Posts Tagged 'legal'

Let the auctions continue

A judge ruled in favor of eBay during a lawsuit launched by Tiffany’s. The jewelry maker charged that eBay knowingly advertised fakes as genuine Tiffany products harming their image. The judge ruled that Tiffany’s did not adequately prove their case. eBay did admit it knew some of the auctions listed were not genuine products but at the same time they simply provide the buyers and sellers a place make transactions and does not confirm authenticity. Other Internet companies are breathing a sigh of relief as this is viewed as a precedent providing some immunity from being sued for trademark infringement.

I find it hard to believe that many people have been fooled when buying some jewelry off of eBay at a fraction of the price AND assuming that it is indeed a genuine brand name product. If the deal is too good to be true, it probably is a fake. Also, if the seller is located in Asia, it is DEFINITELY a fake. Anyways, let the auctions continue! Let stolen products and fakes alike be sold to unsuspecting buyers on eBay!

Seagate in a legal pickle

I just found out about this but apparently it’s been going on for 9 years. The beef is between Seagate and Convolve over technology. The patent dispute goes back to 2000, noise reduction technology, and $800 million. Others dragged into the fray are Compaq, Dell, Hitachi, and Western Digital. An insider, Paul A. Galloway, ex Seagate employee claims to be an eye witness who worked on incorporating the technology to Seagate products. There’s also allegations of evidence tampering and if proven true could put Seagate in quite the pickle. The fact that it’s dragged on this long peaks my interest. If it was a minor issue why not just settle and pay the guy a fraction of the claim as hush money. Obviously $800 million is no small beans but it could be a landmark case that could impact hard drives going forward. Stay tuned.

London lawyers sue downloader for game

A London legal firm is demanding in excess of £600 from people who it claims are guilty of downloading a single game from a file-sharing service.

Legal firm Davenport Lyons sent the demand to one PC Pro reader, after claiming it had “forensic computer analysis” that shows he downloaded the game Two Worlds using BitTorrent. Davenport Lyons is acting on the behalf of German games distributor Zuxxez, which last year employed the firm to target file sharers.

The PC Pro reader was given no prior warning to stop file sharing, unlike the usual “three strikes and you’re out” approach adopted by the music industry, which gives users two warnings to stop sharing before legal proceedings are instigated.

The legal demand claims that “given the extent of the damage that file sharing is causing to our client’s business, our client is left with no option but to adopt a policy of enforcing its rights in an attempt to stem the wholesale misappropriation of its property.” (link)

IFPI sues Baidu over deep linking

Chinese search engine Baidu.com is not only the biggest search engine in China, but the third largest search engine globally. According to comScore metrics for December 2007, Baidu.com handled 3.4 billion queries that month to Microsoft’s 1.9 billion.

Part of Baidu’s popularity, at least according to the International Federation of the Phonographic Industry, stems from its disregard for intellectual property. The IFPI announced today that legal proceedings have been started against Baidu and a handful of other Chinese companies for their role in supporting privacy. The crime? Baidu provides links to file-sharing sites and, in many instances, direct links to pirated songs hosted on servers throughout the country. Separate legal action has been brought against web portal Sohu as well as Yahoo China, the latter of which is “refusing to comply” with a December ruling regarding such “deep linking.” (link)

Arrested? Cell phone searches are legal

Add cell phones to the list of searchable items during an arrest. First of all, why are you getting arrested to begin with? Plus, are you really dumb enough to store your criminal plans on your cell phone? “Appointment: 11pm buy drugs, 11:30pm drug chick at bar …” I mean, WTF? Have drug dealers joined the rest of us in the 2.0 world?

Excuse me while erase the porn off of my phone.

“Here’s a frightening but real proposition: if you are caught breaking certain traffic laws, not only do police have the right to search you—they can go through all your electronic data as well—your text messages, call histories, browsing history, downloaded emails and photos. In a recent academic paper, South Texas Assistant Professor Adam Gershowitz explains that because many traffic violations are arrestable offenses, just as a cop could search your pockets for drugs, said cop can also search your pockets for a smartphone and go through all its contents. The same is true for any standard arrest, and given the amount of data in current smartphones, it’s a scary proposition (even for law-abiding citizens like us).” (link)

Tsk, tsk, Comcast is gonna get it …

“The FCC is preparing to investigate accusations that cable provider Comcast is disrupting peer-to-peer file-sharing traffic on its network.” (link)

Finally some justice? Possibly, let’s not get ahead of ourselves. Lawyers have been known to work miracles with seemingly insurmountable odds. Let’s see: “managing traffic” (blocking torrents), “advising employees about speaking about p2p” (threatening them), maybe they end up weaseling out of it because a technicality, say the definition of “net neutrality”. Boo! I’ll keep it on the radar, maybe in a year the case will wind up. You know how slow legal issues get.


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