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The IPKat

The IPKat

notes by zephoria - Open Access Journals Digging for Truth ZONE Never Make a Promise You Can't Keep- Especially in Your Privacy Policy : Privacy Law Blog Expect the unexpected from your Web site privacy policy. In a handful of cases, including two which were recently decided, companies have been thwarted in various, unexpected ways by the commitments made in their online privacy policies. Are your intellectual property litigators reading your privacy policy? In FenF, LLC v. When you wrote your privacy policy, were you thinking about “the end”? Recently, the Federal Trade Commission (“FTC”) intervened in a bankruptcy case in which purchasers were attempting to acquire the personal information of subscribers of XY, which, before filing for bankruptcy, operated a magazine and website that targeted young gay men. The FTC wrote in its letter, dated July 1, 2010, to the counsel of the purchasers that the acquisition of such information would violate the FTC Act, because XY’s sale of subscriber information after XY explicitly promised not to share such information would be an unfair and deceptive act or practice. The Bankruptcy Code

Dr. Strangelaw or: How Portugal Learned to Stop Worrying and Love P2P Dr. Strangelaw or: How Portugal Learned to Stop Worrying and Love P2P On January 5, 2011, representatives of ACAPOR (a Portuguese association representing commercial retailers of cultural and entertainment works), wearing t-shirts with the slogans “piracy is illegal” and “1000 complaints per month”, filed a petition with the Prosecutor General’s Office (“PGO”) giving notice of the practice of 1000 acts of alleged usurpation of authors’ rights via peer-to-peer (“p2p”) networks by unknown individuals. Said petition was supplemented in April 2011, with notice of a further 1.000 acts. Following an Opinion by the PGO (“PGO Opinion”), the Department of Investigation and Penal Action (“DIAP”) of Lisbon decided not to file any criminal charges in relation to the notices; an integral copy of this decision was made available online by a main Portuguese newspaper on September 27, 2012 (“Decision”). Legal basis Background Analysis Investigation, Technology and Presumptions Reactions

Mississippi Litigation Review & Commentary : Mississippi Personal Injury Lawyer & Attorney : Phillip W. Thomas Law Firm : MS Litigation Review & Commentary Digital Lab The Future of HADOPI « Copyright and Technology Posted by Bill Rosenblatt in Economics, Europe, Law. trackback A recently-released report from the French government, Rapport sur les autorités publiques indépendantes (Report on the Independent Public Authorities), includes a section on HADOPI (Haute Autorité pour la diffusion des oeuvres et la protection des droits sur internet), the regulatory body set up to oversee France’s “graduated response” law for issuing warnings and potentially punishments to online copyright infringers. The headline that most Anglophone writers took away from the 24 pages in this report that were devoted to HADOPI was “HADOPI’s budget to be cut by 23%.” These writers took their cues from anti-HADOPI statements by various French politicians — including new French President Francois Hollande — and mischaracterized a statement about HADOPI by the French culture minister, Aurélie Filippetti. Unfortunately, none of these people appear to have actually read the government report. Like this: Like Loading...

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