Click the play button below to listen, or click here to subscribe to us on iTunes!

Click here to download this week’s show.

Here are the show notes for this week’s episode:

Shownotes for The Singularity Law Podcast: Episode 5 for October 27, 2008

Our Panel for Today:

• Josh Kagan, author of The Josh Kagan Blog
• Prof. Michael Scott of The Singularity Law Blog

Search Engine Caches Covered by Implied Licenses: Parker v. Yahoo!, Inc.

• Parker v. Yahoo!, Inc. 2008 U.S. Dist. LEXIS 74512 (E.D. Pa. Sep. 26, 2008).
• Perfect 10 v. Google, Inc., et al., 416 F. Supp. 2d 828 (C.D. Cal. 2006).
• Perfect 10 v. Amazon.com, Inc., 487 F.32 701 (9th Cir 2007).
• Kelly v. Arriba Soft Corp., 336 F.3d 811 (9th Cir 2003).
• S.O.S., Inc. v. Payday, Inc., 886 F.2d 1081 (9th Cir. 1989).
• MAI Systems Corp. v. Peak Computer, Inc., 991 F.2d 511 (9th Cir. 1993).
• Ticketmaster Corp. v. Tickets.com, U.S.P.Q.2d (BNA) 1344 (C.D. Cal 2000). This is an unpublished decision.
• Ticketmaster Corp. v. Microsoft Corp., Case No. 97-3055 DDP (C.D. Cal., filed Apr. 28, 1997).
• Josh Kagan: Is a Search Engine Cache a Copy? Revisiting Kelly v. Arriba Soft through Parker v. Yahoo!, Inc.
• Eric Goldman: Search Engine “Cache” Function Covered by Implied License–Parker v. Yahoo.
• Jeff Neuburger: Challenge to Search Engine Caching Dismissed on Most (But Not All) Grounds.

eBay Libel and the Danger of Libel Tourism

• Eric Krangel, writing for Silicon Valley Insider: eBay Business Sues Buyer For Leaving Bad Feedback.

Apple Drops the iPhone NDA for Released Applications

• Robert Palmer, writing for The Unofficial Apple Weblog: iPhone NDA dropped, developers rejoice.
• Josh Kagan’s Recommended Reading: The Future of the Internet–And How to Stop It by Jonathan Zittrain.

Practical Corner: The Dangers of Screening Employees via Social Networking Sites

• William-Arthur Haynes, writing for The San Jose Business Journal: Screening via social media sites may leave employers exposed.

Final Thoughts: Murder in Cyberspace!

• Mari Yamaguchi, writing for the Associated Press: Japanese Woman Jailed After “Killing” Virtual Husband.

This recording is an informational resource only. It is not designed to offer legal advice.

• Elektra v. Barker and London-Sire v. Doe:  Can merely “making available” a file on a P2P network constitute copyright infringement, or does infringement require that a plaintiff prove that the file was actually downloaded by a third party?  Maybe not.  Coincidentally, I’m currently working on a seminar paper on this very topic.
• Fair Housing Council of San Fernando Valley v. Roommates.com, LLC.:  Roommates.com was denied § 230 immunity by the Court of Appeals for the Ninth Circuit.  Eric Goldman comments on his blog.
  
• Perfect 10 v. Visa:  This is a secondary liability suit in which a copyright owner unsuccessfully sought damages from a group of credit card companies that process transactions for infringers overseas.  On appeal, the plaintiff has now been joined with an amicus brief filed by the MPAA, RIAA, and others, as well as another amicus brief filed by the an organization that polices with counterfeit apparel and sneakers.  I’ll comment on this sometime soon once I’ve had an opportunity to read the briefs.
• A class-action was settled by Apple last week after some consumers complained that the flat panel displays on their Apple notebook computers don’t display as many colors as they should, leading to inferior image quality.  This week, an identical suit was filed complaining that Apple’s “iMac” line of all-in-one desktop computers have the same problem.  Apple might settle again simply to avoid negative press, but the truth here is that all flat panel displays from all manufacturers have this issue.  No flat panel display can mimic every color that the human eye can see, so they all fake it using a technique called dithering.