Lane Powell PC - Intellectual Property Law Blog

The Two Faces of Hacking: Data Scientists are Doing Bad to Do Good.

American and Canadian data scientists, librarians, hackers and activists have united in a “rogue” movement to locate and archive climate data maintained by U.S. agencies. Environmental scholars and librarians at the University…more
| Energy & Utilities, Environmental Law, Science, Computers, & Technology

The State of Domain Names

The World Intellectual Property Office (WIPO) has released its 2016 Uniform Dispute Resolution Proceedings (UDRP) statistics. The overall number of new cases increased by 10 percent over the previous year. WIPO indicates that…more
| Intellectual Property, Science, Computers, & Technology

Copyright and Compliance for All: 10 Business Resolutions to Increase Copyright Success and Security in 2017

Does your business run and maintain a website? Does it create or license website or other content? Does it run and implement software? If you’ve answered yes to these questions, but haven’t yet considered the importance of…more
| Business Organizations, Intellectual Property

IP Alert: New Ruling Regarding DMCA Safe Harbor Protections

In Brief: The recent Second Circuit decision in EMI Christian Music, Inc. v. MP3tunes, LLC builds on BMG Rights Management et al v. Cox Communications, further emphasizing that courts expect online service providers and website…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Gates Foundation Adopts Progressive Open Access Policy

Open Access is one of the publishing models that arose with the ease of internet distribution. Before the internet, publishing was governed largely by a scarcity or “closed” model of distribution. Since the internet, the…more
| Intellectual Property

Unicorns are Real, Indecision May Possibly Be Your Best Option at Some Point and Yes, Virginia, You Can Trust Big Brother

Washington State Begins Beta Testing Its Pioneering Privacy Modeling App - Seattle — and by extension, Washington — has a purist attitude in its fusion of technology and life. All other states offer their employees manuals,…more
| Communications & Media Law, Consumer Protection, Labor & Employment Law, Privacy

Jaguar Land Rover Ltd Puts the Brakes on the Trivett Family Trust

In a World Intellectual Property Office (WIPO) domain name decision, WIPO has ordered the cancellation of 175 domain names that include the famous Range Rover, Land Rover and Jaguar trademarks. The domains were registered in the…more
| International Law & Trade

Answering the Question: ‘Can third parties challenge a copyright Work Made for Hire ownership assertion?’

A recent case out of the Second Circuit says “Yes. Third parties have standing to assert the defense that a copyright owner’s claim of ownership is erroneously based on Work Made for Hire (WMFH).”…more
| Civil Procedure, Intellectual Property

Small Companies and Those Not Certified Under the Safe Harbor Face Hidden Costs in the EU/US Privacy Shield Certification Process

The Privacy Shield in a nutshell. The Privacy Shield permits U.S. businesses to process and control the personal data of individuals, aka data subjects, located in the European Union (EU). Without the Privacy Shield,…more
| Commercial Law & Contracts, Consumer Protection, Privacy, International Law & Trade, Securities Law

In re Nickelodeon Consumer Privacy Litigation: An IP Address is Not Always Personally Identifiable Information

What’s the Case About? In re Nickelodeon Consumer Privacy Litigation is a multi-district consolidated class action filed on behalf of children under the age of thirteen alleging that Viacom used child directed websites it owned…more
| Business Torts, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Reputation Matters: Don’t Lose Opportunities Due to Inaccurate Personal Data

Consumers may be injured by inaccurate data that they cannot review or correct. There’s a hole in the bucket, dear Congress. The children’s song, “There’s a Hole in the Bucket,” exemplifies the conundrum many consumers…more
| Labor & Employment Law, Finance & Banking, Consumer Protection, Privacy, Science, Computers, & Technology

Safe or Good? We All Have Choices to Make

I planned to write about the inspired, better-than-sliced-bread security option of using fingerprint authentication to protect our mobile devices. That imploded. In 2014, and earlier this year, courts in Virginia and California,…more
| Constitutional Law, Criminal Law, Privacy, Science, Computers, & Technology

An Addendum to the Scariest Hack So Far

Andy Johnson-Laird, President of Johnson-Laird, Inc., was kind enough to offer advice on three security techniques he recommends to detect and deny hackers, such as those we discussed in last week’s blog post…more
| Criminal Law, Privacy, Science, Computers, & Technology

The Scariest Hack So Far

Hackers have upped the ante. Data controllers wax fondly about the good old days when data was outright stolen. Back then, in 2013, there was a sense of fair play. Trolls did troll things. Assuming the victim implemented and…more
| Commercial Law & Contracts, Criminal Law, Privacy, Intellectual Property, Science, Computers, & Technology

Expectations of Privacy: Location Matters

Sometimes law enforcement needs a warrant to access cellphone data, sometimes a court order. Sometimes nothing is required. Roaming while you roam. Depending on where you use your cell phone, law enforcement may obtain…more
| Criminal Law, Privacy, Science, Computers, & Technology
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