Now That Was How Many Song Samples?

It is not a fair use under the Copyright Act to “sample” entire songs by downloading them from the Internet before deciding whether to buy an album, the Seventh Circuit has found. Cecilia Gonzalez argued that her downloading over 1,370 copyrighted songs was fair use since she was just sampling music to determine what she […]
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Balough Presents on Blogging and Trade Secrets

Bloggers, the First Amendment and Trade Secrets will be the topic of a presentation by Richard C. Balough at the annual Intellectual Property Law Assn. of Chicago’s Trade Secret Seminar. The seminar will be from 1 to 5 p.m. on December 7, 2005 at the John Marshall Law School. In addition to Mr. Balough, Mark […]
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Balough Moderates Panel on Creative Process

Richard C. Balough will moderate a panel discussion on “”Creative Fairness or Copyright Infringement?”” on November 18, 2005 in Chicago. The panel is part of a day-long seminar at the John Marshall Law School entitled “”Creative Process and the Public Domain.”” The program is hosted by the law school’s Center for Intellectual Property Law. In […]
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Judge Bars Sectarian Opening Prayer For Indiana House

The Indiana House of Representatives has been barred from following its long tradition of opening with a prayer until those giving the invocation stop referring to Jesus Christ, the Savior and the Son of God. An Indianapolis federal judge found that the Indiana House’s practice violates the Establishment Clause of the First Amendment. The clause […]
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Videoed Sex With Sound May Violate Federal Wiretap Statute

If the young lovers talked during sex and the video recorder captured the sound, then the recording violates the federal wiretapping statute, the Seventh Circuit Court of Appeals ruled. When she was 16, the plaintiff had consensual sex with a 17-year-old. He videotaped the act. After they stopped dating, he circulated the tape at their […]
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Law Must Punish Both Good and Bad False Statements

A statute that criminalized making false bad statements about a police officer but did not punish those who made false good statements violates the First Amendment, the Ninth Circuit found. The court overturned the conviction of Darren Chaker who was sentenced to two days in jail and three years probation after he filed a report […]
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File Sharing Site’s Legal Claim Is False, FTC Alleges

Contrary to its claims, using software purchased for $24.95 won’t give you free, legal access to music, movies and games. Instead using the file-sharing programs to download copyrighted materials is illegal, the Federal Trade Commission alleged in a complaint against MP3DownloadCity.com. Based on the FTC complaint, a U.S. District Court judge in California has issued […]
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Software Claiming to Make You Anonymous Loads Spyware As Well

An anonymous file sharing software may come with an unwanted guest-spyware that slows down your computer and that cannot be easily uninstalled. The Federal Trade Commission has filed a lawsuit to stop Odysseus Marketing and its principal, Walter Rines, from advertising a software program that Odysseus claims allows customers to engage in peer-to-peer file sharing […]
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Sensitive Consumer Information Sent Without Being Encrypted

Superior Mortgage Corp. wasn’t so superior in protecting consumers’ information online. The New Jersey company agreed to a consent order with the Federal Trade Commission (FTC) for alleged violations of the agency’s Standards for Safeguarding Customer Information Rule and security misrepresentations regarding the mortgage lender’s online practices. Superior conducts business through 40 branches in 10 […]
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