Paul Fakler Quoted in National Law Journal on Proposed Overhaul of Copyright Act

Copyright SymbolThe National Law Journal ran an article today on recent proposals by Register Pallante and House Judiciary Chairman Goodlatte to begin the process for a general revision (i.e., ground-up re-write) of the Copyright Act.  The article contains a few of my thoughts on the topic.  I am certain to be writing in more detail as we move forward.  If the process is managed properly, a general revision could be a great benefit to all stakeholders (including the public).

 

Website Developer’s Unauthorized Login to Website Not Actionable Under DMCA

What's your password
Creative Commons License photo credit: TheRealMichaelMoore
In a recent decision, Ground Zero Museum Workshop v. Wilson, a District of Maryland court held that a former website developer who allegedly gained unauthorized access to the plaintiff’s website after a dispute and altered the website did not violate the DMCA’s anti-circumvention provision.  In a familiar fact pattern of the jilted lover, er, I mean website developer, the developer used his password to access the back end of the plaintiff’s website after the two parties had a falling out and the developer resigned.  Then, depending upon whose version of reality you choose to believe, the developer either (1) pulled out the website functionality he had created and left the website in the same condition it was in before he started work or (2) altered the website so that users would think it was no longer functioning and inserted code that would redirect users to various news articles about the plaintiff and its owners. [Read more…]