Lance Koonce

Lance Koonce

Davis Wright Tremaine LLP

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The Big Picture: Aereo Held to Violate Public Performance Right

In a 6-3 decision written by Justice Breyer, the Supreme Court today ruled that Aereo’s internet television service infringes broadcasters’ exclusive rights to publicly perform their works. Despite the potentially broad...more

6/26/2014 - ABC ABC v Aereo Aereo Broadcasting Cable Television Providers Copyright Copyright Infringement Public Performance Rights SCOTUS The Copyright Act

How Much Of The Virtual World Does Google Already Own?

For many of us, the term virtual reality conjures images from popular culture, such as the gleaming techno-world in the Tron films or the hyper-realistic environment in The Matrix and its sequels. Or it may make us think of...more

5/28/2014 - Google Internet Virtual Goods

What’s in a Structure? Google Loses Bid to Have Java Interfaces Deemed Unprotectable, as Federal Circuit Reaffirms Copyright...

The intersection of copyright and patent law is of great interest to anyone who seeks to develop or use creative works that are also functional, in particular developers of software, which by its very nature is functional. In...more

5/19/2014 - Copyright Copyright Infringement Google Java Oracle Oracle v Google Patent Infringement Patent Litigation Patents

Should Have Stayed on The Farm(ville): Class Action Plaintiffs' ECPA Claims Put Out to Pasture

Ah, to be a class action plaintiff these days. One day you’re up, plowing through the Northern District of California on expansive theories of injury, the next you’re down, upended like a top-heavy apple cart by a failure to...more

5/16/2014 - Class Action Data Protection ECPA Facebook Farms Privacy Policy Zynga

Part III: Has Congress Spoken and Does It Really Matter? The Wyndham Worldwide Case and the Expanding Power of the FTC to Police...

In the first and second parts of this series, we provided a summary of the District Court of New Jersey’s recent decision in FTC v. Wyndham Worldwide Corp. and then focused on whether the FTC has given “fair notice” to...more

4/18/2014 - Data Protection FTC Jurisdiction Wyndham

Part II: Fair Notice or No Notice? The Wyndham Worldwide Case and the Expanding Power of the FTC to Police Data Security

In our first blog in this series, we provided a summary of the District Court of New Jersey’s recent decision in FTC v. Wyndham Worldwide Corp., in which Judge Salas confirmed the FTC’s authority to bring enforcement actions...more

4/14/2014 - Data Protection FDA FTC Jurisdiction Wyndham

Part I: The Elephant Emerges From the Mousehole: The Wyndham Worldwide Case and the Expanding Power of the FTC to Police Data...

In support of its motion to dismiss the FTC’s complaint alleging data security deficiencies in violation of Section 5 of the FTC Act, Wyndham Worldwide Corporation cited the Supreme Court’s opinion in Whitman v. American...more

4/10/2014 - Corporate Counsel Cybersecurity Data Protection FTC Trucking Industry Wyndham

Social Networking for Jerks: FTC Goes After Site for Scraping Facebook Content

In the 1979 Carl Reiner film The Jerk, a new phonebook is delivered and Steve Martin, playing the title character, rejoices that “I'm somebody now! Millions of people look at this book every day! This is the kind of...more

4/8/2014 - Data Mining Facebook FTC Lanham Act Social Networks Unfair or Deceptive Trade Practices Wyndham

SCOTUS Clears District Court Jam Over Test for Standing in False Advertising Cases

Printing has not been this interesting since Dwight Schrute and Jim Halpert bickered over paper sales and Michael Scott told off-color jokes in “The Office.” Last week, the U.S. Supreme Court stepped into the laser...more

4/7/2014 - Advertising AT&T False Advertising Lanham Act Lexmark Manufacturers SCOTUS Standing

The Curious Case of Sherlock Holmes’ Copyright

When last we saw Benedict Cumberbatch as Sherlock Holmes, in the second season of the BBC series “Sherlock” in 2012, Holmes had apparently died in a fall from a hospital roof in an episode entitled “The Reichenbach Fall.” The...more

1/3/2014 - CDEL Copyright Copyright Infringement

The Twelve Days of Surveillance

It seems like a new revelation about mass surveillance by the U.S. government and our allies occurs on an almost daily basis, each one more astounding than the last. Don’t be surprised if those jingling bells you hear on your...more

12/23/2013 - Address Book Cell Phones Edward Snowden Free Speech Google Metadata National Security NSA Patriot Act Pornography Surveillance

It's Not Just the NSA: Your Keyboard Knows Who You Are, Too

In 1891, Arthur Conan-Doyle wrote a Sherlock Holmes short story entitled “A Case of Identity”. In it, he solves a mystery in part by determining that several different letters were all typed on the same typewriter: "It...more

11/25/2013 - Metadata NSA Surveillance

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