eldavojohn writes “In a split (4-3) decision, a Virginia court has upheld the verdict against the spam king making it clear that spam isn’t protected by the U.S. Constitution’s first amendment or even its interstate commerce clause. ‘Prosecutors presented evidence of 53,000 illegal e-mails Jaynes sent over three days in July 2003. But authorities believe he was responsible for spewing 10 million e-mails a day in an enterprise that grossed up to $750,000 per month. Jaynes was charged in Virginia because the e-mails went through an AOL server in Loudoun County, where America On the web is based. ‘”

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RemyBR writes “A Japanese government panel is proposing to govern “influential, widely read news-related sites as newspapers and broadcasting are now regulated.” The panel, set up by the Ministry of Internal Affairs and Communications, stated World wide web service providers (ISPs) should be answerable for breaches of vaguer “minimum regulations” to guard against “illegal and harmful content.” The conservative government, led by the Liberal Democratic Party, or LDP, is seeking to have the new laws passed by Parliament in 2010.”

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ZioBit writes “Florence Mayor Leonardo Domenici and one of the city assessors are suing (Google translation) Wikipedia on the basis of a (possible) defamation regarding the handling of public parkings assignation to a private company, “Florence Parking”. The apparent problem is that both of their wives are members of the board of directors of “Florence Parking”, and Wikipedia is reporting it.”

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Catholic On the web - Finance
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I Don’t Believe in Imaginary Property writes “The judge in the Wikileaks case has dissolved the injunction against Wikileaks, which means that it can get its .org domain back. He defended his prior ruling because it was based on the pittance of information the bank and registrar had provided him, saying ‘This is a case in which we’d a (dispute) with named parties, and the parties were duly served. One of which properly responded and came to this court with a proposed settlement in this lawsuit… Nobody filed any timely responses to the court’s order.’”

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netbuzz writes “Lawyers for the Swiss bank that got the plug pulled on Wikileaks.org have dragged a Stanford grad student/human rights activist into the case because he moderated a discussion group about Wikileaks on Facebook. He has no relation to Wikileaks or the case, other than that he helped authenticate documents — absolutely unrelated to the bank matter — that were posted on Wikileaks. The guy and his lawyer have done a nice job of making lemonade out of this lemon, though.”

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Filed under: Management, Law, Internet, Competitive strategy, eBay (EBAY), Technology

In what may end up being a net positive for eBay, albeit possibly an high-priced one, a settlement has been reached in the litigation over patent infringement between eBay Inc. (NASDAQ: EBAY) and MercExchange. Financial figures of the settlement haven’t been disclosed, but a report from Computerworld indicates that eBay shall purchase the three patents which were the subject of the litigation, as well as a number of other related technologies and developments.

Mike Jacobson, eBay senior vice president and general counsel, was quoted by Computerworld as stating: “In addition to resolving the litigation, this settlement gives us access to additional intellectual property that’ll help improve and further secure our marketplaces.” MercExchange founder and CEO Thomas Woolston, is quoted in the same report as stating: “It seemed like the right time to put it behind us.”

In Might of 2003, a jury in the case found eBay guilty of patent infringement and an injunction was sought and allowed. However, in reviewing the US Court of Appeals decision, the Supreme Court unanimously derailed the long standing practice of issuing immediate injunctions in cases of intellectual property infringement, insisting that in the future, such injunctions must meet the stipulations of a four-factor test.

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