Monthly Archives: November 2012

Overreaching Anti-Circumvention Claim Shut Down–DISH Network v. World Cable

By Jake McGowan Dish Network L.L.C., et al, v. World Cable Inc., 11-CV-5219 (E.D.N.Y. 2012) In the hopes of ratcheting up damages, plaintiffs often try to assert any possible claim in their arsenal. In the realm of copyright law, this may involve asserting DMCA claims against the dirty, rotten infringers, even though the alleged infringement […]

Improperly Designating Fashion Designs as “Unpublished” May Invalidate Copyright Registration–Family Dollar Stores v. United Fabrics

By Jake McGowan Family Dollar Stores, Inc., v. United Fabrics International, Inc., No. 11 Civ. 2574 (S.D.N.Y. 2012) A few weeks ago, we blogged about whether websites are “published” for copyright law purposes in Rogers v. BBB of Metropolitan Houston. While that decision lacked a definitive answer relating to the status of websites, it reinforced […]

Another Blow to Banks in ACH Fraud Cases: Funds Transfers Act Preempts Indemnity Agreements — Choice Escrow v. BancorpSouth

By Jake McGowan Choice Escrow and Land Title, LLC v. BancorpSouth Bank, 10-03531 (W.D. Miss. Aug. 20, 2012) Last month, we blogged about Patco v. Ocean Bank, where the First Circuit held that the bank may bear the loss of fraudulent ACH transfers because its security procedures were not “commercially reasonable” under the Funds Transfers […]

Buyers of Michael Jackson’s Assets from a Storage Locker Auction Can’t Set Up Paywalled Tribute Website–Branca v. Mann

By Jake McGowan Branca v. Mann, CV 11-00584 (C.D. Cal. Aug. 10, 2012) When a celebrity goes bankrupt or forgets to pay a bill for his/her physical-space storage locker, opportunists may swoop in and purchase the goods so they can try and turn a profit reselling them. But sometimes, these buyers get a little overzealous–they […]

Is a Website “Published” for Copyright Law Purposes?–Rogers v. BBB of Houston

By Jake McGowan Rogers v. Better Business Bureau of Metropolitan Houston, H-10-3741 (Aug. 15, 2012) In the realm of copyright law, evolving technological perceptions have led to doctrinal questions that have the potential to determine the outcome of a case. One of these questions is whether posting content to a website amounts to “publishing” the […]

6th Circuit Allows Police GPS Tracking on Prepaid “Burner” Phones — United States v. Skinner

By Jake McGowan United States v. Skinner, 09-6497 (6th Cir. August 14, 2012) If the name Stringer Bell means anything to you, you probably know what a “burner” is. The third season of The Wire saw aspiring drug runner Bernard tasked with purchasing unregistered pre-paid cellphones from various corner stores in Baltimore. The Barksdale crime […]

Bank Might Bear Loss for Fraudulent Money Transfers Initiated From Its Website–Patco v Ocean Bank

By Jake McGowan (with input from Venkat Balasubramani) Patco v. Ocean Bank, 11-2031 (1st Cir. July 3, 2012) When a scammer siphons money from a customer’s online bank account, should the bank or the customer bear the loss? Last year, we blogged about a pair of cases that considered this question and came to differing […]