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July 20, 2010
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Intellectual Property News

 

North Carolina Man Charged With Illegally Accessing American College Of Physicians Database

PHILADELPHIA -- United States Attorney Pat Meehan today announced the return of an indictment (1) charging William Bailey, Jr. of Charlotte, NC, with 11 counts of computer intrusion. Bailey is charged with getting unauthorized access to the membership database of the American College of Physicians in Philadelphia and downloading information regarding more than 80,000 members.

Bailey runs a business in North Carolina that markets databases to people interested in marketing to physicians, dentists, lawyers and other professionals. The indictment charges that between January and May 2005, Bailey gained unauthorized access to the computer at American College of Physicians and downloaded the membership database.

The ACP website contained the following restriction on its use. A viewer had to read this warning before getting access to the membership database:

"Member Connection" or any of its data or listings may not be downloaded, republished, resold or duplicated, in whole or in part, for commercial or any other purposes, or for purposes of compiling mailing lists or any other lists of physicians. The use of ÒMember Connection" to establish independent data files or compendiums of statistical information is prohibited.. . . Should the foregoing terms and conditions be acceptable to you, please indicate your agreement and acceptance by clicking below on the button labeled, "I accept."

"As the indictment alleges, the defendant was not an ACP member, knew he couldnÕt gain access to the database and download the information that he wanted, so he ignored the stop signs and the law,Ó said Meehan. Meehan also noted that the American College of Physicians called the FBI immediately and cooperated during the investigation.

If convicted, Bailey faces a maximum possible sentence of 55 years imprisonment, $2,750,000 in fines and a special assessment of $1100.

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Did You Know?    
 
 
Safeguarding inventions leads to a strong economy.
Japan, The United States and The Netherlands protect inventions. They know safeguarding these IP rights fosters economic growth and job security.

 


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News about Intellectual Property cases in Montana and nationwide:

Justice Department Announces Fifth Guilty Plea In P2P Piracy Crackdown
A fifth defendant has pleaded guilty in connection with Operation DElite, the first criminal enforcement action targeting individuals committing co...
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USPTO Grants First Patent Under New Accelerated Review Option
The Department of Commerce's United States Patent and Trademark Office (USPTO) today announced it has issued the first patent under its accelerated...
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USPTO Symposium On Internet And Intellectual Property Crime
The United States Patent and Trademark Office (USPTO) and the United Nations Economic Commission for Europe-Advisory Group on the Protection a...
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Intellectual Property Terms

 


Today's Terms

Embodiment

Definition:
A manner in which an invention can be made, used, practiced or expressed.

Misappropriation

Definition:
A common-law form of unfair competition where the defendant has copied or appropriated some item or creation of the plaintiff that is not protected by either patent law, copyright law, trademark law, or any other traditional theory of exclusive rights.

Transfer of copyright ownership

Definition:
This is the act of transferring any or all of the exclusive rights comprised in a copyright from the copyright owner to another person or institution. Ownership is generally transferred through an assignment, mortgage, or exclusive license, whether or not it is limited in time or place of effect, but not including a nonexclusive license.

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Intellect. Property Resources

 


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Intellectual Property Hot Topics

 


Topics Related to Intellectual Property:

  • Copyright Issues
  • Patents
  • Trademarks
  • Unfair Competition Concerns
  • Right of Publicity Questions
  • Confidentiality Agreement
  • Patent Corporation Treaty

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Montana Intellectual-Property Attorney

 
If you live in the following cities and need an Intellectual-Property attorney you should contact our Intellectual-Property Attorney as soon as possible:

  • Belgrade
  • Billings
  • Bozeman
  • Butte
  • Columbia Falls
  • Great Falls
  • Hamilton
  • Havre
  • Helena
  • Kalispell
  • Laurel
  • Libby
  • Livingston
  • Miles City
  • Missoula
  • Polson
  • Whitefish
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