Search : Cyberspace Law
Number of summaries found: 701
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| Court: | U.S. 3rd Circuit Court of Appeals |
| Topic: | Criminal Law & Procedure, Cyberspace Law, Sentencing |
| Title: | US v. Miller |
| Date: | 02/05/10 |
| Case Number: | 08-4278 |
| Summary: | In a prosecution of defendant for possession of child pornography and marijuana wherein he was sentenced to thirty months' imprisonment and a lifetime term of supervised release, the district court's imposition of eight special conditions of supervised release is vacated and remanded as a lifetime limitation on internet use is a greater restraint of liberty than is reasonably necessary and a restriction on his association with minors is overbroad. |
| Court: | U.S. 9th Circuit Court of Appeals |
| Topic: | Civil Procedure, Class Actions, Consumer Products, Contracts, Cyberspace Law, Dispute Resolution & Arbitration |
| Title: | Omstead v. Dell, Inc. |
| Date: | 02/05/10 |
| Case Number: | 08-16479 |
| Summary: | In a proposed class action alleging that Dell designed, manufactured, and sold defective notebook computers, dismissal of the action for failure to prosecute is reversed where: 1) plaintiffs did not cause any unreasonable delay in the progression of their case; and 2) a choice-of-law provision is unenforceable, and a class action waiver pursuant to which Dell obtained an order compelling arbitration was unconscionable under California law because it satisfied the Discover Bank test, and California had a materially greater interest than Texas in applying its own law. |
| Court: | U.S. Fed. Circuit Court of Appeals |
| Topic: | Civil Procedure, Cyberspace Law, Intellectual Property, Patent, Remedies, Sanctions |
| Title: | ResQNet.com, Inc. v. Lansa, Inc. |
| Date: | 02/05/10 |
| Case Number: | 08-1365 |
| Summary: | In a patent infringement action involving a technology relating to screen recognition and terminal emulation processes that download a screen of information from a remote mainframe computer onto a local personal computer, the decision of the district court is affirmed in part, reversed in part, vacated and remanded where: 1) district court's judgment that plaintiff's patent is valid and is infringed by defendant is affirmed; 2) district court's ruling that another of plaintiff's patents is not infringed is affirmed; 3) district court's imposition of sanctions under Rule 11 against plaintiff and its counsel is reversed; and 4) district court's award of damages of $506,305 for past infringement based on a hypothetical royalty of 12.5%, plus prejudgment interest is vacated and remanded for redetermination of damages. |
| Court: | U.S. 3rd Circuit Court of Appeals |
| Topic: | Civil Rights, Constitutional Law, Cyberspace Law, Education Law |
| Title: | Layshock v. Hermitage Sch. Dist. |
| Date: | 02/04/10 |
| Case Number: | 07-4465 |
| Summary: | In plaintiffs' 42 U.S.C. section 1983 action arising after defendant-school district punished their son for creating a fake internet "profile" of his high school principal on MySpace.com, district court's judgment is affirmed where: 1) district court correctly ruled that the school district's response to the student's expressive conduct violated the First Amendment guarantee of free expression as allowing the school to punish him for conduct he engaged in using his grandmother's computer while at his grandmother's house would create an unseemly and dangerous precedent; 2) the school cannot punish the student merely because his speech reached inside the school; and 3) district court correctly concluded that the parents have not shown how their liberty interest was infringed by the School District's violation of their son's First Amendment right of expression. |
| Court: | U.S. 3rd Circuit Court of Appeals |
| Topic: | Civil Rights, Constitutional Law, Cyberspace Law, Education Law |
| Title: | Snyder v. Blue Mountain Sch. Dist. |
| Date: | 02/04/10 |
| Case Number: | 08-4138 |
| Summary: | In plaintiffs' action against the school district for punishing their daughter for creating a internet profile of her high school principal on MySpace.com, district court's judgment in favor of the school district is affirmed where: 1) Tinker applies to student speech, whether on- or off-campus that causes or threatens to cause a substantial disruption of or material interference with school or invades the rights of other members of the school community, and here, because the student's internet profile featuring her principal alluded to his interest or engagement in sexually inappropriate behavior and illegal conduct, it threatened to substantially disrupt the Middle School regardless of whether the student's role in creating the profile was criminal or tortious; 2) school district did not violate the parents' Fourteenth Amendment rights to direct and control the upbringing of their child; 3) Pennsylvania permits school authorities to discipline students for conduct akin to this student's creation of the profile; and 4) the Middle School's policies under which the student was punished were not unconstitutionally vague or overbroad. |
| Court: | U.S. Supreme Court |
| Topic: | Commercial Law, Criminal Law & Procedure, Cyberspace Law, Government Law, Injury And Tort Law, Tax Law |
| Title: | Hemi Group, LLC v. City of N.Y. |
| Date: | 01/25/10 |
| Case Number: | 08–969 |
| Summary: | In an action by New York City against an online cigarette seller under the civil enforcement provision of RICO, alleging that defendant's failure to file Jenkins Act reports with New York State constituted mail and wire fraud, the court of appeals' judgment reversing the dismissal of the complaint is reversed where plaintiff failed to satisfy RICO's proximate cause requirement because defendant's obligation was to file Jenkins Act reports with the state, not the city, and the city's harm of lost tax revenue was directly caused by cigarette customers, not defendant. |
| Court: | U.S. 7th Circuit Court of Appeals |
| Topic: | Criminal Law & Procedure, Cyberspace Law, Evidence |
| Title: | US v. Mann |
| Date: | 01/20/10 |
| Case Number: | 08-3041 |
| Summary: | Conviction of defendant for possessing child pornography, supported by evidence found while executing a warrant to search defendant's computers and hard drives for the unrelated crime of voyeurism, is affirmed as, although an officer exceeded the scope of the warrant by opening certain files, those files are severable from the remaining files seized. |
| Court: | U.S. 2nd Circuit Court of Appeals |
| Topic: | Antitrust & Trade Regulation, Civil Procedure, Cyberspace Law, Entertainment Law |
| Title: | Starr v. Sony BMG Music Entm't |
| Date: | 01/13/10 |
| Case Number: | 08-5637 |
| Summary: | In an antitrust action alleging a conspiracy by major record labels to fix the prices and terms under which their music would be sold over the Internet, dismissal of the complaint is reversed where: 1) plaintiffs' allegations were not required to exclude independent self-interested conduct as an explanation for defendants' parallel behavior; and 2) plaintiffs were not required to mention a specific time, place or person involved in each conspiracy allegation. |
| Court: | U.S. D.C. Circuit Court of Appeals |
| Topic: | Administrative Law, Communications Law, Cyberspace Law |
| Title: | Core Communications, Inc. v. FCC |
| Date: | 01/13/10 |
| Case Number: | 08-1365 |
| Summary: | In a petition for review of an FCC order setting forth the basis of its authority to institute the rate cap system relating to dial-up internet connections, the petition is denied where: 1) given the overlap between the internet and local calling issues involved, 47 U.S.C. section 251(i)'s specific saving of the Commission's authority under section 201 against any negative implications from section 251 rendered the Commission's reading of the provisions at least reasonable; 2) given that ISP-bound traffic lay at the intersection of the section 201 and sections 251-252 regime, it had no significance for the FCC's section 201 jurisdiction over interstate communications that these telecommunications might be deemed to "terminate" at a local exchange carrier for purposes of section 251(b)(5). |
| Court: | California Appellate Districts |
| Topic: | Administrative Law, Civil Procedure, Cyberspace Law, Ethics & Professional Responsibility, Government Law, Tax Law |
| Title: | Priceline.com Inc. v. City of Anaheim |
| Date: | 01/05/10 |
| Case Number: | G041338 |
| Summary: | In plaintiff's petition for writ of mandamus seeking to compel the City of Anaheim to litigate tax assessment proceedings without the assistance of outside counsel retained pursuant to a contingency fee agreement, claiming that the fee arrangement violates a government lawyer's duty of neutrality, denial of the writ petition is affirmed as Clancy does not bar contingency fee lawyers from assisting government lawyers as co-counsel in ordinary civil litigation such as this, and the tax assessment proceeding is a civil administrative action that does not require the delicate weighing of values described in Clancy. |