Please create an account to participate in the Slashdot moderation system

 



Forgot your password?
typodupeerror
×

Submission + - Aereo required to testify about non-public patent info

NewYorkCountryLawyer writes: In ABC v Aereo, a copyright infringement action against Aereo, the Magistrate Judge has overruled Aereo's attorney/client privilege objection to being forced to divulge non-public details about its patented technology. In his 15 page decision (PDF) he ordered the continued deposition of the company's CTO and CEO about their patent applications. My gut reaction is that this sets a very dangerous precedent, giving the big copyright plaintiffs yet another 'in terrorem' device to use against technology startups — the power to use the lawsuit as a chance to delve into a defendant's non-public tech secrets.

Comment Re:Woohoo! (Score 4, Insightful) 130

Why the fuck would you use a mobile app to control an IV pump?

The point is really two-fold. First, we already regulate medical devices like infusion pumps and radiology information systems. Under the proposed regime, one does not simply avoid regulatory scrutiny and obligations by offloading them to an app.

Second, if a app makes claims to do things things that would ordinarily be regulated, you don't escape the regulatory regime simply by saying, I'm just an iPhone app.

Both prongs make some sense if you accept the basic assumption that FDA regulation of devices makes sense at all.

Comment Re:Backstory? (Score 4, Informative) 51

It does seem insane. I mean how can the court not see that this case is clearly about killing vimeo and by extension video sharing sites. How can they expect all employees to be 100% diligent. It's never going to happen. If the only option to adhere to Safe Harbor is to have google class content filter Youtube is going to be the only game in town in the US.

The legal fees alone are the killer. Veoh won every round, but had to go out of business due to the legal fees.

Comment Re:Backstory? (Score 4, Insightful) 51

Maybe it's not about killing Vimeo, but rather making it "play nice" the way YouTube has: Pay for sync licensing of the music and support the licensing costs with ads.

In my experience, their primary goal in every instance is to put people out of business, if at all possible. YouTube has been 'playing nice' with them for many years, but they haven't dropped the pending case.

Comment Re:Backstory? (Score 1, Informative) 51

The blog post linked from TFS is a brief (~70 word) summary of the recent development with no links to other posts on your blog for the background on the story, only the big PDF of the decision.

The decision, IMHO, gives you what you need to know about the facts of the case in order to understand the significance of the decision. 56 pages is enough reading in my view, for our purposes. If you want more you can go on PACER and get hundreds of additional pages from the case file.

Comment Re:Backstory? (Score 4, Informative) 51

1. I don't have a paralegal to work on my blog. I do all this stuff myself.

2. The guiding principle of Recording Industry vs The People since its inception in 2005 has always been that it is designed for readers who are smart enough, and serious enough, to read the actual litigation document rather than let someone else tell them what it means.

3. The blog post doesn't link to Slashdot for "more details" it links to it for "Commentary & discussion".

4. Most Slashdotters, I have found, do read the story and litigation document... not every word, but enough to form their own opinions.

5. And no, thanks, I am not looking for you to explain to me what the decision says; I read it, and I know exactly what it says.

Slashdot Top Deals

Two can Live as Cheaply as One for Half as Long. -- Howard Kandel

Working...