Last September, Gateway Inc, a United States manufacturer of consumer computer hardware, announced its intention to accept a takeover offer made by Acer Inc, the American subsidiary of a Taiwanese hardware and systems manufacturer. Acer offered cash consideration of USD $1.90 per share, valuing Gateway at just under USD $710 million.  Read more »

Internet service providers ('ISPs') have become increasingly rich sources of information in complex criminal and civil matters. Parties in civil matters have used subpoenas to obtain information, but the California Superior Court has recently barred civil litigants from obtaining information from ISPs because the Electronic Communications Privacy Act (US) had no provisions for civil discovery. Attorney Leonard Deutchman argues that this goes against existing case law and privacy practice.  Read more »

Creative Technology, manufacturer of digital music players, last Monday announced that its United States subsidiary, Creative Labs, has commenced proceedings against Apple in a United States federal court for alleged patent infringement.  Read more »

‘StreamCast Networks, the creators of the Morpheus file-sharing software, is alleging in a lawsuit that auction house eBay is profiting from peer-to-peer technology that rightfully belongs to it.

StreamCast claims in a lawsuit filed Monday in the US Central District Court in Los Angeles that Niklas Zennstrom and Janus Friis, the duo who developed the technology behind companies Kazaa and Skype, of breaking an agreement to give StreamCast the first right to purchase their FastTrack peer-to-peer protocol. …  Read more »

E-discovery can be pricey. What's a small firm with a run-of-the-mill case supposed to do? Do you tell a client, "Sorry, the courts are closed to you because you can't afford e-discovery experts?" EDD vendors don't come cheap, and simply loading all your e-mail in Outlook doesn't preserve the integrity of evidence it holds. Attorney and EDD expert Craig Ball set out to find ways lawyers on a tight budget can take care of e-discovery needs. Along the way, he discovered some helpful software and tips.  Read more »

The Securities and Exchange Commission announced Wednesday that Morgan Stanley will pay a $15 million civil fine to settle charges that it repeatedly failed to provide thousands of e-mails requested in investigations. Morgan Stanley neither admitted nor denied the allegations, but the penalty is among the biggest fines ever levied on a brokerage firm for failing to produce documents. "We are pleased to have this matter behind us," said Morgan Stanley spokesman John Franklin.  Read more »

netbuzz writes "Fair comment or libel?  Read more »

According to The Inquirer, United States lawyers have just filed pleadings in a representative suit against ATI Technologies, a manufacturer of computer graphics hardware, in connection with claims made about the interoperability of its graphics cards with HDCP technology. The claim is founded in breach of warranties implied by consumer protection legislation, and alternatively negligent misrepresentation, though they also throw in unjust enrichment for good measure.  Read more »

Although not strictly technology-related, I note with interest that the High Court of Australia today handed down judgment in Harriton v Stephens. In this long-awaited decision, the Court dismissed an action brought on behalf of a child disabled as a result of exposure to the rubella virus in utero.  Read more »

'Former employer stated Computer Fraud and Abuse Act claim by alleging that employee deleted files on employer-supplied laptop computer using secure-erasure program designed to overwrite deleted material; by loading erasure program onto computer, whether by downloading application from internet or inserting disc into laptop's drive, employee caused unlawful "transmission" in violation of Act.'

Originally by Law.com - Tech Law Practice Center, 10:56 AM  Read more »