August 12, 2003

Stop the DirecTV Dragnet!. In the past year or so, satellite TV giant DirecTV has sent ominous letters to an estimated 100,000 individuals, accusing them of purchasing "illegal signal theft equipment" and "pirate access devices" and threatening to haul them into court for stealing DirecTV. The letter tells the unlucky recipients that the prospect of a pricey legal battle will go away if they pay up, to the tune of $3,500 in most cases. Yet, in too many cases, the receipients of the letters have never intercepted DTV's signal. They merely possess smart card technology. Without proof of a violation of law, DTV's unsubstantiated threats to sue are an abuse of the legal system. But DirecTV hasn't stopped there. They have filed over 9,000 lawsuits against purchasers of smartcard technology, employing an army of lawyers to squeeze even more costly settlements out of individuals nationwide. Ask your Members of Congress to initiate an investigation into DirecTV's misuse of the law and blatant disregard for the public's right to use technology. [EFF: Action Center Alerts] 2:56:03 PM    comment []  trackback []

9th Cir: Tort of Conversion Applies to Domain Name Under California Law. In Kremen v. Online Classifieds, Inc. and Network Solutions, Inc. (9th Cir 2003) the Ninth Circuit Court of Appeals found that a domain name is intangible property to which the tort of conversion applies under California law, reversing the contrary... [Unintended Consequences] 10:53:31 AM    comment []  trackback []

Distrifringement. Have you ever worked at a company where unauthorized copies of third party subscription newsletters and alerts were made and distributed? I'm betting you have, and maybe still do. A Maryland district court recently considered such practices on cross motions for summary judgment, in Lowry's Reports, Inc. v. Legg Mason, Inc. (PDF). [Via ILN] The case involves a financial services firm's intra-company distribution of market analyses and news contained in the paid-subscription-only Lowry's Reports. One employee in Legg Mason's research department had a subscription to the reports, which then were disseminated through the firm by way of a "morning call" to all brokers, as well as via email and intranet. The short version of the court's lengthy analysis is that the email sends and intranet postings either did or could be found by a trier of fact to constitute copyright infringement, and that enhanced statutory damages for willful infringement remained a possibility at trial, despite Legg Mason's express company policies against unauthorized and unapproved distribution of third party works. Go have yourself a read, it's a nuanced decision with potentially broadly applicable reasoning and facts, and a detailed analysis of the fair use doctrine in the business context. Lowry's has more about the dispute on its Web site. [Bag and Baggage] 9:09:22 AM    comment []  trackback []

© Copyright 2005 Michael Girard.

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