The Prior Restraint Issue in Garcia v. Google

The Ninth Circuit’s amended opinion in Garcia v. Google is now out, and the majority is sticking to its guns in granting Garcia preliminary injunctive relief against Google for its alleged copyright infringement. The facts are somewhat strange: Garcia had a minor part in a film, and she claims that she, and not the filmmaker, […]

Copying Deprives the Owner of Property

This past Tuesday, the Second Circuit held that the government’s indefinite retention of computer files copied pursuant to a warrant became an unreasonable seizure under the Fourth Amendment at some point.1 In the case, three hard drives belonging to the defendant had been copied by the government for later offsite inspection, and it took the […]

Petrella v. MGM and Copyright’s Law-Equity Divide

Cross-posted on the Copyhype blog. While the distinction between law and equity may seem antiquated to modern ears, the Supreme Court handed down an interesting copyright opinion last week which turned on whether the plaintiff’s claims were legal or equitable in nature. In Petrella v. MGM, the Court held that the affirmative defense of laches, […]

Does Double Jeopardy Forestall Auernheimer’s Retrial?

The news came out last week that Andrew “weev” Auernheimer’s CFAA and identity fraud convictions have been vacated by the U.S. Court of Appeals for the Third Circuit for improper venue.1 Auernheimer had been convicted in the U.S. District Court for the District of New Jersey, but the problem with this, according to the Third […]