October 23, 2018

Release 25 – Intellectual Property & Computer Crimes

Release 25 to my book, Intellectual Property and Computer Crimes, is here. The release contains a comprehensive revised analysis of the case law on the Stored Communications and Wiretap Acts, which address issues that were not even remotely foreseeable at the time Congress originally enacted the Electronic Communications Privacy Act in 1986. Other topics discussed in this Release include: (1) whether a defendant in a copyright infringement suit need prove an antitrust violation to prevail on a copyright misuse defense; (2) “separate accrual rule” under the Copyright Act’s statute of limitations; (3) a Supreme Court decision on whether copyright distribution and importation rights expire after the first sale, regardless of where the item was manufactured or sold; (4) entitlement of violations of the CFAA to restitution under the Mandatory Victims Restitution Act and the Identity Theft Enforcement and Restitution Act; (5) circuit split on whether the copying of information without more, states a cognizable claim of “damage” under the CFAA.

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