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The Sixth Circuit for the first time explicitly embraces the "fragmented literal similarity" test for determining whether there is substantial similarity between two works.
In a ruling of first impression, the U.S. District Court for the District of Delaware decided that photographs published on a foreign Web site weren't simultaneously "published" in the United States.
Features
With popularity and subscribership rising, games like World of Warcraft, EverQuest, There and Second Life are big business. Growth has brought litigation. Indeed, some law firms have practice groups addressing this medium's issues.
Because the costs of data breaches can be so astronomically high, the importance of ensuring that e-commerce and other types of firms have insurance to cover such claims cannot be overstated.
Features
Online objections to a corporation's products or services ' posted on "complaint" or "gripe" sites by former employees or consumers, or put elsewhere on the Web ' have a greater potential to be significantly more damaging to the target's operations than more traditional expressions of unhappiness.
For this year-end edition, because I believe that much of e-commerce law and strategy is no different from what is done in offline business (but people must be shown that it often is the same), I will follow suit and offer my own thoughts on the major trends that will affect online business in the next year.
Features
In its decision in <i>Roberts v. Tishman Speyer Properties, L.P.</i>, the Court of Appeals ruled that the current and former owners of the Stuyvesant Town and Peter Cooper Village housing complexes in Manhattan "were not entitled to take advantage of the luxury deregulation provisions of the Rent Stabilization Law ' while simultaneously receiving tax benefits under the City of New York's J-51 program." But there are unanswered questions.
