Google Withdraws from Deal with Yahoo

  In a move that should surprise no one, Google and Yahoo have “officially” abandoned their proposed Internet advertising partnership. The proposal was laughable from the start, but the two firms took the public stance that the arrangement could somehow have been “pro-competition.” Antitrust regulators were having none of it. As it became clear that the proposal would not simply slide past regulators Google Read More

Google Delays Deal with Yahoo

  The joint advertising deal between Google and Yahoo, previously discussed in CyberLawg, is being delayed as the U.S. Department of Justice Antitrust Division continues its review. Both Yahoo and Google have correctly taken the “we’re happy to help and comply” public line. Still, there is no question that an antitrust review that needs more time is not good news for the potential bedfellows. The Google Read More

Political Domain Name Infringement and Law

  As this election year heats up candidates in all types of political races are trying to reach likely voters at their doors, on their telephones and on the Internet. In this race for voters you might guess that a candidate’s domain name plays an important role in sharing his or her message with likely voters. What if a candidate’s domain name is already taken by a third party? What if a candidate’s name has Read More

Auctions to Determine New Top Domain Applicants

  Given that ICANN recently voted to expand the possibilities for gTLDs, the oversight organization must now deal with the logistics of selecting and assigning administrators for each of the soon to be available gTLDs. One issue is the possibility that two potential organizations may want to be responsible for allocating the same gTLD. For example, perhaps Group A, a non-profit group, wants “.money” for Read More

Copyright Protection for Open Source Software

  The first federal court review of open source software licenses was recently undertaken by the U.S. Court of Appeals for the Federal Circuit. The decision, Jacobsen v. Katzer, No. 2008-1001, slip op. (Fed. Cir. Aug. 13, 2008), is important because it finds that infringers of open source licenses are subject to Copyright laws, as opposed to only being in breach of contract for a violation of an open source Read More

Defining an Intercept under Wiretap Act

  The media has picked up on a case in the 9th Circuit that examines the definition of an “intercept” under the Wiretap Act. The district court judge in Bunnell v. Motion Picture Association of America found that a hacker had not “intercepted” messages when he simply copied messages being sent via company servers to a Google Mail account. The judge ruled that because the hacker “did not stop or seize” the Read More

FCC to approve XM Sirius Merger

  The FCC, after being deadlocked along party lines, is expected to clear a merger between satellite radio providers XM and Sirius, so long as the firms meet certain conditions, reportedly the firms' payment of $20 million in fines for violations regarding tower locations and power limits. The approval of the merger comes as a disappointment to consumer groups and Democratic FCC Commissioners, who had Read More

Web Retailers Bear No Burden to Police Trademarks

  A federal judge in New York has ruled that online retailers do not have a burden to affirmatively police trademark infringers that sell on their sites. The case pitted Tiffany, maker of fine jewelry, against eBay. Tiffany asked the court to rule that eBay should be responsible for policing its site for trademark infringers, often in the form of forgeries sold on eBay. The Court ruled that eBay did not Read More

Telecom Granted Spying Immunity by Senate

  The Senate approved a bill today that will finally provide some guidance on procedures for government eavesdropping under what the Bush Administration has dubbed its “terrorist surveillance program.” The bill provides that any future surveillance be approved by the non-public United States Foreign Intelligence Surveillance Court. Of particular note in the bill is the fact that telecom companies were granted Read More

DOJ Antitrust Probes Google Yahoo Deal

  The deal that allows Google to provide some advertising for Yahoo searches has unsurprisingly attracted a formal antitrust probe from the Department of Justice. The fact that the Bush Administration’s Department of Justice, comfortably hands-off in recent years, has begun a formal investigation is not good news for the deal. As a report notes, attorneys for Yahoo and Google believe that the deal is Read More