• IP BLAWG

    Apple v. FBI

    Beverly A. Berneman
    2/23/16

    After the shootings in San Bernardino last December, the FBI recovered an iPhone used by one of the shooters. The FBI doesn’t know the password and can’t unlock the phone. The FBI wants Apple to hack its own software by creating a back door into the phone. %CUT% No denying that the FBI has a serious problem. If it tries different passwords looking for the right one, the iPhone might lock down. The FBI wants Apple to create a new operating system that will allow the FBI access to the phone. But it’s not so simple. As Apple CEO, Tim Cook said in an open letter to customers, “Specifically, the FBI wants us to make a new version of the iPhone operating system, circumventing several important security features, and install it on an iPhone recovered during the investigation. In the wrong hands, this software — which does not exist today — would have the potential to unlock any iPhone in someone’s physical possession.” See the entire letter at http://www.apple.com/customer-letter/.

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  • IP BLAWG

    That's Not What I Signed Up For

    Beverly A. Berneman
    2/16/16

    The New York State Division of Human Rights used a licensed photo of Avril Nolan in an ad about HIV. Now it’s dealing with a judgment for defamation. What went wrong? %CUT% It all started when Avril posed for a photo that was going to be used for an article about New Yorkers who are interested in music. Imagine her surprise when the New York State Division of Human Rights (“NYSDHR”) used her photo with the caption “I Am Positive (+), I have Rights,” implying that she was HIV positive. Avril is not HIV positive. She sued NYSDHR for defamation. NYSDHR argued that it licensed the photo from Getty Images so it shouldn’t be liable for defamation. Avril won against the NYSDHR. Avril also sued Getty Images for violating her right of publicity. Getty Images argued that the photo was used in violation of the license so it wasn’t liable to Avril. Getty settled with Avril after its motion to dismiss was denied.

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  • IP BLAWG

    What Happens to "G-r-reat Ideas"

    Beverly A. Berneman
    2/2/16

    Kyle Wilson had a great idea for a cereal breakfast bar. So he submitted to Kellogg Co.’s "G-r-reat Ideas” portal. When Kellogg used the idea without paying him, Wilson sued. %CUT% Kellogg’s portal allowed submissions of ideas. But the terms and conditions said that Kellogg wasn’t obligated to pay for a submitted idea; even if Kellogg decided to use it. Wilson lost his suit against Kellogg. The court held that Kellogg’s terms and conditions clearly warned idea givers, like Wilson.

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