LEGAL THOUGHTS

This blog contains our personal opinions on topics that interest us.

Advantage Oracle

It has been a back and forth match between Google and Oracle over Google's use of Java APIs in Android. Google 1 - Oracle 0 In 2012, a jury found that Google had infringed Oracle’s copyright by copying into Android the “structure, sequence and organization” of 37 Java APIs, but was deadlocked on whether Google's use of the APIs constituted a fair use. The district court overruled the jury as a matter of law and found that APIs were not eligible for copyright protection (see Oracle v. Google, 2018 opinion at 6). Google 1 - Oracle 1 In 2014, the Court of Appeals for the Federal Circuit reversed the District Court's decision and held that the APIs were eligible for copyright protection, and re

Daylight Saving Time and Iceland

Interesting fact. Iceland doesn't observe Daylight Saving Time. It observes Greenwich Mean Time (GMT) all year. #DST

Not Fake News. Fuse Tea.

Unlike the fake story about the Chevy Nova automobile, this is real (see link to Snopes article). In Switzerland, Coca-Cola is rebranding its "Fuze Tea" to "Fuse Tea". Why rebrand? Because in Swiss-German, Fuze sounds like Swiss-German word for the female genitalia -- v*gina (see link 1, link 2). Updated on March 28, 2018 - replaced original photo with new photos. #trademark

Daylight Saving Time starts in Europe on March 25

On Sunday, March 25th, Europe will start daylight saving time, and the standard difference of hours between New York, NY (ET) and Central European Time (CET) will return to six (6) hours. #DST

WhatsApp doesn't know what you say, but knows who you call

WhatsApp implemented end-to-end encryption in 2016. This means that only you and the person you are communicating with can access your conversations (see link). But, that doesn't mean that WhatsApp isn't keeping metadata about your calls. Much like an earlier blog post about Apple Messages, WhatsApp is retaining other information related to your use of its application, such as, the telephone number of who you called and how long you talked. Now there is a reported decision by a US District Court judge that approved the placement of a pen register and trap and trace device to capture telephone numbers being called through WhatsApp (see link to law.com article). Just remember that despite te

Privacy Shield Certification

As of March 14, 2018, the U.S. Department of Commerce's International Trade Administration (ITA) accepted our self-certification to the U.S.-E.U. and the U.S.-Swiss Privacy Shield programs (see link to Privacy Shield certification list). This means that we lawfully can transfer personal data about EU citizens to the US and process it in further of our legitimate business purposes. #privacy

Anyone remember Pacman?

I saw this t-shirt. The design looks like a riff off of the 1980s arcade video game Pacman. I looked at the tags on the shirt, but I didn't see information about it being licensed from Bandai Namco Games. #copyright

Daylight Saving Time will start in the US on March 11

On Sunday, March 11th, the U.S. will start daylight saving time. The U.S. starts daylight saving time two weeks before Europe (on March 25th). Thus, for the next two weeks, the number of hours between New York, NY (ET) and Central European Time (CET) will decrease to five (5) hours. #DST

3 Tips to Protect Your Photographs On The Internet

If you make your photographs available on the internet, here are three tips to help you protect yourself. 1. Add a semi-transparent watermark over your photograph, or add a copyright notice - © and your name - to each photograph. 2. Don't upload high resolution images. 3. Register your photographs with the U.S. Copyright Office. #copyright

Who wants some publicly available data? Data scraping.

Everyone wants data, and everyone wants to protect the data that they have. Data after all is the new gold. Businesses seek to protect their data by prohibiting others from data scraping (copying or collecting it). See LinkedIn Terms of Use, section 8.2k; Instagram, Terms of Use, Basic Terms 15, General Condition 10; Pinterest, Community Guidelines, Site Security and Access; Facebook, Terms, Safety section 2. That prohibition however may have a hole. HiQ is a data analytics business that scrapes publicly available information from LinkedIn user profiles. LinkedIn sent HiQ a cease and desist letter and tried to block HiQ from accessing LinkedIn's services. HiQ responded by suing LinkedIn

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