Cyber Lawyer Blog - Internet Law Blog of Domingo J. Rivera, Esq., M.B.A., E.I.T., Internet Lawyer
Internet Lawyer
Cyber Lawyer Blog
Internet Lawyer New Website
We are in the process of updating the Internet Lawyer website. The website was a bit dated and in desperate need of a
"facelift." We have updated the appearance and will be updating the contents to better reflect the current state of our practice. This has been a very successful year for our Internet Law
practice, and hopefully the new website will better reflect our image. During that time, some of the urls in the Internet Lawyer website may still
resolve to the old pages. I am aware that this has caused some confusion for some of our existing and potential clients, but it will be resolved soon. We are going through the same process
with our Cyber Crime Defense website. This one is almost done, but some urls still need to be fixed.
We will continue updating the website in a manner that will hopefully reduce any confusion. This has been a great year for our Internet Law firm. We became the first law firm in the United States to win a jury trial in Federal Court involving accusations of criminal copyright infringement (music piracy). This was also the most important case of its type. Our client was alleged to be the leader of the most prolific music piracy group in the world. After five days of trial, the jury agreed with us and returned a Not Guilty verdict. ... << MORE >>
We will continue updating the website in a manner that will hopefully reduce any confusion. This has been a great year for our Internet Law firm. We became the first law firm in the United States to win a jury trial in Federal Court involving accusations of criminal copyright infringement (music piracy). This was also the most important case of its type. Our client was alleged to be the leader of the most prolific music piracy group in the world. After five days of trial, the jury agreed with us and returned a Not Guilty verdict. ... << MORE >>
U.S. v. Cassim: Domingo Rivera obtains first Federal "music piracy" jury trial defense victory
Today, a federal jury acquitted Adil Cassim who was represented by Domingo J. Rivera. The United States Department of Justice had alleged that Adil Cassim was the leader of Rabid Neurosis ("RNS"). On the DOJ website, the press release alleged that "according to the indictment, the defendants, led by Cassim for a
period of time, allegedly conspired to illegally upload to RNS
thousands of copyright protected music files, which were often
subsequently reproduced and distributed hundreds of thousands of times. According to the indictment, RNS was a "first-provider" or "release
group" for pirated music and other content to the Internet. Once a
group obtains and prepares infringing digital copies of copyrighted
works, the copies can then be distributed in a matter of hours to
secure computer servers throughout the world. According to the
indictment, RNS members were granted access to massive libraries of
pirated music, video games, software and movies by gaining a reputation
for providing previously unavailable pirated materials. The indictment
alleges that
the supply of pre-release music was often provided by music industry
insiders, such as employees of compact disc (CD) manufacturing plants,
radio stations and retailers, who typically receive advance copies of
music prior to its commercial release.Read the USDOJ press release here.
Various alleged members of RNS have been convicted. The jury's verdict was released a few hours ago, more details will be available soon.
Various alleged members of RNS have been convicted. The jury's verdict was released a few hours ago, more details will be available soon.
The CDA, cyber-racketeers, the DMCA, and changes to Section 230 by Domingo Rivera
It has been quite a while since my previous post. I have been extremely busy assisting my clients with Internet
legal matters. Internet defamation continues to affect the reputation of
businesses and professionals as former customers, patients, and others who know
that they do not have valid legal claims assert their false and frivolous
complaints in blogs, forums and smear sites. Even competitors are now
posing as unsatisfied consumers in order to post false and ...<< MORE >>
Cease and Desist Letters: Balancing the Punishment for Bad Faith Against the Punishment for Bad Letters
There is no doubt that cease and desist letters serve a very important purpose in the litigation process, particularly in legal matters related to the Internet. Many causes of action have bad faith as either an essential element or a factor that increases damages.
A party’s refusal to correct its acts after receiving a legitimate cease and desist notice can be interpreted as a sign of bad faith. Although a recipient of a cease and desist notice has
every right to decline pre-litigation requests without adverse consequences, he must do so in good faith. Good faith means a ...<< MORE >>
Internet Bloggers Beware: Ohio Court Lands Another Blow Against Those Engaging in Internet Defamation
I recently commented on the impact of the U.S. Court of Appeals for the Ninth Circuit Court of Appeals’ decisionlimiting the protections afforded to service providers under the Communications Decency Act. In that case, the court refused to provide immunity to website owners who encourage unlawful or defamatory statements. Less than a month later, the Ohio Court of Appeals also refused to protect the “interests” of bloggers and others who engage in online defamatory statements. The Ninth Circuit’s message was that if you encourage unlawful conduct, the CDA will not provide you with unwarranted solace. The Ohio Court ...
<< MORE >>Internet Defamation Law - Website owners and bloggers beware - The latest interpretation of Section 230 of the Communications Decency Act
As a general rule, we encourage many of our clients who own or operate websites or blogs and who want to be somewhat protected from Internet defamation claims to not encourage others to post comments. We also explain to our clients the impact of Section 230 of the Communications Decency Act. The
U.S. Court of Appeals for the Ninth Circuit has validated our general recommendation for a cautious approach ...
Website operators and web log (blog) owners beware - If you encourage illegal content or design your website to require users to input illegal content, you may not be ...<< MORE >>
Website operators and web log (blog) owners beware - If you encourage illegal content or design your website to require users to input illegal content, you may not be ...<< MORE >>
Internet Copyright Infringement - Courts Weigh-In
We frequently handle Internet copyright infringement issues. These issues present themselves in many forms. Some examples include: Internet copyright infringement resulting
from copied website contents, Internet copyright infringement claims against ISP resulting from copied website photographs, Internet copyright infringement claims against Internet search engine from
displaying copyright images as thumbnails with the indexed results, and Internet copyright infringement claim against search engine and online retailer resulting from the use of copyrighted images as
thumbnails.
Internet copyright infringement decisions are far from uniform. Quite to the contrary, Internet law is one of the least predictable areas of law. However, the decisions of ...<< MORE >>
Internet copyright infringement decisions are far from uniform. Quite to the contrary, Internet law is one of the least predictable areas of law. However, the decisions of ...<< MORE >>
Our Interview With the BBC
Last Friday, I had the pleasure of being invited for an interview with reporter Alex Ritson from the BBC. I appeared on his
satellite radio broadcast where we discussed issues related to Internet Defamation, the Communications Decency Act
immunity, the differences between a service provider and a content provider, the Wikileaks case, and related Internet Law
matters.
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Peer to Peer (P2P) software is great!... until the SWAT team arrives
Many people install file sharing, peer-to-peer (P2P) software in their computers. The concept sounds promising, having open collaboration and open sharing of files and information
between Internet users throughout the world. Unfortunately, that is not the way it usually ends.
P2P software frequently becomes a tool for copyright infringement, computer hacking, child pornography, and similar actionable conduct. Often, this conduct results in civil and/or criminal prosecution. Now, we are not discussing whether P2P software is itself a problem. There is plenty of case law discussing whether the software can be used for non-infringing uses and whether infringement is the primary ...<< MORE >>
P2P software frequently becomes a tool for copyright infringement, computer hacking, child pornography, and similar actionable conduct. Often, this conduct results in civil and/or criminal prosecution. Now, we are not discussing whether P2P software is itself a problem. There is plenty of case law discussing whether the software can be used for non-infringing uses and whether infringement is the primary ...<< MORE >>
Misquoted!
In connection with a federal court trial, we were interviewed by a reporter from a major newspaper in the Washington D.C. area. The surprise came the following day when I read an
article containing the famous "one of his attorneys . . . said" line. What followed was an inaccurate post (no pun intended). I have contacted the reporter and have requested a
correction. As Internet lawyers handling cases of high importance, we frequently interact with the professional press. We understand that errors could be made even by consummate
professionals.
...<< MORE >>
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Hidden System Files May Support Criminal Prosecution
We recently completed an Internet crime trial. The large majority of the prosecution's evidence was found in hidden system files of a computer running Windows XP. These
files could not be retrieved without the use of software not standard in Windows and which is not available to unsophisticated computer users.
It took dedication and patience to explain to the court the inner workings of hidden files such as thumbs.db. Without the ability to effectively describe the operation of the Windows XP Operating System it would have been impossible to obtain a favorable outcome for our client. Without this specialized technical ...<< MORE >>
It took dedication and patience to explain to the court the inner workings of hidden files such as thumbs.db. Without the ability to effectively describe the operation of the Windows XP Operating System it would have been impossible to obtain a favorable outcome for our client. Without this specialized technical ...<< MORE >>
Computer Hacking and Unauthorized Access to Computer Networks: Curiosity Can Kill the Cat
Recently, we have encountered many instances of the following scenario... Often out of curiosity, an Internet website visitor may exceed his authorized access under his access login or
under the website's terms of use. Website access scripts are easily available online. Their use, however, may generate serious accusations of computer crime, specifically hacking and
unauthorized access. Under cybercrime and computer laws, a conviction for computer hacking can carry 20 years to life in prison.
If you are accused of computer hacking or unauthorized access to a computer network a cyber crime and hacking our computer hacking defense attorneys understand ...<< MORE >>
If you are accused of computer hacking or unauthorized access to a computer network a cyber crime and hacking our computer hacking defense attorneys understand ...<< MORE >>
The importance of having a computer expert as your Internet cyber trial attorney
During a cyber trial, a computer crime, or a trial involving issues of Internet law, I can’t overstress the importance of having an attorney who is not only a legal subject matter
expert, but also an expert in computer technology and the technical concepts related to the Internet.
Case in point, we recently completed a long and complex cyber crime trial. We were fully equipped to expertly handle the criminal defense aspects of the case, we knew the law, how to cross-examine witnesses, and how to establish reasonable doubt. However, during the trial, it was our technical expertise what allowed us ...<< MORE >>
Case in point, we recently completed a long and complex cyber crime trial. We were fully equipped to expertly handle the criminal defense aspects of the case, we knew the law, how to cross-examine witnesses, and how to establish reasonable doubt. However, during the trial, it was our technical expertise what allowed us ...<< MORE >>
Microsoft Corporation Sues a Dentist for Trademark Infringement and Cybersquatting
The Anti-cybersquatting Consumer Protection Act (ACPA) makes those who register infringing domain names in bad faith liable to civil suits from a trademark owner.
Microsoft has filed a trademark infringement suit against a California dentist, Dr. Saed Said, who has registered more than 40 Internet domains with names similar to Microsoft’s products or brands, including: aMicrosoftShop.com, aMicrosoftStore.com, XboxOutlet.info and XboxMarket.mobi.
Microsoft claims that Dr. Said operates the domains with the intent to divert Internet surfers looking for Microsoft’s products. "The person has been diverted from the Microsoft Web site he or she was seeking to visit, and Microsoft has lost the ...<< MORE >>
Microsoft has filed a trademark infringement suit against a California dentist, Dr. Saed Said, who has registered more than 40 Internet domains with names similar to Microsoft’s products or brands, including: aMicrosoftShop.com, aMicrosoftStore.com, XboxOutlet.info and XboxMarket.mobi.
Microsoft claims that Dr. Said operates the domains with the intent to divert Internet surfers looking for Microsoft’s products. "The person has been diverted from the Microsoft Web site he or she was seeking to visit, and Microsoft has lost the ...<< MORE >>
Internet Solicitation of a Minor - Police Entrapment in the Internet Age
It is becoming a common occurrence. In an Internet chat room, a minor will come in and request to chat privately with someone. Only that there is no such minor, but a police
officer typing away through the night. Many have followed the bait. As the chat with the "minor" progresses, the conversation turns sexual in nature. After some chatting, the minor
suggests a meeting in person.... setting up the police sting operation.
At this point, the psychology of Internet chatting comes in. Only a few subjects will actually attempt to meet this "minor." The large majority of chatters have no ...<< MORE >>
At this point, the psychology of Internet chatting comes in. Only a few subjects will actually attempt to meet this "minor." The large majority of chatters have no ...<< MORE >>
Internet Defamation can cost you.... to the tune of $11.3 M
Internet blogs continue to create litigation. The days when the courts would not intervene in matters involving Internet defamation resulting from Internet blog postings are
behind us. Recently, a Florida woman was awarded $11.3 million dollars in damages resulting from postings made by a Louisiana woman accusing the Florida woman of being a "crook", a "con artist"
and a "fraud."
The defendant in that case was not represented by counsel at the time the verdict was issued. Although it appears that in this case, the Defendant was affected by Hurricane Katrina in a manner that affected her ability to defend ...<< MORE >>
The defendant in that case was not represented by counsel at the time the verdict was issued. Although it appears that in this case, the Defendant was affected by Hurricane Katrina in a manner that affected her ability to defend ...<< MORE >>
Single mother ordered to pay $222,000 in Internet copyright infringement damages
A Minnesota federal jury found Jammie Thomas guilty of copyright infringement. She now owes a total of $22,000.00 in damages to the RIAA. The copyright damages are based on
the jury's valuation of $9,250 for each infringed recording. Under copyright laws, RIAA might have recovered up to $150,000 per song infringed.
This judgment can potentially shake up the way the P2P copyright infringement litigation game is played. The defense had some questionable moves, or lack thereof. Of note is that the defense relied almost exclusively on the theory that some hacker might have used Ms. Thomas' usual user
name and her computer ...<< MORE >>
This judgment can potentially shake up the way the P2P copyright infringement litigation game is played. The defense had some questionable moves, or lack thereof. Of note is that the defense relied almost exclusively on the theory that some hacker might have used Ms. Thomas' usual user
name and her computer ...<< MORE >>
ICANN fails to pass domain name WHOIS registry privacy reforms
The Internet Corporation for Assigned Names and Numbers (ICANN) failed to overcome a stalemate on its efforts to reform the way that domain names WHOIS data is handled. The WHOIS
registry contains the names, address, and contact information of Internet domain name registrants. The information contained in the registry is public, with the exception of domain names with proxy
registration.
Businesses, law enforcement, and especially Intellectual Property and Internet Lawyers regularly utilize the domain names WHOIS registry to identify cybersquatters, spammers, phishers, trademark infringers, copyright infringers, and others. However, the WHOIS registry is also open to abuse and ...<< MORE >>
Businesses, law enforcement, and especially Intellectual Property and Internet Lawyers regularly utilize the domain names WHOIS registry to identify cybersquatters, spammers, phishers, trademark infringers, copyright infringers, and others. However, the WHOIS registry is also open to abuse and ...<< MORE >>
The Eastern District of Pennsylvania helps keep the DMCA and the Computer Fraud and Abuse Act from continuing to be misused.
Healthcare Advocates Inc. v. Harding Earley Follmer & Frailey: The Eastern District of Pennsylvania helps the DMCA and the Computer Fraud and Abuse Act from continuing to be misused.
The DMCA and the Computer Fraud and Abuse Act are two of the most widely misused Internet related laws. From doctors trying to use the DMCA to shut down a website containing photos of the website owner’s body portraying potential medical malpractice to websites containing “Terms of Use” which prohibit competitors from ...<< MORE >>
Website development contracts: The “handshake deal” can cost you.
Under U.S. copyright laws, the developer of a website owns the intellectual property and copyrightable elements of the website. The copyrightable elements of a website include the text, graphics, scripts, code, and the “look and feel.” Unless there is a contract to the contrary, the website developer’s client only obtains a non-exclusive license to utilize the intellectual property that it paid to develop. Even the copyright notice on the client’s website applies only to the contents that were developed by the client and not to the contents that were created by the developer.
This means that under the default scenario, ...<< MORE >>