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Kevin Fayle

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Web designer sues Brat City for assaulting hyperlink

Last year, Jennifer Reisinger, a Web developer from Sheboygan, Wisconsin, received a letter from the city. It demanded that she cease and desist the publication of a hyperlink on her web site pointing to the home page for the Sheboygan Police Department. Reisinger used the website in question - Brat City Web Design, so named …
Kevin Fayle, 11 Sep 2008
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Sovereign immunity blocks DMCA suit against Air Force

Federal software contractors take note: A federal appeals court in the US recently ruled that a software owner couldn't sue the government for copyright infringement and anti-circumvention violations after the US Air Force refused to pay for a software license and cracked controls built into the software to control unauthorized …
Kevin Fayle, 30 Jul 2008
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Court cheers warrantless snooping of e-mail

Your e-mail is at risk again thanks to a recent ruling that backs no-notice, warrantless digs through e-mail accounts held by service providers. A US appeals court issued a ruling (PDF) on Friday that overturned a previous decision by one of its panels preventing government searches of private email accounts without prior …
Kevin Fayle, 15 Jul 2008
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Info on missing White House emails to remain missing

A federal district court judge in Washington D.C. just dealt a setback to an organization looking for answers about missing White House emails. Judge Colleen Kollar-Kotelly dismissed the Freedom of Information Act (FOIA) lawsuit by Citizens for Responsibility and Ethics in Washington (CREW) after determining that the target of …
Kevin Fayle, 16 Jun 2008
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Interstate web host foils gonzo porn baron Max Hardcore

A federal jury in Tampa, Florida convicted a pioneer of gross-out "gonzo" porn last week on obscenity charges stemming from the delivery of his movies over the Internet, despite the fact that he lives and works entirely in California. Paul Little creates porn in Altadena under the names of "Max Hardcore" and "Max Steiner." …
Kevin Fayle, 11 Jun 2008
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US court waves through border laptop searches

Contrary to what some of you may believe, one cannot live in a laptop, according to the Court of Appeals for the Ninth Circuit in the US. In a recent ruling, a three-judge panel of that court determined that border agents could examine the contents of a laptop without reasonable suspicion of wrongdoing. As part of that …
Kevin Fayle, 22 Apr 2008
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US court protects Craigslist from housing suit

Chalk up another win for websites hosting user-generated content, but be sure to add an asterisk. The Court of Appeals for the Seventh Circuit agreed with last week that Section 230 of the Communications Decency Act protected it from a lawsuit over discriminatory housing postings appearing on the site, but in …
Kevin Fayle, 18 Mar 2008
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First GPL lawsuit in US settles out of court

After a false alarm last month, the first lawsuit to test the GPL in the US has actually settled. The Software Freedom Law Center (SFLC) announced yesterday that it has reached an agreement with Monsoon Multimedia to end the SFLC's copyright infringement suit against the company. The lawsuit accused Monsoon of violating GPL …
Kevin Fayle, 31 Oct 2007
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Appeals court rubber stamps FCC's DSL (de)regulation

Living in America? If you get your access to the internet through an independent ISP over DSL, your service might become more expensive soon. Or slow. Or disappear entirely. The Court of Appeals for the Third Circuit issued a ruling last week that approved the FCC's new order eliminating the requirement that large phone …
Kevin Fayle, 24 Oct 2007
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Ruling allows US tech firms to dodge an immigration bullet

Technology firms in the US just won a last-minute reprieve from a fusillade of new, and potentially devastating, immigration rules. But the government is almost certain to reload and try again in a higher court. Judge Charles Breyer of the Northern District of California granted a preliminary injunction on Wednesday that put …
Kevin Fayle, 12 Oct 2007

Blueberry heir loses libel suit against drunken lothario

Let this be a lesson to you all: if you sell tickets to a New Year's Eve party boasting an open bar, make sure that the booze doesn't run out at 10:30. Fail in that, and people will trash you on the internet, and there won't be a damn thing you can do about it, even if you sue the operator of the offending website for …
Kevin Fayle, 27 Sep 2007
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Porn-star cop's job not saved by First Amendment

At least he's got a fun career as an internet porn star to fall back on. In a decision handed down last week, the US Court of Appeals for the Ninth Circuit determined that an Arizona police department did not violate one of its officer's civil rights when it fired him after discovering that he ran and participated in a porn …
Kevin Fayle, 12 Sep 2007
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Political blogs escape federal scrutiny

The US presidential race has, maddeningly, already been moving along at full throttle for months, and political bloggers look poised to play an important role in the selection of the new commander in chief. Now, thanks to two decisions handed down last week by the Federal Election Commission, spewing partisan nonsense in …
Kevin Fayle, 12 Sep 2007
The Register breaking news gets off on user's underage romp

Age is just a number, right? It is for hookup websites, according to a judge from the United States District Court for the Northern District of Ohio. is a website that encourages its users to arrange sexual encounters using its services. Members create profiles that are populated by information provided in a …
Kevin Fayle, 29 Aug 2007

Model train software spat threatens future of open source

Analysis A dispute over some open source software used for model railroads resulted in an important decision last week, involving the scope of open source licenses and the remedies available when they are violated. The decision has triggered alarm in the open source community, with a prominent open source licensing advocate charging …
Kevin Fayle, 24 Aug 2007
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AT&T's race car logo lawsuit crashes and burns

A federal appellate panel in the US brought AT&T's fight to display its logo on a race car to a screeching halt last week, ruling that the telecomm giant did not have standing to challenge a NASCAR decision refusing to allow the company to place the logo on the car. The dispute arose after NASCAR, the sanctioning body of US …
Kevin Fayle, 15 Aug 2007
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US law firm cleared of robots.txt DMCA hacking charge

Analysis Sometimes plaintiffs just don't know when to quit. After losing a trademark infringement suit against a competitor, Healthcare Advocates - a patient advocacy organization based out of Philadelphia - sued the intellectual property law firm that represented the defendant in the trademark action, alleging that the firm had "hacked …
Kevin Fayle, 26 Jul 2007
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US judge pushes infringing YouTube clip in decision

In a ruling on a trademark dispute, Judge Terence T. Evans of the 7th Circuit Court of Appeals this week digressed from the normal pattern of appellate opinions to tell a story. It was a story about baseball. By the time it was over, Judge Evans had encouraged thousands of readers to infringe on Major League Baseball's broadcast …
Kevin Fayle, 13 Jul 2007
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Student's suspension for IM buddy icon upheld by US court

Student speech in the US continues to take a beating. The Supreme Court, in the infamous "Bong Hits 4 Jesus" case decided last month, signaled to the federal judiciary that it was open season on student speech. Indeed, Justice Clarence Thomas, in a concurring opinion, argued that students should have no free speech rights …
Kevin Fayle, 12 Jul 2007
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US court spanks porn company over credit card copyright suit

Perfect10 is at it again. The litigious porn purveyors have drawn yet another copyright decision out of the 9th Circuit Court of Appeals, this time concerning the liability of payment processors who provide services to infringing websites. After two recent, high-profile decisions that had mixed results for the dedicated …
Kevin Fayle, 9 Jul 2007
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Proto- YouTube copyright suit lives on to darken another Google day

You win some, you lose some - and sometimes simultaneously. YouTube suffered a setback last week when a judge refused to grant it pre-trial judgment in the first copyright lawsuit directed against the video-sharing site, but it dodged a bullet when the judge also declined to grant the plaintiff's similar motion seeking to …
Kevin Fayle, 27 Jun 2007
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Defamation lawsuit seeks to unmask anonymous cowards

They should've known better than to flame law students. Two female law students at Yale University have filed a lawsuit in a federal district court in Connecticut against an operator and several anonymous users of - "the most prestigious college discussion board in the world," according to its own billing. The …
Kevin Fayle, 24 Jun 2007
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YouTube - uTube showdown stays alive in federal court

Silicon Justice What's in a name, right? For the Universal Tube & Rollform Equipment Corporation, operator of, its domain name means cash - and with a federal court's recent refusal to dismiss the company's suit against YouTube, the possibility of even more cash in the future. The company has operated as a means to sell …
Kevin Fayle, 12 Jun 2007
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US lawyer ranking site raises attorney's hackles

Avvo, the brand-new lawyer-ranking upstart run by some top US legal professionals and scholars, has only had its shingle hanging for a few days, and already faces a possible lawsuit over its core ranking practices. John Henry Browne, a Seattle-based criminal law attorney, has told Avvo in a letter that he has retained counsel …
Kevin Fayle, 12 Jun 2007
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US appeals court smacks down FCC obscenity rule

Fans of open-mic celebrity blunders rejoice! The 2nd Circuit Court of Appeals has just ruled that the Federal Communication Commission's recent shift in its standards for obscenities uttered during a broadcast violated administrative rulemaking requirements. After declaring the new standards null and void, the court vacated …
Kevin Fayle, 6 Jun 2007

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