Ninth Circuit Panel Throttles FTC Enforcement

The Federal Trade Commission (FTC) recently filed a petition to appeal a Ninth Circuit decision that exempts telecom giant AT&T from enforcement action by the agency. The litigation dates back to October 2014, when divisions of the FTC’s Bureau of Consumer Protection brought an action against AT&T for its undisclosed speed throttling of “unlimited” data plan subscribers. AT&T landed a major blow in August 2016 when a Ninth Circuit panel determined that the FTC Act Continue Reading →

Damages in Patent Infringement Cases: Design vs. Utility

The drawn-out battle between Apple and Samsung isn’t over yet. The federal court of appeals affirmed that Samsung infringed on a number of Apple’s designs, including the arrangement of the rounded icons on the screen. Apple Inc. v. Samsung Elecs. Co., 786 F.3d 983, 1001 (Fed. Cir. 2015) But Samsung is still fighting the battle. Samsung is trying to argue that, because of basic causation principles, damages should be limited to profits attributable to the Continue Reading →

STLR Link Roundup – October 21, 2016

Widespread Website Outages Caused by a DDoS Attack Internet users, particularly on the East Coast, experienced problems accessing many of their favorite websites on the morning of October 21. A distributed denial of service (“DDos”) attack of unknown origin crippled the services of DNS provider Dyn. Commentators expressed concerns that the attacks were a troubling sign of things to come. At the time of this writing, the source of the attacks is unknown. Some experts Continue Reading →

If You’re Going to Delete All My Facebook Posts, Then You Might As Well Do It Right

Judicial benchslap stories are juicy legal fodder, and this story was no different. Recently, the legal community eagerly gossiped about a federal judge that lashed out against a well-known New York law firm. The offense? Judge Nicholas Garaufis of the Eastern District of New York was infuriated that the firm had sent a mere junior associate instead of a partner to a hearing on two cases that “implicate[] international terrorism and the murder of innocent people Continue Reading →

STLR Link Roundup – October 14, 2016

Video Game Gambling Faces Regulatory Scrutiny Last week, the Washington State Gambling Commission sent a letter to Bellevue, Washington-based Valve Corporation, the owner and operator of the Steam PC-gaming platform, demanding it provide evidence by Oct. 14 that it isn’t facilitating illegal gambling via online video gaming. Failure to comply could result in civil or criminal charges against Valve employees, according to the letter. In the case of Valve’s “Counter-Strike,” decorative “skins” are being wagered like Continue Reading →

Pidgey’s Law: How Augmented Reality Influences Legal Regulations

First, there were Angry Birds. Now, there is Pidgey’s Law. Put forward by Illinois State Rep. Kelly Cassidy, the Location-based Video Game Protection Act, otherwise known as Pidgey’s Law, seeks to fine developers of location-based video games for not removing virtual stops in the game at a property owner’s request. This bill was proposed in response to Pokémon GO’s Niantic Labs, who refused to remove a Pokéstop in Loyola Dunes, a state-protected park with endangered Continue Reading →

STLR Link Roundup – October 7, 2016

Online Gambling Lawsuit Dismissed in Ninth Circuit A federal judge dismissed a putative class action against defendant Valve for allegedly facilitating unlawful gambling through its multi-billion dollar online gaming platform. Valve powers gambling sites through which users bet on game outcomes using “trade bots” to trade “skins,” cosmetic items in the game-world that translate into real-world value. The court decided plaintiffs failed to meet the RICO standing requirement because gambling losses are insufficient injury. Critics believe plaintiffs will appeal. The Continue Reading →

Market Solutions to IP Law Confusion

The somewhat “unsettled” nature of certain aspects of intellectual property law is unsurprising. By definition, the discipline considers the new, the novel, the original, etc. Though the patent world seemed to struggle for a time when it came to computer-related inventions, it was no coincidence that the Copyright Act of 1976 explicitly anticipated “original works of authorship fixed in any tangible medium of expression, now known or later developed…”[1] In recent years, however, prolonged periods Continue Reading →

Broad Immunity Provided by Section 230 of the Communications Decency Act Should be Protected

From Wikipedia to Google, and Facebook to Yelp, many of the country’s biggest tech giants build their platforms on user-generated content, which can inject user subjectivity into the business space. Such content can be potentially defamatory in nature, but until recently, the legal landscape has been relatively consistent in preventing misappropriation of the blame on the platforms that share and promote user-generated information. In Stratton Oakmont, Inc. v. Prodigy Services Co., 23 Media L. Rep. Continue Reading →

Seeking Comments for Upcoming Issue

Earlier this month, the Metropolitan Museum of Art hosted the long-awaited Met Gala, titled  “Manus x Machina: Fashion in an Age of Technology.” As celebrities walked the red carpet in couture gowns turned wearable tech, this year’s theme reflected the expanding nexus of technology and the fashion industry. In a time when technology occupies an undeniable role in our lives as consumers, attorneys, and academics, Columbia Science and Technology Law Review is thrilled to publish Continue Reading →