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Advances in digital distribution technologies and widespread use of the Internet have moved media distribution technology out of the control of rights holders and distributors, and directly into the hands of consumers or creative members of the general public. To address how U.S. copyright law should apply to new business models that take advantage of these technologies, some have proposed collective rights licensing at the Internet service provider (ISP) level.
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Sweepstakes and contests have become popular in mobile promotion. However, because sweepstakes and contests are highly regulated, a marketer using a mobile device must comply not only with mobile-messaging laws and regulations, but also with those governing sweepstakes and contests. Indeed, text messaging as a sweepstakes-entry method has brought much consumer litigation in recent years.
Online auction giant eBay Inc. was hit with a $3.8 billion patent-infringement lawsuit last month. XPRT Ventures LLC, which holds patents covering e-commerce payments and methods, filed suit in U.S. District Court for the District of Delaware against eBay and several subsidiaries, including PayPal Inc. and StubHub Inc. The suit alleges infringement of six XPRT patents covering e-commerce payment systems and that eBay misappropriated information provided in confidence.
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When it comes to infringement of intellectual property, there are no "IP police" hiding in the obscure nooks and crannies of cyberspace to chase down those who misuse property online. Instead, the e-commerce firm itself often must become its own IP cop, when it discovers ' as it inevitably will in the online free-for-all ' that its marks, copyrighted content or knockoffs of its unique products appear on the Web site or in the e-catalog of a competitor.
While it can enhance a trial presentation, not every trial will benefit from the use of technology, and in many instances it can be an expensive hindrance rather than an asset. It may be wise to use technology judiciously.
In last month's newsletter, we discussed a case in which a South Carolina plaintiff avoided dismissal of a medical malpractice case on motion for summary judgment by relying solely on the defendant medical care facility's violation of its own polices and procedures as evidence of negligence. We conclude the discussion herein.
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In today's climate of increasing concern about medical malpractice liability, is it safe for a doctor to give advice when asked by a treating physician?