it’s so delightful to read those two areas of law in a single news article. The ACLU is suing to invalidate a patent on a gene. Yaay Chris Hansen. (Psst. They’re also patenting algorithms and business methods and even tax strategies.)
A victory for free speech in the ongoing war against silly efforts for Congress-critters to score political points. (Preliminary injunction against COPA, aka CDA II, aka son of CDA)
- Florida 4th District Court of Appeal ruled that “Rush Limbaugh’s medical records were properly seized by” the investigators looking into Rush’s drug-buying habits. The ACLU had come in on the side of Limbaugh.
- The First Cir. has granted en banc review [pdf] of the US v. Councilman decision. [Oct. 5] Oral argument scheduled for Dec. 8 and amicus filing opportunities are welcome.
- Compaq v. Ergonome, 5th Cir., 10/5. The 5th Circuit affirmed a $2.7 million award of attorney’s fees to the alleged infringer.
On July 11, 2001, after a seven-day trial, the jury concluded that any copying by Compaq was de minimis and constituted fair use according to 17 U.S.C. &sec; 107. The district court subsequently held that the doctrines of laches and equitable estoppel also barred Ergonome’s claim. Based on these findings, the district court awarded Compaq its attorneys’ fees of $2.7 million.
The 5th Circuit reviewed only the fair use finding, which it affirmed. In combination with Diebold‘s DMCA 512(f) slap at silly claims, the backlash against copyright misusers’ seems to be going full speed ahead.