Author Archives: Margaret Grazzini

Sony v. Hotz: Controversies Regarding DMCA, Jurisdiction, Search Warrant and Subpoenas

Factual Background When Sony released its PlayStation 3 (“PS3″) video game console, it included a feature that allowed customers to install a version of the Linux operating system so that the machine could be used as a general purpose computer. … Continue reading

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Four Rounds of ICE Domain Name Seizures and Related Controversies and Opposition

The Immigrations and Customs Enforcement (ICE), under the Department of Homeland Security, engaged in another round of domain name seizures Valentine’s Day, February 14, 2011. The 18 domain name seizure, “Operation Broken Hearted,” focused on counterfeit sites for selling counterfeit … Continue reading

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Costco Wholesale Corporation v. Omega, S.A.: Extraterritorial Applicability of the First Sale Doctrine

In the Ninth Circuit decision of Omega, S.A. v. Costco Wholesale Corp., the court ruled that the first sale doctrine does not apply to imported works manufactured abroad. Costco appealed, and oral arguments before the United States Supreme Court took … Continue reading

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U.S. v. Warshak: The Constitutionality of Search and Seizure of E-Mails

On December 14, 2010, the Sixth Circuit held that a search warrant is required before the government can engage in search and seizure of emails stored by an internet service provider (ISP). The government directed—without a warrant for probable cause—an ISP, … Continue reading

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Capitol Records v. Thomas-Rasset: Trial Three

Not only was the landmark peer-to-peer file-sharing trial involving Northern Minnesotan Jammie Thomas-Rasset the first of its kind to reach trial; Thomas-Rasset’s file-sharing litigation will likely come to its third trial on November 2, 2010. Thomas-Rasset downloaded 24 pop hits of the 1980s … Continue reading

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Georgia-Pacific Contributory Trademark Infringement Claim Fails in Eight Circuit

The Eight Circuit affirmed summary judgment for Myers Supply Inc. against Georgia-Pacific Consumer Products LP (“G-P”) on the issues of contributory trademark infringement and tortious interference with contract where Myers sold von Drehle (“VD”) paper towels for use in G-P machines … Continue reading

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