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The Supreme Court’s recent finding that warrantless cell phone searches are unconstitutional is already generating some pretty interesting arguments in ongoing cases. The government obviously wishes to mitigate the “damage” done by this decision by still doggedly pursuing data through warrantless methods.

In this particular case, the government is arguing that it has every right to access cell site location information (CSLI) without a warrant, claiming that the Riley decision solely pertains to the contents of cell phones. Obtaining CSLI without a warrant is still Constitutionally-dubious, however. One state court and a federal court have held that this information should only be obtained with a warrant. In the prior case, it was found that the state’s Constitution provided more protection than the US Constitution and in the latter, the finding was very narrowly tailoredto the case at hand, making it very difficult to apply to others cases, even under the same jurisdiction.

double red triangle arrows Continue reading “Cell Phones Need A Warrant, But Cell Site Location Info Doesn’t? Appellants Challenge Government’s Assertions”

In some comments at the US Africa Leaders Summit in DC yesterday, President Obama claimed that he’s absolutely against fast lanes and slow lanes on the internet — which is pretty interesting given that his own FCC appears to be poised to allow exactly that:

Net neutrality in the United States — one of the issues around net neutrality is whether you are creating different rates or charges for different content providers.

That’s the big controversy here….

double red triangle arrows Continue reading “President Obama Says He’s Against Fast Lanes On The Internet, But FCC Proposal Would Allow Them”

What is it with insane NY-related bureaucrats and their attempts to “own” things? In the past, we’ve covered how New York State is a pretty big trademark bully over the “I ♥ NY” phrase, and did you know that the Metropolitan Transit Authority (MTA) claims ownership over the phrase “If you see something, say something”? And, now, we find out that the controversy-ridden Port Authority of NY and NJ appears to be claiming ownership of the NYC skyline. No joke. It apparently sent a cease-and-desist letter to Fishs Eddy, a housewares store in Manhattan that is selling some city themed dishes.

double red triangle arrows Continue reading “NY Port Authority Claims To Own The NYC Skyline: Tells Store To Destroy Skyline-Themed Plates”


For years — since before he was NY State’s governor — we’ve raised questions about Andrew Cuomo’s activities. When he was Attorney General, he often used that position to grandstand around various issues that sounded good politically, but were real world disasters. He browbeat ISPs into policing the internet, when they had no legal obligation to, with bogus threats of lawsuits — even pushing them to install spyware to snoop on everyone’s traffic. He was among the leaders of the group of Attorneys General who wanted to blame high-profile internet companies for the way consumers used them, and he tried to broker a “3 strikes” system to kick file sharers offline. Since becoming governor, he’s been embroiled in a bunch of scandals, including having staffers use private email accounts to hide their work from Freedom of Information laws.

Now, however, things are heating up.

double red triangle arrows Continue reading “Andrew Cuomo Investigated For Corruption In Blocking Investigations Into Corruption”

You know, when it comes to publicity rights, that expansion of law that masturbates celebrity egos like no other, I can laugh it off when we hear from the likes of Lindsay LohanKatherine Heigl, and Dan Snyder. I mean, sure they’re famous and rich, but they still probably deserve that famous Hitchhiker’s Guide designation of “mostly harmless.” That their attacks on anyone who dares make even the barest reference to their holy visages typically fail usually serves as enough mental closure in my mind to keep the dogs from barking in my head at night.

Manuel Noriega, on the other hand, is an entirely different animal and his lawsuit against Activision over his portrayal in a Call of Duty game just makes me angry…

double red triangle arrows Continue reading “Manuel Noriega Sues Activision From Jail Over Call Of Duty Depiction”

Over the years we’ve written a few times about lawyers trying to sue Westlaw, LexisNexis and Thomson Reuters for aggregating public court legal filings, and then reselling them. As we’ve noted in the past, rulings by the court (or filings by the government) are in the public domain, but filings by lawyers representing other parties likely have some level of copyright protection over them. However, there is an exceptionally strong fair use claim to being able to make use of such public filings. Earlier lawsuits, such as ones we wrote about in 2009 and 2010 appeared to fizzle out, but the one we wrote about in 2012 actually went to a federal court in New York. A little over a year ago, we wrote about how the case was easily dismissed on summary judgment, with a promise to issue a full ruling at a later date.

double red triangle arrows Continue reading “Court Explains Fair Use To Lawyers Who Sued Westlaw & LexisNexis”

Lindsay Lohan

And we’re back with another episode of Lindsay Lohan Sues People For Stuff They Didn’t Do. It’s been a while, so you may not remember that Lohan, who has been quite lawsuit-happy in the past, was reportedly discussing filing a likeness-rights suit against the makers of Grand Theft Auto 5, claiming that a character in the game is based on her. That was in December of last year and apparently over six months of her lawyers explaining to her what parody is hasn’t taken, because reports are now coming out that she has indeed filed in a New York court:

double red triangle arrows Continue reading “Lindsay Lohan Moves Forward With Lawsuit Against GTA V”

We’ve seen this many times before, how patents can hold back very useful developments. Notice how 3D printing is suddenly a big thing? It’s not because of any new miraculous breakthroughs, but because some key patents finally started expiring, allowing real innovation to move forward. We saw something similar in the field of infrared grills, which were put on the… uh… back burner (sorry) until key patents expired. Derek now points us to a similar example.

double red triangle arrows Continue reading “How Patents Are Stopping Your Microwave From Being Awesome”

A mouse named Mickey that will in no way get us sued.

One of the “benefits” of being a notorious IP thug is that people are willing to do most of your work for you and head off any conceivable infringement before it even happens.

Yes, we’re talking about Disney.

A student theatrical troupe at Evergreen College just had all support from the school pulled, along with use of its facilities, for creating a musical that dared to take a few hummable swings at Disney’s body of work.

double red triangle arrows Continue reading “College Pulls Support For Students’ Parodic Musical Because It *Imagines* Disney Might Sue It”

For many years, we’ve had ongoing debates about whether or not it’s ethical or legal to use open WiFi connections. It’s one of those debates that never seem to stop. Unfortunately, in a ruling yesterday, the Third Circuit appeals court suggested that merely using an open WiFi network may be a criminal act. This is hugely problematic for a variety of reasons.

double red triangle arrows Continue reading “Appeals Court Says Using Open WiFi May Be A Crime”

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