- In Specht v Netscape, she wrote a decision regarding the placement of a download button on a web page. All in all, she denied the defendant's motion to compel arbitration as it was believed that the Plaintiff was not a direct beneficiary under the agreement.
- In Storey v Cello, she wrote an opinion that an adverse outcome from an admiminstrative proceeding did not have preclusive effect on a suit brought under the the Anticybersquatting Consumer Protection Act.
- In Mattel v. Barbie-club she rejected the argument that the federal court jurisdiction could be created in any federal district merely by providing written evidence of the domain registration with the trial court.
Tuesday, June 2, 2009
Technological Opinions of Judge Sotomayer
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3 comments:
Thanks for the post. Please send me a shout on selemani@gmail.com. I want your opinion on something.
Cheers!
Ms. K.
I like what I see and it is much needed in Tanzania.. A small hint expand E-commerce to simply mean ICT... There are a lot of cases in the Telecommunication industry in terms of id-theft and the availability of personal information such as SMS or call records. All you really need to do is go down town and buy peanuts or mandazi and you will realize if you read the bag is actually someones call records detail with time stamps. How to protect the consumer, how to protect the telcom, how to protect the engineer, how to sue the telcom for millions for releasing you call records in a public domain. What is your wife or lover finds them by chances who is to blame, the street vendor, the owner of the peanut business, or better yet the billing manager or the cleaner who took the paper from the waste basket and sold it to the bag maker. At the end of the day someone needs to be accountable as you have caused my marriage to break up, or my worse my boss has fired me. ETC ETC..
You are on the right path... Structure it and you will realize there is millions "dollars" to be made protecting those who don't know better.
Most people are quite because they don't know who to point a finger too and how to get experts to defend them...
Thank you for the comment and advise given - changes will be made accordingly.
I concur - that the issues arising in this industry are still uncatered for. Individuals are unaware of their rights and how to go about to protect them -there is much need for a stricter telecommunications regulatory framework, consumer protection, privacy and data protection laws - the list is endless.
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