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November 2002 Volume 3, Issue 11
Editors Cherie W. Blackburn Robert W. Pearce, Jr. John C. McElwaine
1-800-237-2000 Nelson Mullins has more
than 275 attorneys firm-wide, with over 25 attorneys having
significant representation of e-commerce clients in areas including
patent, copyright and trademark protection; business planning,
securities and venture capital; and licensing, distribution and
contract preparation. Atlanta Contacts Neil Grayson Cherie
Blackburn Robert
Pearce John
McElwaine Charlotte Contact Jason
Sprenkle Myrtle Beach Contact Franklin
Daniels Columbia Contact Mark Dukes Greenville Contact Marvin
Quattlebaum William
Herlong CyberWatch is an Internet Law Group news digest published as a service to Nelson Mullins’ clients and friends. The articles are summaries of particular developments in the law and are not intended to be a solicitation or to render legal advice. This publication can be considered advertising under applicable laws.
CyberWatch
is a trademark of Nelson Mullins Riley & Scarborough, L.L.P. |
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Students Overload College Computer Networks After Napster and other peer-to-peer programs appeared years ago, college students have created massive headaches for their university administrators through the students’ constant file sharing and swapping of music and video clips. The swapping has overloaded universities’ computer networks, causing many to stall or crash. Now, many colleges are fighting back in an attempt to limit network capacity to residence halls during the day. More than 600 American colleges and universities have begun using Packeteer, Inc.’s software program that restricts the amount of data that can flow to and from dorm-room computers during the day. At least 140 high schools and elementary schools nationwide also use the Packeteer program that works like a valve restricting water flow through a hose, narrowing the computer network pipes that connect the dorms to the rest of the campus. At night, the network pipes are widened again to return the flow to normal. The program does not affect e-mail or the ability to access academic material. It essentially keeps students from downloading songs and video clips and allows colleges to keep their computer networks running. One encryption expert says he is certain it is only a matter of time before enterprising students who’ve grown up using the Internet learn how to “widen the pipes” during the day. Credit: siliconevalley.com China’s Infected Computers According to China’s official daily newspaper, approximately 84 percent of China’s computer users reported attacks from viruses during the past year. Over half of the machines infected with the viruses have suffered damage, data loss or other problems. Computer viruses are software programs sent via e-mail. They are usually designed to erase data, shut down a computer or reproduce and send copies of the virus to other computers. The vulnerability of one of the world’s biggest PC and Internet markets has the Chinese government worried as the number of new Chinese Internet users grows rapidly. According to official data, China had 12 million new Internet users in the first six months of 2002, bringing its total number of Internet users to more than 45 million. Credit: asia.tech.yahoo.com Voyeur Cams Ruled Legal in Washington State In a ruling that has upset some privacy experts, the Washington Supreme Court held that two men who took surreptitious photos and videotapes of women using tiny cameras did not infringe on the individuals’ privacy because the images were captured in public places. The Court said that these so-called “up skirt cams” did not violate voyeurism laws because there is no reasonable expectation of privacy when images are captured in public places. The Court said “it is the physical location of the person that is ultimately at issue” and concluded that Washington’s present voyeurism laws simply do not prohibit these surreptitious photos and videotapes despite the fact that the actions engaged in constitute “disgusting and reprehensible behavior.” Credit: cnetnews.com NASA Starts National Institute of Aerospace on the Web The newly-formed National Institute of Aerospace Associates, a non-profit organization composed of state universities, has entered into a joint venture with NASA’s Langley Research Center to create an online institute for students. The institute, expected to be fully operational in January 2003, is designed to conduct cutting-edge research, develop new technologies and provide educational opportunities as NASA faces a shortage of students pursuing degrees in science, mathematics and engineering. The institute will offer both local site and distance learning opportunities for individuals seeking graduate degrees and will link the main campuses of universities to the labs at Langley building, a virtual research space over the Internet. NASA believes the institute will foster much greater involvement by academia in fulfilling NASA’s mission, through increased collaboration in this highly interactive initiative. NASA is initially investing $379 million to support the National Institute of Aerospace. Some of the initial university partners will include Virginia Tech, the University of Virginia, the University of Maryland, NC State and Georgia Tech. Credit: fcw.com Philip Morris Files Lawsuits Over Internet Cigarette Sales Philip Morris has filed at least eight lawsuits aimed at stopping Internet-based sellers of cigarettes from using Philip Morris trademarks in their Web advertisements. These cigarette-selling Web sites have also come under fire from anti-tobacco groups and legislators who say they make it too easy for minors to buy cigarettes and who are also incensed that states miss huge amounts of state tax revenue. Some of the Web sites sued include “cheapmarlboro.com,” “discountcigarettes.com,” “europecigarettes.com” and others. Cigarette purchases on Web sites are usually not reported as sales to state taxing authorities, thereby reducing the taxes on tobacco upon which many states rely. While Philip Morris is alleging trademark infringement by these Internet sites, observers expect strong state support for present suits and those that Philip Morris expects to file in the near future. According to Philip Morris, approximately 1 percent of smokers with Internet access have bought cigarettes over the Internet. In New York, home to the highest cigarette excise tax in the country, more than 5 percent of smokers surveyed said they had purchased cigarettes over the Internet. Credit: reuters.com NFL Angered at Cyberspace Scalping The National Football League and many of its teams have stepped up efforts to stop the rapidly growing Internet market for resale of NFL tickets. The league says it views this Internet scalping as unethical and, in some cases, against the law because it suggests a desire to profit personally and perhaps illegally at the expense of the NFL or the affected team. State laws are inconsistent regarding whether brokers or season ticket holders can legally resell their tickets for more than face value. Most reselling efforts appear to be found on eBay, the auction Web site, with both brokers and holders offering tickets to just about any game. EBay issued a statement saying that it does its best to ensure that sellers abide by the law by providing links to the laws, rules and regulations of each state; however, eBay acknowledges that enforcement is nearly impossible, and it relies on sellers to abide by state law. Several sellers have been prosecuted in New Jersey for violating price caps on the resale of tickets, and more than one NFL team has revoked the tickets of season ticket holders caught selling his or her tickets on the Internet. Credit: detnews.com |
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