Ownership of a valid license to use a copyrighted work is generally a defense to copyright infringement. The Terms and Use grants Twitpic to sublicense his publicly posted content. This is seen in the McGucken v. Newsweek LLC case. In that case, the court held that the plaintiff was not entitled to summary judgement on… Read more »
Entries by jihensch
Blog Post 15
First off, blue font with the terms and service agreement is hard to argue that it is conspicuous. Secondly, the National homepage having in small black font is not exactly conspicuous either. The users aren’t in a clickwrap or browsewrap agreement with National’s terms and agreements as users aren’t clicking “I agree” or “I accept”… Read more »
Blog Post 14
When the router receives a message, it examines the IP address on the message. Each router has its own routing table. The large database being intruded with is a big problem for FixPoint corporation. This is because the router shouldn’t be overloaded with incoming traffic. The bug is causing it to be programed wrongly. The… Read more »
Blog Post 13
Smurfberry Problem: I do not believe Lois’ and Stewart’s lawsuit can stand or be successful for Apple. I think the terms of service and privacy policy would be hard to show that Apple’s text wasn’t conspicuous. This is because she specifically had to click “I agree” which is a clickwrap. While many people just click… Read more »
Blog Post 12
This seems as though it is a Terms of Service agreement where they expect users on twitter who use the hashtag to acknowledge and agree to their terms. This doesn’t seem as though it could be a binding agreement or contract between twitter users and Disney Plus. It is not a click-wrap agreement as there… Read more »
Blog 11
Consumer’s have a right to privacy as consumers and users on the internet. This is why it might be difficult to track down the person without a court order which would mean the FBI need to be contacted. The FBI would have to put exactly what they are trying to find for the warrant that… Read more »
Blog 10: The Zipper Problem
I think that as someone who believes in keeping the Internet safe, open, and free, I feel pretty mixed emotions. This is because the Zipper could be pretty useful to keep the Internet safe and open. However, I think there would be problems with the free aspect as this seems to be something that is… Read more »
Post 8
The police cannot search through the psychiatric papers as it is confidential between the doctor and patient. The police did not get authority from anyone in order to read the classified information. HIs emails are probably open for fair grab from the police as they are not classified information like attorney client privilege or doctor… Read more »
Blog Post 7
I believe the car needs to have a warrant in order to obtain the information to the cable inserted in the car. In order to put the cable in the car, there needs to be probable cause to put the cable in someone’s car. There would have to be reasonable suspicion that the police would… Read more »
Blog Post 6
I think that Section 230 would not bar Mandy Cohen’s suit. Section 230 has changed numerous times with the internet to protect people from bad acts occurring on the internet. For example, it changed with the 2018 passage of the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) of 2017. This declared… Read more »