The new 2012 Cumulative Supplementdiscusses important updates in cyberspace developments, in the courts and on Capitol Hill, including: The Rosetta Stone decision, in which the Fourth Circuit reversed summary judgment rulings in Google's favor on the issue of direct trademark infringement, contributory infringement, and dilution claims, revisiting the question of whether using trademarks to trigger sponsored links can cause actual consumer confusion The Ninth Circuit's ruling in Network Automation Inc. v. Advanced Systems Concepts involving the sale of a trademark by search engines, most prominently Google AdWords and Microsoft Bing, to trigger links sponsored by a competitor-in which the court distinctly rejected the application of the "Internet trinity" or "troika" factors of Brookfield as the test for trademark infringement A California federal district court's review of the case history and law involving the copyrightability of computer programs via a thorough analysis of application program interfaces, or APIs, in Oracle America v. Google A decision from the European Union's highest court in May 2012, SAS Institute, Inc. v. World Programming Ltd., which reaffirmed the legality of reverse engineering on an international scale Two recent bills introduced in Congress that reflect growing concerns over what should be considered permissible with respect to accessing a person's email The 2012 Cumulative Supplement provides an updated survey on internet jurisdictional and notice issues, including those involving Facebook, from a New York federal district court's decision in Fteja v. Facebook, Inc., to a California federal district court's rejection of Facebook's motion to dismiss in Fraley v. Facebook, Inc. It offers a new subsection discussing browsewrap/clickwrap hybrid developments; analyzes the steps taken by the social website, Pinterest, to protect itself from allegations of copyright infringement when a user creates online collections, or pinboards, of images, including copyrighted images; and discusses the Obama Administration's introduction, in February 2012, of a "Framework for Protecting Privacy of Consumer Data in Digital Economy," concerning how private-sector entities handle personal data in online commercial settings.
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