ACLU says feds must turn over location-tracking memos

The Department of Justice must reveal more information from two memos the agency provided to federal prosecutors interpreting the U.S. Supreme Court’s landmark decision regarding GPS surveillance, the American Civil Liberties Union is arguing in Manhattan federal court.

The legal memos discuss privacy concerns of immense public interest, such as whether law enforcement must obtain a warrant for global positioning system tracking and how the new case law applies to other location-tracking techniques, including drone surveillance, the advocacy group says.

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YouTube wins latest round in battle against content creators

Viacom International has failed to prove that YouTube knew or should have known about 63,000 allegedly copyrighted video clips that appeared on the site between 2005 and 2008, a New York federal judge ruled April 18.

YouTube never received proper notifications about the allegedly infringing clips, and the copyright owners never specifically identified where to find the videos on the website, U.S. District Judge Louis L. Stanton of the Southern District of New York said.

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Insurance policy covers ex-wife’s phone tap of former husband, she says

Actor Keith Carradine’s ex-wife has alleged in a lawsuit that her insurer wrongfully denied her coverage for his lawsuit alleging that she eavesdropped on his phone calls and caused him bodily injuries.

Sandra W. Carradine says she incurred over $400,000 in defense fees and costs over the five years State Farm denied her coverage for the invasion-of-privacy and emotional distress lawsuit, according to the complaint filed in the Los Angeles County Superior Court.

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Supreme Court won’t review Yahoo email privacy case

The U.S. Supreme Court has declined to review a 2012 South Carolina Supreme Court decision that said a former employee did not violate federal law when she hacked into her boss’s Yahoo email account.

The state high court said M. Lee Jennings’ opened emails had not been stored in his Yahoo account for “backup protection.”  Therefore, his assistant Holly Broome did not violate the Stored Communications Act, 18 U.S.C. §§ 2701-12, when she accessed his account.

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Business policy does not cover piracy suit against software reseller

A business liability insurer owes no coverage for a copyright and trademark infringement lawsuit accusing its policyholder of selling pirated copies of Adobe software, a federal judge in San Francisco has ruled.

Adobe’s allegations that online retailer Purplus Inc. distributed, advertised or sold unauthorized software did not fall under Hartford Casualty Insurance Co.’s coverage for “advertising injuries,” U.S. District Judge Jeffrey S. White of the Northern District of California said.

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Dispute over LinkedIn account ownership ends in no damages

A banking education company that took over a former employee’s LinkedIn account misappropriated her identity and right to publicity under Pennsylvania law, but did not commit identity theft and owes no compensatory or punitive damages, a federal judge has ruled.

“The outcome of this case results in a somewhat mixed bag for both sides,” U.S. District Judge Ronald L. Buckwalter of the Eastern District of Pennsylvania said.

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Insurer stuck with $2.4 million bill for environmental cleanup costs

An insurer that paid its policyholder $2.4 million for environmental cleanup costs may not sue the previous property owners for reimbursement in a subrogation action, the 9th U.S. Circuit Court of Appeals has ruled in a split decision.

Chubb Custom Insurance Co. did not meet the requirements to state a claim for equitable or statutory subrogation under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9607(a) and 9612(c), Circuit Judge Milan D. Smith Jr. wrote for the 2-1 majority.

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Amazon’s search results do not infringe trademarks, California federal judge rules

Amazon.com does not infringe a company’s intellectual property when users search for a trademarked military-style watch and the e-commerce website displays competitors’ products and sponsored advertisements linking to the watch company’s website, a California federal judge has ruled.

U.S. District Judge Dean E. Pregerson of the Central District of California found there was no likelihood of confusion if Amazon used Multi Time Machine Inc.’s trademarks in its search engine or on its search results page.

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Court awards Qualcomm $12.5 million in fees in tech trade secrets suit

A California federal judge has sanctioned plaintiffs’ local counsel almost $65,000 in a patent and trade secrets lawsuit against Qualcomm Inc. and ordered the plaintiffs to pay $12.5 million to defense counsel, document review attorneys and an e-discovery company.

U.S. District Judge Anthony J. Battaglia of the Southern District of California said plaintiffs Gabriel Technologies Corp. and subsidiary Trace Technologies LLC made Qualcomm defend itself against unsubstantiated claims for almost five years.

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No coverage for domain name dispute, 9th Circuit rules

An insurer had no duty to defend or indemnify its policyholder in a lawsuit alleging that the company, which specializes in providing information about transferring colleges, infringed a competitor’s domain name, a federal appeals court has affirmed.

Travelers Indemnity Co.’s commercial liability policy excluded coverage if CollegeSource Inc. used another entity’s name or product in its website domain, without authorization, or engaged in similar activity to mislead customers, the 9th U.S. Circuit Court of Appeals opinion said.

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