Web Forum Not Liable for Users' Infringement, Court Says

The Fifth Circuit ruled that a web forum was not directly liable for copyright-infringing images uploaded by its users, becoming the latest appeals court to reject the argument that the U.S. Supreme Court's 2014 Aereo ruling eliminated the “volitional-conduct” requirement for such claims. The ruling came in a case filed by BWP Media USA, a frequent copyright plaintiff, that accused T&S Software Associates Inc., the operator of a hair and beauty website called HairTalk, of direct infringement over three images of celebrities uploaded to the site.

Repeal of Internet Privacy Prompts Interest in VPNs

The Republican-led House voted 215-205 to repeal rules adopted last year by the Federal Communications Commission (FCC) under the Obama administration that required internet service providers to obtain consumer consent before using their data for advertising or marketing purposes. For many who want to keep their web surfing private, the repeal has generated renewed interest in virtual private networks, or VPNs, as a way to hide their browsing history and personal information from prying corporate eyes.

FCC Drops Defense of Broadband Subsidy Program

The Federal Communications Commission is dropping its legal defense of a new system for expanding broadband subsidies for poor people, and it will not approve applications from companies that want to offer the low-income broadband service. The decision announced by FCC Chairman Ajit Pai would halt implementation of last year's expansion of the Lifeline program.

European Court Hears Case on Luxury Brand Sales Online

Europe's top court will begin a landmark case which could determine whether luxury goods companies can stop retailers from selling their products via marketplaces such as Amazon or eBay. Owners of luxury brands have been fighting with online retailers for the last decade, arguing that they should have the right to choose who distributes their products to protect their luxury image and exclusivity.

Terrorists Using Technology to Hide Themselves Online

Terrorists are increasingly using the hidden parts of the Internet to avoid surveillance, relying on the open web for recruiting but then moving to encryption and the Dark Web for more nefarious interactions, experts said in interviews. This is one reason United Kingdom Home Secretary Amber Rudd said that government agencies need access to such encrypted services to protect the public, reigniting a more than 20-year debate over the competing needs of security and privacy.

White House Supports Repeal of Internet Privacy Regulations

The White House said that the Trump administration strongly supports a bill to repeal regulations requiring internet service providers to do more to protect customers' privacy than websites like Alphabet Inc's Google or Facebook Inc. The White House in its statement said internet providers would need to obtain affirmative "opt-in" consent from consumers to use and share certain information, but noted that websites are not required to get the same consent.

States Consider Moves to Protect Privacy Online

Now that Republicans are in charge, the federal government is poised to roll back regulations limiting access to consumers’ online data. States have other ideas. As on climate change, immigration and a host of other issues, some state legislatures may prove to be a counterweight to Washington by enacting new regulations to increase consumers’ privacy rights.

Supreme Court Considers Changes to Patent Venues

The U.S. Supreme Court struggled over whether to upend nearly 30 years of law governing patent lawsuits that critics say allows often-baseless litigants to sue in friendly courts, giving them the upper hand over high-technology companies such as Apple Inc. and Alphabet Inc.'s Google. The justices heard an hour of arguments in an appeal by beverage flavoring company TC Heartland LLC to have a patent infringement suit brought against it by food and beverage company Kraft Heinz Co. moved from federal court in Delaware, where it was filed, to Heartland's home base in Indiana.

Judge Refuses to Dismiss Jawbone Suit Against Fitbit

Fitbit Inc. is headed toward a trial over claims it stole rival Jawbone Inc.’s trade secrets, after failing to persuade a judge to throw the case out. A California state judge rejected Fitbit’s argument that the lawsuit is merely an attempt to rehash claims that were already analyzed and rejected by the U.S. International Trade Commission in Washington in October.

More Mainstream Ads Found on Extremist Websites

A Washington Post examination of dozens of sites with politically extreme and derogatory content found that many were customers of leading ad networks, which share a portion of revenue gleaned from advertisers with the site’s operators. The Post’s examination found that the networks had displayed ads for Allstate, IBM, DirectTV and dozens of other household brand names on websites with content containing racial and ethnic slurs, Holocaust denial and disparaging comments about African Americans, Jews, women and gay people.

Chinese Court Rules for Apple in iPhone Design Patent Case

A Chinese court has ruled in favor of Apple in design patent disputes between the Cupertino, California company and a domestic phone-maker, overturning a ban on selling iPhone 6 and iPhone 6 Plus phones in China, Xinhua news agency reported. Last May, a Beijing patent regulator ordered Apple's Chinese subsidiary and a local retailer Zoomflight to stop selling the iPhones after Shenzhen Baili Marketing Services lodged a complaint, claiming that the patent for the design of its mobile phone 100c was being infringed by the iPhone sales.

Downing Street Says Social Media Must Do More to Fight Hate

Downing Street added to pressure on Google and Facebook, warning the internet giants that they “can and must do more” to stop hateful and violent material appearing on their platforms. Theresa May’s official spokesperson would not comment on whether there was specific evidence that the internet had played a role in the apparent radicalisation of the Westminster attacker, Khalid Masood.

U.S. Lawmakers Concerned About China's Cloud Restrictions

China’s restrictions on cloud computing were the theme of a letter that more than 50 U.S. lawmakers signed and sent to Ambassador Cui Tiankai in Washington. Beijing has proposed requiring cloud-computing services providers to turn over essentially all ownership and operations to Chinese partners and could result in the transfer of valuable U.S. intellectual property, according to the letter, viewed by The Wall Street Journal.

EU Wants 'Future-Proof' Solution for Google Shopping Changes

The European Union is seeking to draft “future-proof” solutions for how Google might change its shopping search service according to people familiar with the probe into the search-engine giant. The EU case centers on Google Product Search and Google Shopping and whether the company unfairly promotes those services when users search for a product and whether it pushes competitors’ comparison-shopping sites lower.

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The GigaLaw Firm helps companies of all sizes protect their brands online, using domain name dispute policies – such as the Uniform Domain Name Dispute Resolution Policy (UDRP) – and other legal tools available to copyright and trademark owners on the Internet.