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November 22nd, 2015
By: Jaideep Reddy On September 14, 2015, the Ninth Circuit in Lenz v. Universal Music laid down the legal standard that copyright holders must meet before issuing takedown notices. Given the scale of online video generation and consumption, this is significant for content generators and copyright holders. Frivolous takedown notices ...
March 20th, 2013
U.S. v. Cotterman: Ninth Circuit Holds Reasonable Suspicion Required for Forensic Laptop Search at the Border
The Fourth Amendment generally requires that government searches must be reasonable, which typically can be satisfied via a warrant. Searches at the border, however, traditionally occupy a special status in connection with U.S. Fourth Amendment law. Recognizing that “the government’s interest in preventing the entry of unwanted persons and effects is at ...
September 27th, 2010
Ninth Circuit relaxes electronic search procedures in United States v. Comprehensive Drug Testing rehearing
In a revised en banc opinion (PDF), the Ninth Circuit overturned guidelines promulgated last year involving seizure of computer records from a company allegedly providing steroids to professional baseball players. The en banc opinion relaxes the previously issued federal procedures governing issuance and execution of search warrants and subpoenas for ...
September 12th, 2010
On Friday, the Ninth Circuit clarified its test for determining whether a software purchaser is a licensee or an owner of the purchased copy in Vernor v. Autodesk, Inc. The result affirms the ability of software publishers to restrain licensees’ ability to sell, rent, or otherwise transfer their copies, but ...