Appeals Court Agrees Internet Platforms Can Censor Content

The Ninth U.S. Circuit Court of Appeals in San Francisco ruled unanimously that privately operated Internet platforms can censor content at will — a rebuke of the argument advanced in conservative circles that the platforms are bound by the First Amendment. The case in question was the YouTube channel of Prager University, a non-profit founded by radio host Dennis Prager. YouTube tagged dozens of PragerU’s videos as “inappropriate,” and stripped their advertising, which led the channel to file a lawsuit in 2017. Continue reading Appeals Court Agrees Internet Platforms Can Censor Content

Appeals Court Will Not Rule On the Repeal of Net Neutrality

In another win for the FCC, the U.S. Court of Appeals for the District of Columbia announced yesterday that it would not reconsider the October ruling that upheld the repeal of net neutrality rules. Requests had been made by 15 states and a collection of technology and advocacy groups to reconsider the earlier ruling. The net neutrality laws were first issued in 2015 to discourage Internet service providers from practices such as blocking or throttling traffic and enabling so-called “fast lanes” through paid prioritization. In December 2017, the FCC voted to repeal the Obama-era net neutrality laws that were largely supported by tech companies and consumer groups.  Continue reading Appeals Court Will Not Rule On the Repeal of Net Neutrality

Federal Appeals Court Offers Mixed Ruling on Net Neutrality

The U.S. Court of Appeals for the District of Columbia Circuit yesterday upheld the federal government’s repeal of net neutrality in the latest ruling that impacts how companies connect people to the Internet. However, the appeals court also ruled that the FCC had overstepped in its decision to prevent state and local governments from establishing their own related rules. The mixed ruling will likely lead to continued debate over net neutrality regulation, especially on the state level. It is also seen as a victory for the Trump administration, which has supported deregulation, and FCC chair Ajit Pai, who believes the repeal is good for the economy and fosters innovation. Continue reading Federal Appeals Court Offers Mixed Ruling on Net Neutrality

European Union Hits Qualcomm With Another Antitrust Fine

For the second time in 18 months, the European Union levied a fine on Qualcomm, this time for €242 million ($272 million). European commissioner for competition Margrethe Vestager stated that Qualcomm drove a competing supplier of baseband chips out of business, an antitrust violation. The EU started its formal investigation into Qualcomm in 2015, when U.K. chip manufacturer Icera accused it of “predatory pricing” between 2009 and 2011, to drive it out of business. Nvidia subsequently purchased Icera. Continue reading European Union Hits Qualcomm With Another Antitrust Fine

Supreme Court Rules in Apple-Samsung Design Patent Case

In the carefully watched design patent battle between Apple and Samsung, the Supreme Court unanimously ruled yesterday that Samsung may not be liable for its entire $399 million in profits after copying the iPhone’s distinctive look, including its rectangular front face, rounded corners and grid of icons. In 2012, a jury decided that Samsung had infringed on Apple’s patents. “Design patents, which address what products look like, are far less common than utility patents, which cover how products work,” explains The New York Times. “The Supreme Court’s opinion, while not decisively resolving the case, found that liability in design patent cases is not necessarily an all-or-nothing proposition.” The two companies will return to court to determine an appropriate amount for damages. Continue reading Supreme Court Rules in Apple-Samsung Design Patent Case

Appeals Court Rules for Vimeo in Copyright Infringement Case

In a blow to record companies — and a win for Internet service providers, the 2nd U.S. Circuit Court of Appeals in New York yesterday ruled that Vimeo cannot be held liable for copyright infringement if the video-sharing site unknowingly hosts older music that was uploaded by users. In addition, the court ruled that it is not enough to prove Vimeo ignored infringement if company employees had watched videos containing copyrighted sound recordings. The case, which centered on the Digital Millennium Copyright Act (DMCA), was being watched closely by Silicon Valley. Continue reading Appeals Court Rules for Vimeo in Copyright Infringement Case

Tech Industry Fears Implications of Apple-Samsung Patent War

The patent war between Apple and Samsung resulted in Samsung turning over profits from Galaxy products to Apple based on patent infringements. The implications of the case motivated major tech companies including Dell, eBay, Facebook, Google, HP and others to form a coalition in a “friend of the court briefing” siding with Samsung, filed July 1 with a federal appeals court. The companies are concerned the ruling could subject the industry to more lawsuits, hinder future innovation, and limit customer choices across the entire tech sector. Continue reading Tech Industry Fears Implications of Apple-Samsung Patent War

Appeals Court Agrees That Apple Conspired on E-Book Pricing

A federal appeals court has upheld an earlier ruling that determined Apple conspired with publishers to raise digital book prices. The U.S. Court of Appeals for the Second Circuit voted 2-to-1 in agreement of Judge Denise Cote’s 2013 decision when the case originally played out in the U.S. District Court in Manhattan. Apple and five publishers had been accused by the Justice Department of conspiring to increase prices above Amazon’s standard for new e-books through an ‘agency pricing’ model. The publishers settled prior to the trial, but Apple opted to fight the accusation. Continue reading Appeals Court Agrees That Apple Conspired on E-Book Pricing

Court Rules Former College Athletes Can Sue Electronic Arts

A federal appeals court is allowing a group of former college athletes to sue Electronic Arts over allegedly using their likenesses in video games without their permission. This is one of two legal actions this year against the company by former college players. EA has claimed First Amendment rights, but the appeals courts have disagreed. The issue also involves the NCAA and calls into question policies regarding profits generated from college sports and players. Continue reading Court Rules Former College Athletes Can Sue Electronic Arts