Common Law Copyright – Amicus Brief and a Thanks from Kimra and EASL

Thanks to those of you who joined our call last Friday with Charlotte Towne (EASL Chair), Davey Jay (EASL Chair-Elect), and Rob McNeely (one of the brief’s authors).

Special thanks to Mike Colitz for moderating the call and to Michael Chesal, Mark Stein, Doug McDonald, Joe Englander, and James Stephan for digging into legal arguments that EASL found helpful.

For the record, no new vote was taken and our vote in support of the brief (submitted to the BLS on Monday, September 26) was based on the outline circulated by EASL.  I am told that, because of timing issues, it is not uncommon for the section not to have a brief prior to being asked to take a position. It is my understanding that our vote is interpreted in that context.

I have forwarded Charlotte’s note of appreciation and the brief EASL filed today.

Thanks again and enjoy!

-Kimra

 

———- Forwarded message ———-
From: Charlotte Towne <legal@charlottetownelaw.com>
Date: Thu, Sep 29, 2016 at 8:32 PM
Subject: EASL Amicus Curiae Initial Brief
To: Kimra Major-Morris <kimra@majormorrislaw.com>
Dear Kimra,

Thank you again for organizing the conference call earlier this week between our EASL representatives and your IP Committee members to discuss EASL’s position in its Amicus Brief in support of Flo & Eddie, Inc.  The discussion was helpful and inspired us to address some of the questions raised during the call more thoroughly in the brief.  It was filed today.  Attached is a copy.  Please feel free to share our brief with your members.  We hope you enjoy reading it.

Sincerely,

Charlotte

amicus-curiae-initial-brief-easl

CADRA Enacted by Florida Legislature

The Computer Abuse and Data Recovery Act (CADRA), Fla. Stat. § 668.801, was signed into law by Governor Scott on May 14, 2015 [click for a .pdf of CADRA]. After approval by the Business Law Section, CADRA was introduced into the Florida Legislature by Sen. Hukill (Ocala) and Rep. Spano (Riverview).

The Act was a result of nearly 20 meetings over a 2 ½ year period with members of the Computer Law, Intellectual Property and Business Litigation Committees. Robert Kain spearheaded the Task Force to draft and hone the proposed legislation, with support from many members of these committees, including, in alphabetical order:
Kimberly Bursum
Michael Chesal
Jude Cooper
Ury Fischer
Larry Kunin
Russ Landy
Sam Lewis
Jim Murphy
Andy Ostrow
Woody Pollack
Joel Rothman
Mark Stein
Dineen Wasylik

CADRA creates a remedy for business owners harmed by persons who abuse passwords and security controls on computers and computer-based information and programs. The law goes into effect October, 2015.

I thank everyone on the IP Committee who gave their time and insight to the drafting and legislative process, with a special thank you to Robert for taking the lead.