News Media Looks to Balough Law Offices for Opinions

(March 17, 2018) The news media has reached out to Balough Law Offices for comments regarding three recent developments in the law.

Cheryl Dancey Balough was interviewed by the Cook County Record regarding whether embedded content in social media violate copyright law. For our story on the case, click here.

Richard C. Balough was interviewed by two reporters for Bloomberg News. The first interview concerned the potential legal issues from the Uber self-driving car fatality. He also was interviewed regarding ...

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License Allows Copying Whether Done in House or at FedEx

(March 27, 2018) Great Minds and FedEx Office and Print Services, Inc. don’t think alike, especially when it comes to copying Great Minds documents.

The non-profit organization designs educational materials, releasing them to the public without charge subject to a Creative Commons license. As long as the user did not charge for the materials, Great Minds did not charge a fee.

In 2015 and early 2016, Great Minds discovered that some FedEx stores in Michigan and New York made copies of their ...

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Website’s Procedures Sufficient for DMCA Safe Harbor Protection

(March 16. 2018) A website that allows anyone to post videos and images, includes in its terms of use a prohibition against posting copyrighted material, and upon notice promptly takes down infringing materials is protected from copyright infringement liability under the Digital Millennium Copyright Act (“DMCA”).

Ventura Content, Ltd., which creates and distributes pornographic movies, found 33 clips of its materials on Motherless, Inc.’s website. Ventura did not send a take-down notice to Motherless but instead filed a copyright infringement action. ...

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Cybercriminal Malware Targets High Value Cryptocurrency

(March 15, 2018) Cybercriminals are following the money and it is leading them to cryptocurrency.

In the March 2018 McAfee Labs Threats Report, the company found “one of the biggest developments in cybercrime is an increasing emphasis on cryptocurrency hijacking, which coincided with the increased market interest in digital currencies.”

The criminal interest in cryptocurrency coincided with the spiking value of Bitcoin, which “prompted many actors to extend their activities into the hijacking of Bitcoin and Monero wallets,” the report found. ...

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Court Affirms Nike Did Not Infringe Photo of Michael Jordan

(February 28, 2018) A Nike, Inc.-commissioned photograph of Michael Jordan flying through the air holding a basketball with the Chicago skyline in the background did not infringe the copyright of a photograph of the basketball legend taken by famous photographer Jacobus Rentmeester.

The Ninth Circuit affirmed a summary judgment in favor of Nike, finding that, while Rentmeester’s ...

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Embedded Links Are Copyright Infringement, Court Finds

(February 20, 2018) The widespread practice of embedding links to images and videos on other sites is copyright infringement, according to a New York U.S. district court.

The court rejected the Ninth and Seventh Circuit’s use of the “server test,” which states there is no copyright infringement as long as the original image remains on the original server.

“The plain language of the Copyright Act, the legislative history undergirding its enactment, and subsequent Supreme Court jurisprudence provide no basis for a ...

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Notre Dame Class Discussion Focuses on Libel Law in the Trump Era

(February 14, 2018) Richard C. Balough discussed libel and privacy law in the Trump era as part of a journalism class at the University of Notre Dame.

Mr. Balough explored President Trump’s statement that “our current libel laws are a sham and a disgrace and do not represent American values or American fairness” in light of the history of the development of libel laws in the United States.

Concerning privacy, Mr. Balough noted that today’s instant messaging, tweeting, and the pervasive ...

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Comma Case Settles. Period. Scratch Comma; Law Now Uses Semicolons

(February 11, 2018) The lack of a serial comma in a statute has cost a Maine dairy $5 million in a settlement with truck drivers who originally were denied overtime pay.

The case gained the attention of English majors because the U.S. Court of Appeals for the First Circuit devoted 17 pages of its 29-page opinion to discussing the proper use of a serial comma in the Maine overtime law. The requirement for overtime pay does not apply if the ...

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Court Finds Grubhub Driver Was Independent Contractor

(February 9, 2018) A Grubhub driver was an independent contractor and not an employee of the online food ordering and delivery service because the company lacks control over the driver’s work.

The California district court noted it is an “all-or-nothing proposition” whether a person is an employee or an independent contractor. “With the advent of the gig economy, and the creation of  a low wage workforce performing low skill but highly flexible episodic jobs, the legislature may want to address this ...

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Tinder’s Dating App’s Age-Based Pricing Structure Discriminatory

(February 4, 2018) A claim that the dating site Tinder engages in age discrimination by charging premium subscribers over 30 up to twice as much as those under 30 has been reinstated by a California appellate court.

Tinder, Inc. owns and operates a smartphone-based dating application. The basic level of the app is free, but it also offers “Tinder Plus,” which gives subscribers access to additional features. The fee for users over 30 is $19.95 per month. For those under 30, ...

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