The vast majority of terms of service (TOS) on websites are unenforceable. Companies spend a great deal of time and money in crafting what they believe to be appropriate TOS, which they hope will provide them with the various protections, safe harbors and advantages needed in dealing with the public or in transacting business. Unfortunately, in most cases those bits will not have any legal bite.
Long-arm jurisdiction over non-domiciliaries is an issue that continues to bedevil practitioners and litigants in the Internet age.
Fifty years ago, the U.S. Supreme Court held that the collection of royalties after a patent's expiration constitutes per se patent misuse. Although criticized by scholars, antitrust agencies and the lower courts, Brulotte has not only endured, it has impacted licensing practices in a number of contexts. All that may change, however.
Discussion of two key rulings.
Recently at the U.S. Court of Appeals for the Second Circuit, a lower court ruling that Google Books' digital library isn't copyright infringement came under attack.
Cookies are either a benign method for furnishing Internet users with relevant advertising or they are the foundation of a pernicious invasion of privacy, lawyers argued in front of the Third Circuit last month.
Consolidation is one of several ongoing battlefields in the development of arbitration in America. Consolidating arbitrations among different parties can reduce costs, enhance efficiency and avoid inconsistent decisions. In practice, however, attempts to consolidate arbitrations without the consent of affected parties has resulted in costly litigation, long delays, and legal uncertainties that undermine the benefits of arbitration.
Former Blue Notes Member Loses Suit Over DVD of Soul Train Performances
"Whoomp!' Song Rights Go To Alvert Music.
A look at a key ruling.
In-house counsel for eBay Inc., Google Inc. and the National Music Publishers' Association agreed last month that the U.S. copyright system needs improvement, but they offered different views about how to approach reform.
