article

Jessica Belskis
9 Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws

abstract   full article

Shan Sivalingam
10 Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision

abstract   full article

Kelcey Nichols
209 Understanding and Authenticating Evidence from Social Networking Sites

abstract   full article

Heather L. Griffith
225 Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary

abstract   full article

Aurora J. Wilson
3 E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs

abstract   full article

Mafé Rajul
1

Ethical Considerations for Blog-Related Discovery

abstract   full article

Jason Boulette and Tanya DeMent
15 Arbitration Nation: Wireless Services Providers and Class Action Waivers

abstract   full article

Alexander J. Casey
27 Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases

Peer-to-peer file-sharing service providers (P2Ps) allow Internet users to exchange electronic content, including music, movies, and other digital works. In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Supreme Court unanimously disarmed such P2Ps by holding that it is unlawful to distribute programs that induce others to commit copyright infringement. Evolved technologies, such as dot-torrent, allow mass file exchanges between third-party users--an attempt to remove the P2P from the file-sharing equation. The court in Columbia Pictures Industries, Inc. v. Fung, however, imputed inducement from the search and index functionality of the P2P’s software, as well as the P2P’s encouraging behavior. The court in Arista Records LLC v. Lime Group LLC determined that LimeWire’s entire business model was founded on inducement. In both Fung and Lime Group, the P2P's intent was deduced from its outward acts. In Perfect 10, Inc. v. RapidShare , the court noted that RapidShare did not provide search and indexing capability and actively policed its servers when notified of infringement. This technological-behavioral standard of inducement suggests that P2Ps cannot avoid secondary liability under the guise of removing themselves as the “head” of the file-sharing process.

abstract   full article

Luke M. Rona
47 Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?

abstract   full article

Connor Moran
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
9 "I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters

abstract   full article

Mafé Rajul
6 Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers

abstract   full article

Kelcey Nichols
7 To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?

abstract   full article

Derek A. Bishop
6

Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?

abstract   full article

Cooper Offenbecher
125 Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com

abstract   full article

Jeffrey R. Doty
155 Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm

abstract   full article

Susuk Lim
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
13 Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?

abstract   full article

Jessica Belskis
9 Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws

abstract   full article

Shan Sivalingam
10 Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision

abstract   full article

Kelcey Nichols
209 Understanding and Authenticating Evidence from Social Networking Sites

abstract   full article

Heather L. Griffith
225 Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary

abstract   full article

Aurora J. Wilson
3 E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs

abstract   full article

Mafé Rajul
1

Ethical Considerations for Blog-Related Discovery

abstract   full article

Jason Boulette and Tanya DeMent
15 Arbitration Nation: Wireless Services Providers and Class Action Waivers

abstract   full article

Alexander J. Casey
27 Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases

Peer-to-peer file-sharing service providers (P2Ps) allow Internet users to exchange electronic content, including music, movies, and other digital works. In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Supreme Court unanimously disarmed such P2Ps by holding that it is unlawful to distribute programs that induce others to commit copyright infringement. Evolved technologies, such as dot-torrent, allow mass file exchanges between third-party users--an attempt to remove the P2P from the file-sharing equation. The court in Columbia Pictures Industries, Inc. v. Fung, however, imputed inducement from the search and index functionality of the P2P’s software, as well as the P2P’s encouraging behavior. The court in Arista Records LLC v. Lime Group LLC determined that LimeWire’s entire business model was founded on inducement. In both Fung and Lime Group, the P2P's intent was deduced from its outward acts. In Perfect 10, Inc. v. RapidShare , the court noted that RapidShare did not provide search and indexing capability and actively policed its servers when notified of infringement. This technological-behavioral standard of inducement suggests that P2Ps cannot avoid secondary liability under the guise of removing themselves as the “head” of the file-sharing process.

abstract   full article

Luke M. Rona
47 Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?

abstract   full article

Connor Moran
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
9 "I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters

abstract   full article

Mafé Rajul
6 Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers

abstract   full article

Kelcey Nichols
7 To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?

abstract   full article

Derek A. Bishop
6

Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?

abstract   full article

Cooper Offenbecher
125 Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com

abstract   full article

Jeffrey R. Doty
155 Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm

abstract   full article

Susuk Lim
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
13 Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?

abstract   full article

Jessica Belskis
9 Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws

abstract   full article

Shan Sivalingam
10 Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision

abstract   full article

Kelcey Nichols
209 Understanding and Authenticating Evidence from Social Networking Sites

abstract   full article

Heather L. Griffith
225 Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary

abstract   full article

Aurora J. Wilson
3 E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs

abstract   full article

Mafé Rajul
1

Ethical Considerations for Blog-Related Discovery

abstract   full article

Jason Boulette and Tanya DeMent
15 Arbitration Nation: Wireless Services Providers and Class Action Waivers

abstract   full article

Alexander J. Casey
27 Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases

Peer-to-peer file-sharing service providers (P2Ps) allow Internet users to exchange electronic content, including music, movies, and other digital works. In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Supreme Court unanimously disarmed such P2Ps by holding that it is unlawful to distribute programs that induce others to commit copyright infringement. Evolved technologies, such as dot-torrent, allow mass file exchanges between third-party users--an attempt to remove the P2P from the file-sharing equation. The court in Columbia Pictures Industries, Inc. v. Fung, however, imputed inducement from the search and index functionality of the P2P’s software, as well as the P2P’s encouraging behavior. The court in Arista Records LLC v. Lime Group LLC determined that LimeWire’s entire business model was founded on inducement. In both Fung and Lime Group, the P2P's intent was deduced from its outward acts. In Perfect 10, Inc. v. RapidShare , the court noted that RapidShare did not provide search and indexing capability and actively policed its servers when notified of infringement. This technological-behavioral standard of inducement suggests that P2Ps cannot avoid secondary liability under the guise of removing themselves as the “head” of the file-sharing process.

abstract   full article

Luke M. Rona
47 Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?

abstract   full article

Connor Moran
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
3 E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs

abstract   full article

Mafé Rajul
1

Ethical Considerations for Blog-Related Discovery

abstract   full article

Jason Boulette and Tanya DeMent
15 Arbitration Nation: Wireless Services Providers and Class Action Waivers

abstract   full article

Alexander J. Casey
27 Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases

Peer-to-peer file-sharing service providers (P2Ps) allow Internet users to exchange electronic content, including music, movies, and other digital works. In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Supreme Court unanimously disarmed such P2Ps by holding that it is unlawful to distribute programs that induce others to commit copyright infringement. Evolved technologies, such as dot-torrent, allow mass file exchanges between third-party users--an attempt to remove the P2P from the file-sharing equation. The court in Columbia Pictures Industries, Inc. v. Fung, however, imputed inducement from the search and index functionality of the P2P’s software, as well as the P2P’s encouraging behavior. The court in Arista Records LLC v. Lime Group LLC determined that LimeWire’s entire business model was founded on inducement. In both Fung and Lime Group, the P2P's intent was deduced from its outward acts. In Perfect 10, Inc. v. RapidShare , the court noted that RapidShare did not provide search and indexing capability and actively policed its servers when notified of infringement. This technological-behavioral standard of inducement suggests that P2Ps cannot avoid secondary liability under the guise of removing themselves as the “head” of the file-sharing process.

abstract   full article

Luke M. Rona
47 Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?

abstract   full article

Connor Moran
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
9 "I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters

abstract   full article

Mafé Rajul
6 Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers

abstract   full article

Kelcey Nichols
7 To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?

abstract   full article

Derek A. Bishop
6

Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?

abstract   full article

Cooper Offenbecher
125 Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com

abstract   full article

Jeffrey R. Doty
155 Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm

abstract   full article

Susuk Lim
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
3 E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs

abstract   full article

Mafé Rajul
1

Ethical Considerations for Blog-Related Discovery

abstract   full article

Jason Boulette and Tanya DeMent
15 Arbitration Nation: Wireless Services Providers and Class Action Waivers

abstract   full article

Alexander J. Casey
27 Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases

Peer-to-peer file-sharing service providers (P2Ps) allow Internet users to exchange electronic content, including music, movies, and other digital works. In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Supreme Court unanimously disarmed such P2Ps by holding that it is unlawful to distribute programs that induce others to commit copyright infringement. Evolved technologies, such as dot-torrent, allow mass file exchanges between third-party users--an attempt to remove the P2P from the file-sharing equation. The court in Columbia Pictures Industries, Inc. v. Fung, however, imputed inducement from the search and index functionality of the P2P’s software, as well as the P2P’s encouraging behavior. The court in Arista Records LLC v. Lime Group LLC determined that LimeWire’s entire business model was founded on inducement. In both Fung and Lime Group, the P2P's intent was deduced from its outward acts. In Perfect 10, Inc. v. RapidShare , the court noted that RapidShare did not provide search and indexing capability and actively policed its servers when notified of infringement. This technological-behavioral standard of inducement suggests that P2Ps cannot avoid secondary liability under the guise of removing themselves as the “head” of the file-sharing process.

abstract   full article

Luke M. Rona
47 Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?

abstract   full article

Connor Moran
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
9 "I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters

abstract   full article

Mafé Rajul
6 Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers

abstract   full article

Kelcey Nichols
7 To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?

abstract   full article

Derek A. Bishop
6

Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?

abstract   full article

Cooper Offenbecher
125 Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com

abstract   full article

Jeffrey R. Doty
155 Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm

abstract   full article

Susuk Lim
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
3 E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs

abstract   full article

Mafé Rajul
1

Ethical Considerations for Blog-Related Discovery

abstract   full article

Jason Boulette and Tanya DeMent
15 Arbitration Nation: Wireless Services Providers and Class Action Waivers

abstract   full article

Alexander J. Casey
27 Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases

Peer-to-peer file-sharing service providers (P2Ps) allow Internet users to exchange electronic content, including music, movies, and other digital works. In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Supreme Court unanimously disarmed such P2Ps by holding that it is unlawful to distribute programs that induce others to commit copyright infringement. Evolved technologies, such as dot-torrent, allow mass file exchanges between third-party users--an attempt to remove the P2P from the file-sharing equation. The court in Columbia Pictures Industries, Inc. v. Fung, however, imputed inducement from the search and index functionality of the P2P’s software, as well as the P2P’s encouraging behavior. The court in Arista Records LLC v. Lime Group LLC determined that LimeWire’s entire business model was founded on inducement. In both Fung and Lime Group, the P2P's intent was deduced from its outward acts. In Perfect 10, Inc. v. RapidShare , the court noted that RapidShare did not provide search and indexing capability and actively policed its servers when notified of infringement. This technological-behavioral standard of inducement suggests that P2Ps cannot avoid secondary liability under the guise of removing themselves as the “head” of the file-sharing process.

abstract   full article

Luke M. Rona
47 Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?

abstract   full article

Connor Moran
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
9 "I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters

abstract   full article

Mafé Rajul
6 Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers

abstract   full article

Kelcey Nichols
7 To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?

abstract   full article

Derek A. Bishop
6

Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?

abstract   full article

Cooper Offenbecher
125 Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com

abstract   full article

Jeffrey R. Doty
155 Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm

abstract   full article

Susuk Lim
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
3 E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs

abstract   full article

Mafé Rajul
1

Ethical Considerations for Blog-Related Discovery

abstract   full article

Jason Boulette and Tanya DeMent
15 Arbitration Nation: Wireless Services Providers and Class Action Waivers

abstract   full article

Alexander J. Casey
27 Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases

Peer-to-peer file-sharing service providers (P2Ps) allow Internet users to exchange electronic content, including music, movies, and other digital works. In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Supreme Court unanimously disarmed such P2Ps by holding that it is unlawful to distribute programs that induce others to commit copyright infringement. Evolved technologies, such as dot-torrent, allow mass file exchanges between third-party users--an attempt to remove the P2P from the file-sharing equation. The court in Columbia Pictures Industries, Inc. v. Fung, however, imputed inducement from the search and index functionality of the P2P’s software, as well as the P2P’s encouraging behavior. The court in Arista Records LLC v. Lime Group LLC determined that LimeWire’s entire business model was founded on inducement. In both Fung and Lime Group, the P2P's intent was deduced from its outward acts. In Perfect 10, Inc. v. RapidShare , the court noted that RapidShare did not provide search and indexing capability and actively policed its servers when notified of infringement. This technological-behavioral standard of inducement suggests that P2Ps cannot avoid secondary liability under the guise of removing themselves as the “head” of the file-sharing process.

abstract   full article

Luke M. Rona
47 Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?

abstract   full article

Connor Moran
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
3 E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs

abstract   full article

Mafé Rajul
1

Ethical Considerations for Blog-Related Discovery

abstract   full article

Jason Boulette and Tanya DeMent
15 Arbitration Nation: Wireless Services Providers and Class Action Waivers

abstract   full article

Alexander J. Casey
27 Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases

Peer-to-peer file-sharing service providers (P2Ps) allow Internet users to exchange electronic content, including music, movies, and other digital works. In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Supreme Court unanimously disarmed such P2Ps by holding that it is unlawful to distribute programs that induce others to commit copyright infringement. Evolved technologies, such as dot-torrent, allow mass file exchanges between third-party users--an attempt to remove the P2P from the file-sharing equation. The court in Columbia Pictures Industries, Inc. v. Fung, however, imputed inducement from the search and index functionality of the P2P’s software, as well as the P2P’s encouraging behavior. The court in Arista Records LLC v. Lime Group LLC determined that LimeWire’s entire business model was founded on inducement. In both Fung and Lime Group, the P2P's intent was deduced from its outward acts. In Perfect 10, Inc. v. RapidShare , the court noted that RapidShare did not provide search and indexing capability and actively policed its servers when notified of infringement. This technological-behavioral standard of inducement suggests that P2Ps cannot avoid secondary liability under the guise of removing themselves as the “head” of the file-sharing process.

abstract   full article

Luke M. Rona
47 Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?

abstract   full article

Connor Moran
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
9 "I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters

abstract   full article

Mafé Rajul
6 Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers

abstract   full article

Kelcey Nichols
7 To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?

abstract   full article

Derek A. Bishop
6

Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?

abstract   full article

Cooper Offenbecher
125 Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com

abstract   full article

Jeffrey R. Doty
155 Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm

abstract   full article

Susuk Lim
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
13 Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?

abstract   full article

Jessica Belskis
9 Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws

abstract   full article

Shan Sivalingam
10 Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision

abstract   full article

Kelcey Nichols
209 Understanding and Authenticating Evidence from Social Networking Sites

abstract   full article

Heather L. Griffith
225 Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary

abstract   full article

Aurora J. Wilson
3 E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs

abstract   full article

Mafé Rajul
1

Ethical Considerations for Blog-Related Discovery

abstract   full article

Jason Boulette and Tanya DeMent
15 Arbitration Nation: Wireless Services Providers and Class Action Waivers

abstract   full article

Alexander J. Casey
27 Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases

Peer-to-peer file-sharing service providers (P2Ps) allow Internet users to exchange electronic content, including music, movies, and other digital works. In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Supreme Court unanimously disarmed such P2Ps by holding that it is unlawful to distribute programs that induce others to commit copyright infringement. Evolved technologies, such as dot-torrent, allow mass file exchanges between third-party users--an attempt to remove the P2P from the file-sharing equation. The court in Columbia Pictures Industries, Inc. v. Fung, however, imputed inducement from the search and index functionality of the P2P’s software, as well as the P2P’s encouraging behavior. The court in Arista Records LLC v. Lime Group LLC determined that LimeWire’s entire business model was founded on inducement. In both Fung and Lime Group, the P2P's intent was deduced from its outward acts. In Perfect 10, Inc. v. RapidShare , the court noted that RapidShare did not provide search and indexing capability and actively policed its servers when notified of infringement. This technological-behavioral standard of inducement suggests that P2Ps cannot avoid secondary liability under the guise of removing themselves as the “head” of the file-sharing process.

abstract   full article

Luke M. Rona
47 Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?

abstract   full article

Connor Moran
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
9 "I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters

abstract   full article

Mafé Rajul
6 Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers

abstract   full article

Kelcey Nichols
7 To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?

abstract   full article

Derek A. Bishop
6

Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?

abstract   full article

Cooper Offenbecher
125 Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com

abstract   full article

Jeffrey R. Doty
155 Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm

abstract   full article

Susuk Lim
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
13 Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?

abstract   full article

Jessica Belskis
9 Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws

abstract   full article

Shan Sivalingam
10 Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision

abstract   full article

Kelcey Nichols
209 Understanding and Authenticating Evidence from Social Networking Sites

abstract   full article

Heather L. Griffith
225 Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary

abstract   full article

Aurora J. Wilson
12

No Harm No Foul: Limits on Damages Awards for Individuals Subject to a Data Breach

abstract   full article

Derek A. Bishop
285 Gimme a Brekka!: Deciphering “Authorization” Under the CFAA and How Employers Can Protect Their Data

abstract   full article

Amber L. Leaders
473 When Is a Phone a Computer?

abstract   full article

J.C. Lundberg
487 Unchaining E-Discovery in the Patent Courts

abstract   full article

Daniel B. Garrie, Esq. and Yoav M. Griver, Esq.
3 E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs

abstract   full article

Mafé Rajul
1

Ethical Considerations for Blog-Related Discovery

abstract   full article

Jason Boulette and Tanya DeMent
15 Arbitration Nation: Wireless Services Providers and Class Action Waivers

abstract   full article

Alexander J. Casey
27 Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases

Peer-to-peer file-sharing service providers (P2Ps) allow Internet users to exchange electronic content, including music, movies, and other digital works. In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Supreme Court unanimously disarmed such P2Ps by holding that it is unlawful to distribute programs that induce others to commit copyright infringement. Evolved technologies, such as dot-torrent, allow mass file exchanges between third-party users--an attempt to remove the P2P from the file-sharing equation. The court in Columbia Pictures Industries, Inc. v. Fung, however, imputed inducement from the search and index functionality of the P2P’s software, as well as the P2P’s encouraging behavior. The court in Arista Records LLC v. Lime Group LLC determined that LimeWire’s entire business model was founded on inducement. In both Fung and Lime Group, the P2P's intent was deduced from its outward acts. In Perfect 10, Inc. v. RapidShare , the court noted that RapidShare did not provide search and indexing capability and actively policed its servers when notified of infringement. This technological-behavioral standard of inducement suggests that P2Ps cannot avoid secondary liability under the guise of removing themselves as the “head” of the file-sharing process.

abstract   full article

Luke M. Rona
47 Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?

abstract   full article

Connor Moran
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
9 "I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters

abstract   full article

Mafé Rajul
6 Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers

abstract   full article

Kelcey Nichols
7 To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?

abstract   full article

Derek A. Bishop
6

Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?

abstract   full article

Cooper Offenbecher
125 Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com

abstract   full article

Jeffrey R. Doty
155 Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm

abstract   full article

Susuk Lim
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
13 Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?

abstract   full article

Jessica Belskis
9 Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws

abstract   full article

Shan Sivalingam
10 Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision

abstract   full article

Kelcey Nichols
209 Understanding and Authenticating Evidence from Social Networking Sites

abstract   full article

Heather L. Griffith
225 Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary

abstract   full article

Aurora J. Wilson
12

No Harm No Foul: Limits on Damages Awards for Individuals Subject to a Data Breach

abstract   full article

Derek A. Bishop
285 Gimme a Brekka!: Deciphering “Authorization” Under the CFAA and How Employers Can Protect Their Data

abstract   full article

Amber L. Leaders
473 When Is a Phone a Computer?

abstract   full article

J.C. Lundberg
487 Unchaining E-Discovery in the Patent Courts

abstract   full article

Daniel B. Garrie, Esq. and Yoav M. Griver, Esq.
3 E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs

abstract   full article

Mafé Rajul
1

Ethical Considerations for Blog-Related Discovery

abstract   full article

Jason Boulette and Tanya DeMent
15 Arbitration Nation: Wireless Services Providers and Class Action Waivers

abstract   full article

Alexander J. Casey
27 Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases

Peer-to-peer file-sharing service providers (P2Ps) allow Internet users to exchange electronic content, including music, movies, and other digital works. In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Supreme Court unanimously disarmed such P2Ps by holding that it is unlawful to distribute programs that induce others to commit copyright infringement. Evolved technologies, such as dot-torrent, allow mass file exchanges between third-party users--an attempt to remove the P2P from the file-sharing equation. The court in Columbia Pictures Industries, Inc. v. Fung, however, imputed inducement from the search and index functionality of the P2P’s software, as well as the P2P’s encouraging behavior. The court in Arista Records LLC v. Lime Group LLC determined that LimeWire’s entire business model was founded on inducement. In both Fung and Lime Group, the P2P's intent was deduced from its outward acts. In Perfect 10, Inc. v. RapidShare , the court noted that RapidShare did not provide search and indexing capability and actively policed its servers when notified of infringement. This technological-behavioral standard of inducement suggests that P2Ps cannot avoid secondary liability under the guise of removing themselves as the “head” of the file-sharing process.

abstract   full article

Luke M. Rona
47 Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?

abstract   full article

Connor Moran
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
9 "I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters

abstract   full article

Mafé Rajul
6 Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers

abstract   full article

Kelcey Nichols
7 To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?

abstract   full article

Derek A. Bishop
6

Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?

abstract   full article

Cooper Offenbecher
125 Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com

abstract   full article

Jeffrey R. Doty
155 Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm

abstract   full article

Susuk Lim
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
13 Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?

abstract   full article

Jessica Belskis
9 Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws

abstract   full article

Shan Sivalingam
10 Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision

abstract   full article

Kelcey Nichols
209 Understanding and Authenticating Evidence from Social Networking Sites

abstract   full article

Heather L. Griffith
225 Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary

abstract   full article

Aurora J. Wilson
12

No Harm No Foul: Limits on Damages Awards for Individuals Subject to a Data Breach

abstract   full article

Derek A. Bishop
285 Gimme a Brekka!: Deciphering “Authorization” Under the CFAA and How Employers Can Protect Their Data

abstract   full article

Amber L. Leaders
473 When Is a Phone a Computer?

abstract   full article

J.C. Lundberg
487 Unchaining E-Discovery in the Patent Courts

abstract   full article

Daniel B. Garrie, Esq. and Yoav M. Griver, Esq.
3 E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs

abstract   full article

Mafé Rajul
1

Ethical Considerations for Blog-Related Discovery

abstract   full article

Jason Boulette and Tanya DeMent
15 Arbitration Nation: Wireless Services Providers and Class Action Waivers

abstract   full article

Alexander J. Casey
27 Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases

Peer-to-peer file-sharing service providers (P2Ps) allow Internet users to exchange electronic content, including music, movies, and other digital works. In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Supreme Court unanimously disarmed such P2Ps by holding that it is unlawful to distribute programs that induce others to commit copyright infringement. Evolved technologies, such as dot-torrent, allow mass file exchanges between third-party users--an attempt to remove the P2P from the file-sharing equation. The court in Columbia Pictures Industries, Inc. v. Fung, however, imputed inducement from the search and index functionality of the P2P’s software, as well as the P2P’s encouraging behavior. The court in Arista Records LLC v. Lime Group LLC determined that LimeWire’s entire business model was founded on inducement. In both Fung and Lime Group, the P2P's intent was deduced from its outward acts. In Perfect 10, Inc. v. RapidShare , the court noted that RapidShare did not provide search and indexing capability and actively policed its servers when notified of infringement. This technological-behavioral standard of inducement suggests that P2Ps cannot avoid secondary liability under the guise of removing themselves as the “head” of the file-sharing process.

abstract   full article

Luke M. Rona
47 Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?

abstract   full article

Connor Moran
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
9 "I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters

abstract   full article

Mafé Rajul
6 Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers

abstract   full article

Kelcey Nichols
7 To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?

abstract   full article

Derek A. Bishop
6

Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?

abstract   full article

Cooper Offenbecher
125 Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com

abstract   full article

Jeffrey R. Doty
155 Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm

abstract   full article

Susuk Lim
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
13 Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?

abstract   full article

Jessica Belskis
9 Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws

abstract   full article

Shan Sivalingam
10 Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision

abstract   full article

Kelcey Nichols
209 Understanding and Authenticating Evidence from Social Networking Sites

abstract   full article

Heather L. Griffith
225 Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary

abstract   full article

Aurora J. Wilson
12

No Harm No Foul: Limits on Damages Awards for Individuals Subject to a Data Breach

abstract   full article

Derek A. Bishop
285 Gimme a Brekka!: Deciphering “Authorization” Under the CFAA and How Employers Can Protect Their Data

abstract   full article

Amber L. Leaders
473 When Is a Phone a Computer?

abstract   full article

J.C. Lundberg
487 Unchaining E-Discovery in the Patent Courts

abstract   full article

Daniel B. Garrie, Esq. and Yoav M. Griver, Esq.
20 Willful Infringement After Seagate: How the Willfulness Standard Has Changed and What Attorneys Should Know About It

abstract   full article

Kevin Raudebaugh
3 E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs

abstract   full article

Mafé Rajul
1

Ethical Considerations for Blog-Related Discovery

abstract   full article

Jason Boulette and Tanya DeMent
15 Arbitration Nation: Wireless Services Providers and Class Action Waivers

abstract   full article

Alexander J. Casey
27 Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases

Peer-to-peer file-sharing service providers (P2Ps) allow Internet users to exchange electronic content, including music, movies, and other digital works. In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Supreme Court unanimously disarmed such P2Ps by holding that it is unlawful to distribute programs that induce others to commit copyright infringement. Evolved technologies, such as dot-torrent, allow mass file exchanges between third-party users--an attempt to remove the P2P from the file-sharing equation. The court in Columbia Pictures Industries, Inc. v. Fung, however, imputed inducement from the search and index functionality of the P2P’s software, as well as the P2P’s encouraging behavior. The court in Arista Records LLC v. Lime Group LLC determined that LimeWire’s entire business model was founded on inducement. In both Fung and Lime Group, the P2P's intent was deduced from its outward acts. In Perfect 10, Inc. v. RapidShare , the court noted that RapidShare did not provide search and indexing capability and actively policed its servers when notified of infringement. This technological-behavioral standard of inducement suggests that P2Ps cannot avoid secondary liability under the guise of removing themselves as the “head” of the file-sharing process.

abstract   full article

Luke M. Rona
47 Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?

abstract   full article

Connor Moran
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
9 "I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters

abstract   full article

Mafé Rajul
6 Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers

abstract   full article

Kelcey Nichols
7 To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?

abstract   full article

Derek A. Bishop
6

Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?

abstract   full article

Cooper Offenbecher
125 Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com

abstract   full article

Jeffrey R. Doty
155 Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm

abstract   full article

Susuk Lim
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
13 Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?

abstract   full article

Jessica Belskis
9 Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws

abstract   full article

Shan Sivalingam
10 Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision

abstract   full article

Kelcey Nichols
209 Understanding and Authenticating Evidence from Social Networking Sites

abstract   full article

Heather L. Griffith
225 Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary

abstract   full article

Aurora J. Wilson
12

No Harm No Foul: Limits on Damages Awards for Individuals Subject to a Data Breach

abstract   full article

Derek A. Bishop
285 Gimme a Brekka!: Deciphering “Authorization” Under the CFAA and How Employers Can Protect Their Data

abstract   full article

Amber L. Leaders
473 When Is a Phone a Computer?

abstract   full article

J.C. Lundberg
487 Unchaining E-Discovery in the Patent Courts

abstract   full article

Daniel B. Garrie, Esq. and Yoav M. Griver, Esq.
3 E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs

abstract   full article

Mafé Rajul
1

Ethical Considerations for Blog-Related Discovery

abstract   full article

Jason Boulette and Tanya DeMent
15 Arbitration Nation: Wireless Services Providers and Class Action Waivers

abstract   full article

Alexander J. Casey
27 Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases

Peer-to-peer file-sharing service providers (P2Ps) allow Internet users to exchange electronic content, including music, movies, and other digital works. In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Supreme Court unanimously disarmed such P2Ps by holding that it is unlawful to distribute programs that induce others to commit copyright infringement. Evolved technologies, such as dot-torrent, allow mass file exchanges between third-party users--an attempt to remove the P2P from the file-sharing equation. The court in Columbia Pictures Industries, Inc. v. Fung, however, imputed inducement from the search and index functionality of the P2P’s software, as well as the P2P’s encouraging behavior. The court in Arista Records LLC v. Lime Group LLC determined that LimeWire’s entire business model was founded on inducement. In both Fung and Lime Group, the P2P's intent was deduced from its outward acts. In Perfect 10, Inc. v. RapidShare , the court noted that RapidShare did not provide search and indexing capability and actively policed its servers when notified of infringement. This technological-behavioral standard of inducement suggests that P2Ps cannot avoid secondary liability under the guise of removing themselves as the “head” of the file-sharing process.

abstract   full article

Luke M. Rona
47 Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?

abstract   full article

Connor Moran
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
9 "I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters

abstract   full article

Mafé Rajul
6 Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers

abstract   full article

Kelcey Nichols
7 To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?

abstract   full article

Derek A. Bishop
6

Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?

abstract   full article

Cooper Offenbecher
125 Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com

abstract   full article

Jeffrey R. Doty
155 Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm

abstract   full article

Susuk Lim
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
13 Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?

abstract   full article

Jessica Belskis
9 Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws

abstract   full article

Shan Sivalingam
10 Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision

abstract   full article

Kelcey Nichols
209 Understanding and Authenticating Evidence from Social Networking Sites

abstract   full article

Heather L. Griffith
225 Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary

abstract   full article

Aurora J. Wilson
12

No Harm No Foul: Limits on Damages Awards for Individuals Subject to a Data Breach

abstract   full article

Derek A. Bishop
285 Gimme a Brekka!: Deciphering “Authorization” Under the CFAA and How Employers Can Protect Their Data

abstract   full article

Amber L. Leaders
473 When Is a Phone a Computer?

abstract   full article

J.C. Lundberg
487 Unchaining E-Discovery in the Patent Courts

abstract   full article

Daniel B. Garrie, Esq. and Yoav M. Griver, Esq.
3 E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs

abstract   full article

Mafé Rajul
1

Ethical Considerations for Blog-Related Discovery

abstract   full article

Jason Boulette and Tanya DeMent
15 Arbitration Nation: Wireless Services Providers and Class Action Waivers

abstract   full article

Alexander J. Casey
27 Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases

Peer-to-peer file-sharing service providers (P2Ps) allow Internet users to exchange electronic content, including music, movies, and other digital works. In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Supreme Court unanimously disarmed such P2Ps by holding that it is unlawful to distribute programs that induce others to commit copyright infringement. Evolved technologies, such as dot-torrent, allow mass file exchanges between third-party users--an attempt to remove the P2P from the file-sharing equation. The court in Columbia Pictures Industries, Inc. v. Fung, however, imputed inducement from the search and index functionality of the P2P’s software, as well as the P2P’s encouraging behavior. The court in Arista Records LLC v. Lime Group LLC determined that LimeWire’s entire business model was founded on inducement. In both Fung and Lime Group, the P2P's intent was deduced from its outward acts. In Perfect 10, Inc. v. RapidShare , the court noted that RapidShare did not provide search and indexing capability and actively policed its servers when notified of infringement. This technological-behavioral standard of inducement suggests that P2Ps cannot avoid secondary liability under the guise of removing themselves as the “head” of the file-sharing process.

abstract   full article

Luke M. Rona
47 Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?

abstract   full article

Connor Moran
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
9 "I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters

abstract   full article

Mafé Rajul
6 Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers

abstract   full article

Kelcey Nichols
7 To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?

abstract   full article

Derek A. Bishop
6

Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?

abstract   full article

Cooper Offenbecher
125 Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com

abstract   full article

Jeffrey R. Doty
155 Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm

abstract   full article

Susuk Lim
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
13 Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?

abstract   full article

Jessica Belskis
9 Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws

abstract   full article

Shan Sivalingam
10 Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision

abstract   full article

Kelcey Nichols
209 Understanding and Authenticating Evidence from Social Networking Sites

abstract   full article

Heather L. Griffith
225 Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary

abstract   full article

Aurora J. Wilson
12

No Harm No Foul: Limits on Damages Awards for Individuals Subject to a Data Breach

abstract   full article

Derek A. Bishop
285 Gimme a Brekka!: Deciphering “Authorization” Under the CFAA and How Employers Can Protect Their Data

abstract   full article

Amber L. Leaders
473 When Is a Phone a Computer?

abstract   full article

J.C. Lundberg
487 Unchaining E-Discovery in the Patent Courts

abstract   full article

Daniel B. Garrie, Esq. and Yoav M. Griver, Esq.
20 Willful Infringement After Seagate: How the Willfulness Standard Has Changed and What Attorneys Should Know About It

abstract   full article

Kevin Raudebaugh
3 E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs

abstract   full article

Mafé Rajul
1

Ethical Considerations for Blog-Related Discovery

abstract   full article

Jason Boulette and Tanya DeMent
15 Arbitration Nation: Wireless Services Providers and Class Action Waivers

abstract   full article

Alexander J. Casey
27 Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases

Peer-to-peer file-sharing service providers (P2Ps) allow Internet users to exchange electronic content, including music, movies, and other digital works. In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Supreme Court unanimously disarmed such P2Ps by holding that it is unlawful to distribute programs that induce others to commit copyright infringement. Evolved technologies, such as dot-torrent, allow mass file exchanges between third-party users--an attempt to remove the P2P from the file-sharing equation. The court in Columbia Pictures Industries, Inc. v. Fung, however, imputed inducement from the search and index functionality of the P2P’s software, as well as the P2P’s encouraging behavior. The court in Arista Records LLC v. Lime Group LLC determined that LimeWire’s entire business model was founded on inducement. In both Fung and Lime Group, the P2P's intent was deduced from its outward acts. In Perfect 10, Inc. v. RapidShare , the court noted that RapidShare did not provide search and indexing capability and actively policed its servers when notified of infringement. This technological-behavioral standard of inducement suggests that P2Ps cannot avoid secondary liability under the guise of removing themselves as the “head” of the file-sharing process.

abstract   full article

Luke M. Rona
47 Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?

abstract   full article

Connor Moran
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
9 "I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters

abstract   full article

Mafé Rajul
6 Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers

abstract   full article

Kelcey Nichols
7 To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?

abstract   full article

Derek A. Bishop
6

Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?

abstract   full article

Cooper Offenbecher
125 Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com

abstract   full article

Jeffrey R. Doty
155 Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm

abstract   full article

Susuk Lim
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
13 Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?

abstract   full article

Jessica Belskis
9 Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws

abstract   full article

Shan Sivalingam
10 Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision

abstract   full article

Kelcey Nichols
209 Understanding and Authenticating Evidence from Social Networking Sites

abstract   full article

Heather L. Griffith
225 Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary

abstract   full article

Aurora J. Wilson
3 E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs

abstract   full article

Mafé Rajul
1

Ethical Considerations for Blog-Related Discovery

abstract   full article

Jason Boulette and Tanya DeMent
15 Arbitration Nation: Wireless Services Providers and Class Action Waivers

abstract   full article

Alexander J. Casey
27 Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases

Peer-to-peer file-sharing service providers (P2Ps) allow Internet users to exchange electronic content, including music, movies, and other digital works. In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Supreme Court unanimously disarmed such P2Ps by holding that it is unlawful to distribute programs that induce others to commit copyright infringement. Evolved technologies, such as dot-torrent, allow mass file exchanges between third-party users--an attempt to remove the P2P from the file-sharing equation. The court in Columbia Pictures Industries, Inc. v. Fung, however, imputed inducement from the search and index functionality of the P2P’s software, as well as the P2P’s encouraging behavior. The court in Arista Records LLC v. Lime Group LLC determined that LimeWire’s entire business model was founded on inducement. In both Fung and Lime Group, the P2P's intent was deduced from its outward acts. In Perfect 10, Inc. v. RapidShare , the court noted that RapidShare did not provide search and indexing capability and actively policed its servers when notified of infringement. This technological-behavioral standard of inducement suggests that P2Ps cannot avoid secondary liability under the guise of removing themselves as the “head” of the file-sharing process.

abstract   full article

Luke M. Rona
47 Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?

abstract   full article

Connor Moran
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
9 "I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters

abstract   full article

Mafé Rajul
6 Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers

abstract   full article

Kelcey Nichols
7 To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?

abstract   full article

Derek A. Bishop
6

Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?

abstract   full article

Cooper Offenbecher
125 Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com

abstract   full article

Jeffrey R. Doty
155 Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm

abstract   full article

Susuk Lim
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
13 Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?

abstract   full article

Jessica Belskis
9 Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws

abstract   full article

Shan Sivalingam
10 Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision

abstract   full article

Kelcey Nichols
209 Understanding and Authenticating Evidence from Social Networking Sites

abstract   full article

Heather L. Griffith
225 Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary

abstract   full article

Aurora J. Wilson
12

No Harm No Foul: Limits on Damages Awards for Individuals Subject to a Data Breach

abstract   full article

Derek A. Bishop
285 Gimme a Brekka!: Deciphering “Authorization” Under the CFAA and How Employers Can Protect Their Data

abstract   full article

Amber L. Leaders
473 When Is a Phone a Computer?

abstract   full article

J.C. Lundberg
487 Unchaining E-Discovery in the Patent Courts

abstract   full article

Daniel B. Garrie, Esq. and Yoav M. Griver, Esq.
3 E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs

abstract   full article

Mafé Rajul
1

Ethical Considerations for Blog-Related Discovery

abstract   full article

Jason Boulette and Tanya DeMent
15 Arbitration Nation: Wireless Services Providers and Class Action Waivers

abstract   full article

Alexander J. Casey
27 Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases

Peer-to-peer file-sharing service providers (P2Ps) allow Internet users to exchange electronic content, including music, movies, and other digital works. In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Supreme Court unanimously disarmed such P2Ps by holding that it is unlawful to distribute programs that induce others to commit copyright infringement. Evolved technologies, such as dot-torrent, allow mass file exchanges between third-party users--an attempt to remove the P2P from the file-sharing equation. The court in Columbia Pictures Industries, Inc. v. Fung, however, imputed inducement from the search and index functionality of the P2P’s software, as well as the P2P’s encouraging behavior. The court in Arista Records LLC v. Lime Group LLC determined that LimeWire’s entire business model was founded on inducement. In both Fung and Lime Group, the P2P's intent was deduced from its outward acts. In Perfect 10, Inc. v. RapidShare , the court noted that RapidShare did not provide search and indexing capability and actively policed its servers when notified of infringement. This technological-behavioral standard of inducement suggests that P2Ps cannot avoid secondary liability under the guise of removing themselves as the “head” of the file-sharing process.

abstract   full article

Luke M. Rona
47 Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?

abstract   full article

Connor Moran
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
9 "I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters

abstract   full article

Mafé Rajul
6 Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers

abstract   full article

Kelcey Nichols
7 To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?

abstract   full article

Derek A. Bishop
6

Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?

abstract   full article

Cooper Offenbecher
125 Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com

abstract   full article

Jeffrey R. Doty
155 Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm

abstract   full article

Susuk Lim
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
13 Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?

abstract   full article

Jessica Belskis
9 Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws

abstract   full article

Shan Sivalingam
10 Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision

abstract   full article

Kelcey Nichols
209 Understanding and Authenticating Evidence from Social Networking Sites

abstract   full article

Heather L. Griffith
225 Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary

abstract   full article

Aurora J. Wilson
12

No Harm No Foul: Limits on Damages Awards for Individuals Subject to a Data Breach

abstract   full article

Derek A. Bishop
285 Gimme a Brekka!: Deciphering “Authorization” Under the CFAA and How Employers Can Protect Their Data

abstract   full article

Amber L. Leaders
473 When Is a Phone a Computer?

abstract   full article

J.C. Lundberg
487 Unchaining E-Discovery in the Patent Courts

abstract   full article

Daniel B. Garrie, Esq. and Yoav M. Griver, Esq.
3 E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs

abstract   full article

Mafé Rajul
1

Ethical Considerations for Blog-Related Discovery

abstract   full article

Jason Boulette and Tanya DeMent
15 Arbitration Nation: Wireless Services Providers and Class Action Waivers

abstract   full article

Alexander J. Casey
27 Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases

Peer-to-peer file-sharing service providers (P2Ps) allow Internet users to exchange electronic content, including music, movies, and other digital works. In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Supreme Court unanimously disarmed such P2Ps by holding that it is unlawful to distribute programs that induce others to commit copyright infringement. Evolved technologies, such as dot-torrent, allow mass file exchanges between third-party users--an attempt to remove the P2P from the file-sharing equation. The court in Columbia Pictures Industries, Inc. v. Fung, however, imputed inducement from the search and index functionality of the P2P’s software, as well as the P2P’s encouraging behavior. The court in Arista Records LLC v. Lime Group LLC determined that LimeWire’s entire business model was founded on inducement. In both Fung and Lime Group, the P2P's intent was deduced from its outward acts. In Perfect 10, Inc. v. RapidShare , the court noted that RapidShare did not provide search and indexing capability and actively policed its servers when notified of infringement. This technological-behavioral standard of inducement suggests that P2Ps cannot avoid secondary liability under the guise of removing themselves as the “head” of the file-sharing process.

abstract   full article

Luke M. Rona
47 Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?

abstract   full article

Connor Moran
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
9 "I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters

abstract   full article

Mafé Rajul
6 Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers

abstract   full article

Kelcey Nichols
7 To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?

abstract   full article

Derek A. Bishop
6

Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?

abstract   full article

Cooper Offenbecher
125 Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com

abstract   full article

Jeffrey R. Doty
155 Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm

abstract   full article

Susuk Lim
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
13 Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?

abstract   full article

Jessica Belskis
9 Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws

abstract   full article

Shan Sivalingam
10 Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision

abstract   full article

Kelcey Nichols
209 Understanding and Authenticating Evidence from Social Networking Sites

abstract   full article

Heather L. Griffith
225 Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary

abstract   full article

Aurora J. Wilson
12

No Harm No Foul: Limits on Damages Awards for Individuals Subject to a Data Breach

abstract   full article

Derek A. Bishop
285 Gimme a Brekka!: Deciphering “Authorization” Under the CFAA and How Employers Can Protect Their Data

abstract   full article

Amber L. Leaders
473 When Is a Phone a Computer?

abstract   full article

J.C. Lundberg
487 Unchaining E-Discovery in the Patent Courts

abstract   full article

Daniel B. Garrie, Esq. and Yoav M. Griver, Esq.
3 E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs

abstract   full article

Mafé Rajul
1

Ethical Considerations for Blog-Related Discovery

abstract   full article

Jason Boulette and Tanya DeMent
15 Arbitration Nation: Wireless Services Providers and Class Action Waivers

abstract   full article

Alexander J. Casey
27 Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases

Peer-to-peer file-sharing service providers (P2Ps) allow Internet users to exchange electronic content, including music, movies, and other digital works. In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Supreme Court unanimously disarmed such P2Ps by holding that it is unlawful to distribute programs that induce others to commit copyright infringement. Evolved technologies, such as dot-torrent, allow mass file exchanges between third-party users--an attempt to remove the P2P from the file-sharing equation. The court in Columbia Pictures Industries, Inc. v. Fung, however, imputed inducement from the search and index functionality of the P2P’s software, as well as the P2P’s encouraging behavior. The court in Arista Records LLC v. Lime Group LLC determined that LimeWire’s entire business model was founded on inducement. In both Fung and Lime Group, the P2P's intent was deduced from its outward acts. In Perfect 10, Inc. v. RapidShare , the court noted that RapidShare did not provide search and indexing capability and actively policed its servers when notified of infringement. This technological-behavioral standard of inducement suggests that P2Ps cannot avoid secondary liability under the guise of removing themselves as the “head” of the file-sharing process.

abstract   full article

Luke M. Rona
47 Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?

abstract   full article

Connor Moran
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
9 "I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters

abstract   full article

Mafé Rajul
6 Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers

abstract   full article

Kelcey Nichols
7 To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?

abstract   full article

Derek A. Bishop
6

Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?

abstract   full article

Cooper Offenbecher
125 Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com

abstract   full article

Jeffrey R. Doty
155 Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm

abstract   full article

Susuk Lim
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
13 Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?

abstract   full article

Jessica Belskis
9 Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws

abstract   full article

Shan Sivalingam
10 Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision

abstract   full article

Kelcey Nichols
209 Understanding and Authenticating Evidence from Social Networking Sites

abstract   full article

Heather L. Griffith
225 Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary

abstract   full article

Aurora J. Wilson
12

No Harm No Foul: Limits on Damages Awards for Individuals Subject to a Data Breach

abstract   full article

Derek A. Bishop
285 Gimme a Brekka!: Deciphering “Authorization” Under the CFAA and How Employers Can Protect Their Data

abstract   full article

Amber L. Leaders
473 When Is a Phone a Computer?

abstract   full article

J.C. Lundberg
487 Unchaining E-Discovery in the Patent Courts

abstract   full article

Daniel B. Garrie, Esq. and Yoav M. Griver, Esq.
3 E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs

abstract   full article

Mafé Rajul
1

Ethical Considerations for Blog-Related Discovery

abstract   full article

Jason Boulette and Tanya DeMent
15 Arbitration Nation: Wireless Services Providers and Class Action Waivers

abstract   full article

Alexander J. Casey
27 Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases

Peer-to-peer file-sharing service providers (P2Ps) allow Internet users to exchange electronic content, including music, movies, and other digital works. In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Supreme Court unanimously disarmed such P2Ps by holding that it is unlawful to distribute programs that induce others to commit copyright infringement. Evolved technologies, such as dot-torrent, allow mass file exchanges between third-party users--an attempt to remove the P2P from the file-sharing equation. The court in Columbia Pictures Industries, Inc. v. Fung, however, imputed inducement from the search and index functionality of the P2P’s software, as well as the P2P’s encouraging behavior. The court in Arista Records LLC v. Lime Group LLC determined that LimeWire’s entire business model was founded on inducement. In both Fung and Lime Group, the P2P's intent was deduced from its outward acts. In Perfect 10, Inc. v. RapidShare , the court noted that RapidShare did not provide search and indexing capability and actively policed its servers when notified of infringement. This technological-behavioral standard of inducement suggests that P2Ps cannot avoid secondary liability under the guise of removing themselves as the “head” of the file-sharing process.

abstract   full article

Luke M. Rona
47 Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?

abstract   full article

Connor Moran
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson
9 "I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have to Ensure Clients Follow Court Orders in Litigation Matters

abstract   full article

Mafé Rajul
6 Hiding Evidence from the Boss: Attorney-Client Privilege and Company Computers

abstract   full article

Kelcey Nichols
7 To Serve and Protect: Do Businesses Have a Legal Duty to Protect Collections of Personal Information?

abstract   full article

Derek A. Bishop
6

Admitting Computer Record Evidence after In Re Vinhnee: A Stricter Standard for the Future?

abstract   full article

Cooper Offenbecher
125 Inducement or Solicitation? Competing Interpretations of the “Underlying Illegality” Test in the Wake of Roommates.com

abstract   full article

Jeffrey R. Doty
155 Death of the Spam Wrangler: CAN-SPAM Private Plaintiffs Required to Show Actual Harm

abstract   full article

Susuk Lim
121 Discovery of Breathalyzer Source Code in DUI Prosecutions

abstract   full article

Aurora J. Wilson
123 Googling Jurors to Conduct Voir Dire

abstract   full article

J.C. Lundberg
137 Get Outta My Face[book]: The Discoverability of Social Networking Data and the Passwords Needed to Access Them

abstract   full article

Mallory Allen & Aaron Orheim
69 Shaking Out the "Shakedowns": Pre-discovery Dismissal of Copyright Infringement Cases after Comparison of the Works at Issue

abstract   full article

Evan Brown
93 Trouble for Trolling: Courts Reject Copyright Trolling Tactics

abstract   full article

Megan R. Haslach
105 Criminal Defenses to Anti-Circumvention Charges for Modifying Video Game Consoles

abstract   full article

Peter Dang
13 Electronic Case Filing: Is Failure to Check Email Related to an Electronically Filed Case Malpractice?

abstract   full article

Jessica Belskis
9 Suing Based on Spyware? Admissibility of Evidence Obtained from Spyware in Violation of Federal and State Wiretap Laws

abstract   full article

Shan Sivalingam
10 Client Confidentiality, Professional Privilege and Online Communication: Potential Implications of the Barton Decision

abstract   full article

Kelcey Nichols
209 Understanding and Authenticating Evidence from Social Networking Sites

abstract   full article

Heather L. Griffith
225 Let's Be Cautious Friends: The Ethical Implications of Social Networking for Members of the Judiciary

abstract   full article

Aurora J. Wilson
12

No Harm No Foul: Limits on Damages Awards for Individuals Subject to a Data Breach

abstract   full article

Derek A. Bishop
285 Gimme a Brekka!: Deciphering “Authorization” Under the CFAA and How Employers Can Protect Their Data

abstract   full article

Amber L. Leaders
473 When Is a Phone a Computer?

abstract   full article

J.C. Lundberg
487 Unchaining E-Discovery in the Patent Courts

abstract   full article

Daniel B. Garrie, Esq. and Yoav M. Griver, Esq.
3 E-Discovery – Can the Producing Party Expect Cost-Shifting?: The New Trend and What Can Be Done to Reduce Production Costs

abstract   full article

Mafé Rajul
1

Ethical Considerations for Blog-Related Discovery

abstract   full article

Jason Boulette and Tanya DeMent
15 Arbitration Nation: Wireless Services Providers and Class Action Waivers

abstract   full article

Alexander J. Casey
27 Off With the Head? How Eliminating Search and Index Functionality Reduces Secondary Liability in Peer-To-Peer File-Sharing Cases

Peer-to-peer file-sharing service providers (P2Ps) allow Internet users to exchange electronic content, including music, movies, and other digital works. In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Supreme Court unanimously disarmed such P2Ps by holding that it is unlawful to distribute programs that induce others to commit copyright infringement. Evolved technologies, such as dot-torrent, allow mass file exchanges between third-party users--an attempt to remove the P2P from the file-sharing equation. The court in Columbia Pictures Industries, Inc. v. Fung, however, imputed inducement from the search and index functionality of the P2P’s software, as well as the P2P’s encouraging behavior. The court in Arista Records LLC v. Lime Group LLC determined that LimeWire’s entire business model was founded on inducement. In both Fung and Lime Group, the P2P's intent was deduced from its outward acts. In Perfect 10, Inc. v. RapidShare , the court noted that RapidShare did not provide search and indexing capability and actively policed its servers when notified of infringement. This technological-behavioral standard of inducement suggests that P2Ps cannot avoid secondary liability under the guise of removing themselves as the “head” of the file-sharing process.

abstract   full article

Luke M. Rona
47 Injunction Relief: Must Nonparty Websites Obey Court Orders to Remove User Content?

abstract   full article

Connor Moran
29 Facebook Firings and Twitter Terminations: The National Labor Relations Act as a Limit on Retaliatory Discharge

abstract   full article

Bryan Russell
19

Conformity in Confusion: Applying a Common Analysis to Wikipedia-Based Jury Misconduct

abstract   full article

Matthew Fredrickson

Last updated 12/31/1600