Cyberlaw 101

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UK Parents may be Punished for Childrens’ Piracy

The UK government recently announced a deal with ISP’s that would punish parents whose children download music and films illegally.  The parents will be blacklisted and have their Internet access curbed.  Initially parents would have a warning period, under a rule similar to a measure under consideration in France (“three strikes and you’re out”).  However, parents that ignore warnings would be subjected to on-line surveillance and their Internet speeds will be purposely reduced.  More available here.  Also, the Guardian reports that this move is related to an overall goal of decreasing illegal file-sharing of music and films in the UK by up to 80% over the next three years.

Will ASCAP and RIAA try to broker a similar deal in the US?

July 28, 2008 Posted by Prof. Cyberlaw | Copyright, ISP, International, Piracy | | No Comments Yet

Boston’s Own “Duck Tours” Trademark Case

The First Circuit has ruled that a lower federal district court erred in concluding that the term “duck tour,” with respect to a sightseeing tour conducted on an amphibious vehicle, is not generic.  The court also ruled that the lower court erred in ruling that the defendant amphibious tour company’s logo (“Super Duck Tours” in Portland, Maine) is likely to cause confusion with the plaintiff’s design mark. (Boston’s Duck Tours) Boston Duck Tours LP v. Super Duck Tours LLC, 1st Cir., No. 07-2078.

This decision, and many other First Circuit decisions, is available at the First Circuit’s Opinions page.

July 2, 2008 Posted by Prof. Cyberlaw | Federal, Trademark | | 1 Comment