Cyber Law: Software and Computer Networks (Litigator Series)

This casebook contains a selection of 108 Federal Court of Appeals decisions that address legal issues touching on the interaction of software, computer networks and the Internet. The selection of decisions spans from 2001 to the date of publication. For each circuit, the cases are listed in the order of frequency of citation. The most cited decisions appear first.
We highlight the following cases decided in 2012:

• Patco Const. Co., Inc. v. People's United Bank , 684 F. 3d 197 (1st Cir. 2012) addresses the question whether a bank's security procedures for eBanking are commercially reasonable under Article 4A of the UCC. The Article governs the rights, duties, and liabilities of banks and their commercial customers with respect to electronic funds transfers.

• Viacom Intern., Inc. v. YouTube, Inc. , 676 F. 3d 19 (2nd Cir. 2012) interprets the "safe harbor" provision of the Digital Millennium Copyright Act (DMCA) that limits the liability of online service providers for copyright infringement that occurs "by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider."

• Rearden LLC v. Rearden Commerce, Inc. , 683 F. 3d 1190 (9th Cir. 2012) identifies some of the factual questions that may need to be addressed when cybersquatting is alleged.

• Akamai Technologies, Inc. v. Limelight Networks , 692 F. 3d 1301 (Fed. Cir. 2012) discusses the situation where a distributed computer network allegedly replicates a patent's processes but individual actors are not directly infringing the patent.