Yes, the court should rule in favor of Morel as he has a strong case for copyright infringement against AFP. While, yes, Twitpic’s terms of service read, in part, “By [uploading content], you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy reproduce, process, adapt, modify, publish, transmit, display… Read more »
Entries by eliggin
Post 15: The Line Jump Problem
The court may likely rule for summary judgment in favor of National Airlines on its breach of contract but not on its trespass of chattel and violation of the Computer Fraud and Abuse Act claims. Regarding the breach of contract claim, National’s website clearly states that by using the website, one is accepting the Terms… Read more »
Post 15: Wireless Router Problem
Due to the sheer magnitude of problems caused by the “bugs,” FixPoint is incredibly vulnerable to legal liability against the University of Helsinki. Intel v. Hamidi holds electronic trespass of chattels occurs only when there has been “some actual or threatened interference with the computers’ functioning with the possession.” 30 Cal. 4th 1342, 1 Cal. Rptr…. Read more »
The Smurfberry Problem
This is why you have to watch your kids carefully. This problem hit me close to home for me. My mother actually had a similar thing happen with my sister due to her obsession with the hit comedy shows, Malcolm in the Middle and Young Sheldon. In the span of two months, my sister has successfully bought every… Read more »
#MayThe4th
While arguments could be made for both sides, I believe that using the hashtag “MayThe4th” might be sufficient enough to bind a Twitter user to Disney’s Terms of Services only if one can prove that the user was aware of the tweet made by Disney or saw it themselves before using the hashtag. Meyer v. Uber… Read more »
Junkt Micronics
On the technical side, the first step we may want to consider is whether we have the ability to track down the IP addresses associated with “Ian” and the “eatmyjukt” email address. Unless it is encrypted (which will then require additional steps), you can learn just about anything about a particular person by their IP… Read more »
The Zipper Problem
The key to “playing the game” when it comes to policies you disagree with isn’t to say “the representative/senator is wrong” or “the bill is a terrible idea” but to simply “voice your concerns” when it comes to the proposed bill. This was a lesson I learned very early on during my time as a… Read more »
Computer Search Pragmatics
Generally, a warrant is required for law enforcement to conduct a search of a computer or any other electronic device. The Fourth Amendment requires that the warrant (1) establishes probable cause, (2) through Oath or affirmation, (3) particularly describes what is being searched, and (4) particularity describes what is to be seized. Additionally, a warrant… Read more »
2 Fast 2 Warrantless
Ah, how I love the Fourth Amendment, and reading this chapter threw me right back to Criminal Procedure: Investigation. And, if there is anything I remember from that course, it’s the fact that, usually, police cannot search the contents of someone’s digital device (i.e., a phone, tablet, etc.) without a warrant. However, the rules that dictate… Read more »
Section 230
Section 230 protects online platforms from being held responsible for any illegal/ harmful information posted by their users. Thus, seemingly barring Cohen’s suit against Brightside. However, 18 U.S.C. 2339 makes it illegal to knowingly provide material support/resources to terrorist organizations. They don’t need to intend to support the organization’s activities; one must simply know that… Read more »