Virtual Worlds And Digital Rights
Today's virtual worlds -- sometimes also called digital or synthetic -- evolved from text-based role-playing games such as Dungeons & Dragons. The predecessors of the "Massively Multiplayer Online Role-playing Games" (MMPORGs) of today began for the most part in the late 70s and early 80s when various individuals first engaged in the role-playing game behavior online. The online text-based commands and prompts allowed the players to act out various fantasies without the close proximity requirement that is inherent in the earlier written and oral gaming forms. As the online technology grew, so did the nature and complexity of the interactive games, including the addition of videogame graphics to the text-based game elements. In the '90s, the current state of online MMPORGs began offering a real-time socially interactive component that was not available on traditional offline console gaming. While the physical space and landscape is simulated in the virtual environment of today, the social interactions are real since virtual characters, or "avatars," in the digital world are controlled and operated by a real person and not just by strict computer code. While these games are currently used mostly as an avenue for play and social interaction, if the proliferation of online entrepreneurship continues, the games will likely be more focused on commerce, research and work or work-related activities.
Decision of Note
The U.S. Court of Appeals for the First Circuit decided, in a ruling of first impression, that a federal court has subject-matter jurisdiction over a suit against a foreign defendant under the Lanham Act only if the protested activities have a substantial effect on U.S. commerce. <i>McBee v. Delica Co. Ltd.</i>, 04-2733.
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Courthouse Steps
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
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Bit Parts
Recent developments in entertainment law.This month:Executive Compensation Deals/ Stockholders' Suit.Video Games/Use of Likeness.
Finding Good Faith and Fair Dealing In Entertainment and Sports Relationships
Contractual interpretation can be a thorny business. Yet it pales in comparison to the treacherous waters that surround supposed duties nowhere to be found in the language of a contract -- and that may never have been negotiated or discussed by the parties. For many entertainment and sports professionals, the most significant and far-reaching of these implied duties is the duty of good faith and fair dealing that courts read into every contract. As straightforward as the obligation sounds when described in general terms, it can be vexing to determine what particular conduct it may require in specific situations. What's more, the reported decisions construing the obligation tend to be highly fact-dependent, thus providing only limited guidance.
Sports Report
This occasional column covers court rulings on sports-related issues of interest to the entertainment industry.
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Software Review: Needles Case Management Software
Javerbaum Wurgaft Hicks & Zarin is a tort litigation firm based in Springfield, NJ. The firm consists of six partners, associate attorneys, and support staff. We have used the Needles Case Management Software System since 1991 (at that time, it was called PINS, which was the DOS-based version of the program). The firm, at the time, was looking for a program that would organize the office and streamline casework. We were swamped with paper files and though we had a case flow, it was disorganized. Today, with 20 people in the office using the Needles program to manage cases, our firm is more organized than ever before.
VoIP: Insource Or Outsource?
Often, the most effective way to tackle the challenge of improving responsiveness as clients demand more immediate access to attorneys and legal advice, is by fortifying our communications systems in order to foster quicker and more efficient collaboration between attorneys, counselees, subject matter experts, and other legal professionals. As a multi-office legal organization, we achieved this by switching to a Voice over IP (VoIP) phone system that provides redundancy and reliability, streamlines the management of call flow, protects internal resources, and provides measurable cost-savings. In our experience, VoIP is a valuable technology for any productive legal organization.
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