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CLIP-ings: February 8, 2013

Internet Governance
Amazon, Overstock Contest Sales Tax: In a case before a NY appellate court the state argued that online retailers who receive referrals from NY businesses should be deemed to have a “physical presence” in the state and thus required to collect sales tax.


Gun Owner Privacy: In a case related to the publication of gun permit data, a NY court held that even when such records are public significant privacy and safety concerns may justify limiting the release of data.
VA Passes Drone Regulations: The Virginia House and Senate passed a bill that will put a two-year ban on the use of drones by state and local law enforcement, making it the first state to enact restrictions on drone use.

Information Security & Cyberthreats

Rules Of Cyber-Engagement: The Obama administration laid out plans for increasing the size of U.S. Cyber Command forces as well as guidelines for preemptive strikes and responding to foreign cyberattacks.
Malware and Wealth: According to a report by Microsoft wealthier countries are better at protecting computers from malware than developing nations, though other factors play into this correlation such as participation in cybersecurity treaties.

Intellectual Property

Re-Selling Digital Content: Amazon has been granted a patent for re-selling digital files like e-books, audio files, and videos, a service that would likely spark litigation between the online retail giant, Hollywood and ReDigi, a company with a similar patent.
No Profits From Piracy: A UK high court ruled that movie studios do not have a “proprietary claim” to the profits made through illegal file-sharing, holding that copyright infringement is more like trespassing than thievery.

Free Expression & Censorship

Adults-Only Video App: Twitter will require users to verify that they are at least 17 years old before downloading the company’s Vine video app after the proliferation of user-generated sexual content became apparent.

Practice Notes

Color as TM: Just in time for NY Fashion Week, a review of a recent interpretation of the landmark Qualitex case which established that color alone can sometimes fulfill the requirements for trademark protection.

On the Lighter Side

Seriously - JK: The new Secretary of State will sign department tweets with his initials in a gesture that will definitely not confuse anyone.
Editorial Fellows: Grace Nam, Austen Ishii