Clause & Effect
Net-Profit Rights/Movies Based on TV Shows<br>Insurance/Contract-Breach Exclusion<br>Insurance/Copyright-Infringement Coverage
Read More › Features
Fair Use Analysis Before Takedown Notice Is Asked for By Another Federal District
Stan Soocher
In 2009, the U.S. District Court for the Northern District of California startled copyright owners in ruling that, to comply with the "good faith" requirement the DMCA, content proprietors must conduct a fair-use copyright analysis of unlicensed online uses of their works prior to sending a takedown notice. Now a federal magistrate for the U.S. District Court for the District Montana has adopted the <i>Lenz</i> fair use rule.
Online Gaming in New Jersey Remains a Crapshoot
Dennis M.P. Ehling, Stephen D. Schrier,
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Eric G. Fikry
A recent opinion issued by the DOJ brought New Jersey residents a step closer to being able to participate in legal online gaming. But for the games to begin, the state legislature must pass a bill that Gov. Chris Christie believes satisfies state constitutional requirements.
Features
New York Will Be e-Commerce Case Forum, Not Florida As Terms Say
Christine Simmons
A Long Island resident who bought 50,000 pairs of tube socks from a Florida-based "closeout" merchandiser can pursue a claim against the supplier in New York court, a judge has ruled.
New European Data Protection Regulation Draft
Dr. Lars Lensdorf
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Michael Lear-Olimpi
The proposal would unify EU data-protection regulations among member states. This change would allow closer cooperation among law-enforcement agencies and courts in EU member nations to protect data, safely share citizens' personal data only among authorized parties, and help police detect and catch personal-data privacy violators.
Features
The America Invents Act
Robert A. Armitage
The law is, no question, significant ' even record-setting ' patent legislation. For proponents, the new law holds the promise of accomplishing two things, each of which is potentially profound, and each of which applies not only to traditional markets, but to e-commerce as well.
New Briefs
ALM Staff
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Law Journal Newsletters
Highlights of the latest franchising news from around the country.
Court Watch
Charles G. Miller
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Darryl A. Hart
Highlights of the latest franchising cases from around the country.
Features
Arbitration: One More Look at Its Virtues and Vices
Rupert M. Barkoff
For several years, I have felt like Hamlet when I ruminate on the subject of arbitration clauses: To include, or not to include, an arbitration clause in the franchise agreements I draft.
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