Posts Tagged ‘tech through 2008’

Welcome Declan McCullagh readers

The widely read technology correspondent discusses the controversy arising from the revelation that Sony has been “injecting an undetectable copy-prevention utility into Microsoft Windows”. On the one hand, lawyers have already filed a class-action suit against Sony complaining of the practice; on the other hand, consumers who try to rid their computers of the anticopying program are at risk of violating “Section 1201 of the Digital Millennium Copyright Act, which bans the ‘circumvention’ of anticopying technology.” McCullagh goes on to observe:

If your head isn’t spinning by now, it should be. It’s a wacky result when both Sony and its hapless customers could be embroiled in legal hot water at the same time.

These citations to state laws, federal statutes and common law torts above should demonstrate an obvious point: The American legal system is, all too often, used as a weapon against businesses or individuals who can’t hope to comply with every regulation on the books. Entrepreneurs write checks to law firms instead of developing products. Guilt and innocence turn too often on technicalities rather than whether an action was inherently right or wrong.

Why? As Manhattan Institute fellow Walter Olson documents on Overlawyered.com, our legal system is set up to encourage lawsuits. They’re easy to file and difficult to dismiss. Plus, politicians receive attention by enacting new laws, not by repealing them. No wonder the Federal Register was growing by between 55,000 and 70,000 pages annually even by the first Bush presidency. …

(“Perspective: Why they say spyware is good for you”, CNet News, Nov. 7).

Microsoft fee squabble: judge has “better things to do”

Declaring that he had “better things to do”, U.S. District Judge Frederick Motz in Baltimore has dismissed for lack of jurisdiction an action by plaintiff’s lawyers seeking to grab more than $24 million from a $79 million fee pot awarded another group of lawyers for their work suing Microsoft in six states and the District of Columbia. The lawyers are still free to pursue their claims in state courts. (Brian Witte, “Federal judge dismisses request for legal fees in Microsoft case”, AP/Grand Forks Herald, Oct. 27). More on MS fee-ing frenzies: Jul. 25, 2004 and links from there.

Open season to hack trademark infringers?

Some years back attorneys Ronald Coleman, of Likelihood of Confusion fame, and Matthew W. Carlin, who has represented the interests of Barney, the children’s purple dinosaur, proposed that when other remedies fail intellectual property owners should request court permission to hack the websites of court-order-defying trademark infringers (“Hacker with a White Hat”, reprinted at Coleman Law Firm site). Declan McCullagh (Oct. 17) and Jonathan B. Wilson (Oct. 20) don’t think that’s such a great idea at all, nor do McCullagh’s commenters.

More: Ron Coleman responds to critics here and here.

BlackBerry crush?

“A court decision Friday renewed the possibility that service to BlackBerry wireless e-mail devices might be cut off for most users in the United States.” (Ian Austen, “Court Ruling in BlackBerry Case Puts Service to U.S. Users at Risk”, New York Times, Oct. 8). However, TigerHawk (Oct. 8) offers some reasons to think that might not happen. See May 2.

Patent law reform

Backers of the bill, intended to reduce litigation and move the U.S. closer to other advanced nations’ practices on intellectual property, were (as of last month, at least) hoping that it would emerge from a House subcommittee after Labor Day. (Peter Geier, “Bill in Congress to Overhaul Patent Law Seeks to Quell Suits”, National Law Journal, Aug. 19; Mark Scarsi, “Sweeping Changes to the U.S. Patent System? Don’t Bet on It!”, Law.com, Jul. 5). See Jun. 22, May 31, May 9 and other entries on our tech law page. And InHouseBlog (Aug. 15) notices a Slashdot thread on a company named EpicRealm that “apparently has patent filings with claims covering ‘dynamically generating a web page in response to the request.’ That basically describes the entire Web these days.”

More on orphan copyright

“This week, at the urging of prominent legal scholars, academic-library organizations, technology companies such as Google and Microsoft, and many other interested parties, the U.S. Copyright Office is holding a series of hearings to determine whether copyright law should change to allow for more liberal use of orphan works” — that is, works whose copyright holders cannot be tracked down with reasonable diligence. The Chronicle of Higher Education has a good roundup on an issue last seen in these columns Apr. 14. (Scott Carlson, “Whose Work Is It, Anyway?” Jul. 29)(via Arts & Letters Daily).

Suing the web’s archivist

The Internet Archive, home of the celebrated Wayback Machine which allows researchers to examine the state of the World Wide Web as it stood in the past, is being sued by a Pennsylvania company for archiving its pages without consent. After all, capturing someone’s web presence for posterity is kind of like taking a photograph of them and thereby stealing their soul, or something like that. (Tom Zeller Jr., “Keeper of Expired Web Pages Is Sued Because Archive Was Used in Another Suit”, New York Times, Jul. 13)(via Bashman).