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Google, Geico Both Claim Victory In the ongoing saga of Geico v. Google (E.D., Va., 1:04-cv-00507-LMB-TCB), U.S. District Judge Leonie Brinkema issued…
The law breaks property into two categories: real and personal. If the object of a transaction is found to be personal property, it is subsequently categorized as either tangible or intangible. Although broadly categorized as personal property, Internet property has characteristics of both tangible and intangible property. Consequently, attorneys must take the special nature of Internet property into consideration when attempting to resolve legal difficulties relating to an Internet transaction.
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.
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.
Features
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Features
Recent developments in entertainment law.This month:Executive Compensation Deals/ Stockholders' Suit.Video Games/Use of Likeness.
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.
This occasional column covers court rulings on sports-related issues of interest to the entertainment industry.