http://customslaw.pro Customs and International Trade Law Lawyer Attorney NY Wed, 08 Sep 2010 15:11:14 UTC http://backend.userland.com/rss/ xreggregator Customs and International Trade Law Lawyer Attorney NY http://CyberLaw.Info/modules.php?op=modload&name=News&file=article&sid=95 Pembroke Pines, FL. In Katherine Evans v. Peter Bayer, US District Court for the Southern District of FL (2008), Magistrate Judge Barry Garber ruled against Peter Bayer's, Principal of Pembroke Pines Charter High School, motion to dismiss the case against him individually for suspending Katherine Evans, a senior, who set up a Facebook page to complain about her teacher. Magistrate Garber agreed that Evans' First Amendment rights were chilled and Bayer had personal exposure to suit. Read the complaint here. http://CyberLaw.Info/modules.php?op=modload&name=News&file=article&sid=94 Toronto Radio NewsTalk 1010 host Jamie Hofing interviewed Elliot Zimmerman on Dec. 16, 2009 regarding whether students have a right to be mean online. A recent LA Times article reported that a Beverly Hills school suspended an 8th grade student who posted a video on YouTube with several other students calling yet another student "spoiled," a "brat," and a "slut." Read the article here. The suspended student took the case to federal court, saying her free speech rights had been violated. See J.C. v. Beverly Hills Unified School District, Case No. 08-cv-03824, California, U.S. District Court (2009). Last month, U.S. District Court Judge Stephen V. Wilson sided with her. "To allow the school to cast this wide a net and suspend a student simply because another student takes offense to their speech, without any evidence that such speech caused a substantial disruption of the school's activities, runs afoul of the law," wrote Judge Wilson in a 60 page opinion. http://CyberLaw.Info/modules.php?op=modload&name=News&file=article&sid=93 The Arizona Supreme Court ruled on Thursday, October 29, 2009, in Lake vs. City of Phoenix, CV-09-0036-PR that: Arizona law provides that “[p]ublic records and other matters in the custody of any officer shall be open to inspection by any person at all times during office hours.” Ariz. Rev. Stat. (“A.R.S.”) § 39-121 (2001). The City of Phoenix denied a public records request for metadata in the electronic version of a public record. We today hold that if a public entity maintains a public record in an electronic format, then the electronic version, including any embedded metadata, is subject to disclosure under our public records laws. Click here to read the full opinion. http://CyberLaw.Info/modules.php?op=modload&name=News&file=article&sid=92 On August 12, 2009, just one day after Judge Marilyn Hall Patel ruled against RealNetworks, Inc. and RealNetWorks Home Entertainment, Inc. ("RealNetworks") granting DVD Copy Control Association, Inc. ("DVD CCA") and several motion picture studios a preliminary injunction that prevents RealNetworks from selling or licensing its RealDVD software [RealNetworks, Inc. et al. v. DVD CCA et al., Case No. C 08-04548 MHP (N.D. Ca. 2008)], the California Court of Appeals for the Sixth Appellate District (Santa Clara) overturned a trial court's finding that Kaleidescape, Inc.'s DVD copy product did not violate its DVD CCA contract. Click here to see the Order in DVD CCA v. Kaleidescape, Inc., Case No. H031631 (Santa Clara County Super. Ct. No. CV031829). The appellate court remanded the case for trial. See related article at www.CyberLaw.Info:Judge Patel Gets Real http://CyberLaw.Info/modules.php?op=modload&name=News&file=article&sid=91 On August 11, 2009, Judge Marilyn Hall Patel ruled against RealNetworks, Inc. and RealNetWorks Home Entertainment, Inc. ("RealNetworks") granting DVD Copy Control Association, Inc. ("DVD CCA") and several motion picture studios a preliminary injunction that prevents RealNetworks from selling or licensing its RealDVD software. See RealNetworks, Inc. et al. v. DVD CCA et al., Case No. C 08-04548 MHP (N.D. Ca. 2008). Click here to read the 58 page Order and Memorandum. The court found that RealNetworks' DVD copy software, which decrypts copy protection, violated the Digital Millennium Copyright Act and RealNetworks' contract with the DVD CCA.