Features

How to Obtain Subpoenas for Identifying ISP Users
This article focuses on a recent federal court decision, to explain how the well-developed law provides plaintiffs asserting a wide range of claims with the ability to proceed while protecting ISPs and, correspondingly, how it ultimately means that defendants who otherwise could remain anonymous may have to defend themselves in court.
Features

NFTs and Virtual Patent Marking
Patent marking is an important step in the patent lifecycle as it is generally required to seek damages from infringers prior to the date the suit is filed. While virtual marking has somewhat reduced the overhead of marking, it suffers from the same problems all Internet-based evidence runs into in court: websites are ephemeral and have intermittent accessibility, as well as poor public logging of when information existed where, and for how long. NFTs on a digital blockchain could potentially overcome these hurdles, while still providing the benefits of virtual marking via websites.
Features

Protecting a Website's Legal Identity
Protecting an internet site's legal identity begins with the settled proposition that domain names are a form of personal property. The classification of a domain name as property allows the owner to register the domain name with the United States Trademark Office. Additionally, a domain name owner may state a claim for conversion against an entity that unlawfully interferes with the domain name property.
Features

Where Does Content Use Stand Now After Recent Rulings on 'Embedding' Foreshadow Circuit Split?
When and how can you display someone else's visual content on your website without running afoul of copyright law? When and how can someone else display your visual content? A recent ruling out of the Southern District of New York may upend the current paradigm.
Features

Legal Issues Around Tangible Asset NFTs
When a NFT is transferred to another, both the NFT and its copyright are automatically transferred. However, the intellectual property rights associated with the underlying asset may not necessarily be automatically transferred, unless stated otherwise.
Features

How to Fight Online Defamation
Internet tools are becoming more sophisticated in measuring the impact of disparaging and defamatory online statements, paving the way for affected business owners and celebrities to fight back by filing defamation suits seeking to recover damages for the harm to their reputation and brand value.
Features

Defamation Investigations: A Big Leap in Fighting Back
Internet tools are becoming more sophisticated in measuring the impact of online disparaging and defamatory statements, paving the way for affected business owners and celebrities to fight back by filing defamation suits seeking to recover damages for the harm to their reputation and brand value.
Features

SCOTUS Narrowly Interprets CFAA to Avoid Criminalizing 'Commonplace Computer Activity'
The Court held that only those who obtain information from particular areas of the computer which they are not authorized to access can be said to "exceed authorization," and the statute does not — as the government had argued — cover behavior where a person accesses information which he is authorized to access but does so for improper purposes.
Features

Supreme Court Narrowly Interprets CFAA to Avoid Criminalizing 'Commonplace Computer Activity'
The Court held that only those who obtain information from particular areas of the computer which they are not authorized to access can be said to "exceed authorization."
Features

3d Circuit Hears Case on Interaction of Publicity Rights and the CDA
Likening his client's claim to that of an athlete with a monetizable image, an attorney representing TV reporter Karen Hepp, who is suing social media websites over misuse of her likeness, recently argued to the U.S. Court of Appeals for the Third Circuit that the case should fit a narrow exception to a federal law that bars suits against online content providers.
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