On March 18, the Financial Crimes Enforcement Network of the Treasury Department (FinCEN) issued guidance on the application of its regulations: 'Application of FinCEN's Regulations to Persons Administering, Exchanging, or Using Virtual Currencies.' Much of its attention is focused on the bitcoin, a virtual currency introduced in 2009, although this currency is not mentioned by name.
While Internet applications of ADR are neither technologically nor legally restricted to disputes arising out of Internet transactions, it seems to be particularly suitable for the resolution of e-commerce disputes when parties are frequently located far from one another.
Smart companies understand that the power of user generated content (UGC) is that it is at least somewhat out of control. They craft their brand strategies accordingly, using social media to address customer concerns directly and publicly, rewarding social media influencers and picking their battles. But still, the courts remain full of litigants who do not seem to get the message. In particular, some businesses continue to attempt to use intellectual property law to stop customers from sharing their experiences on the Internet.
Jury Instructions for Implied Contract Cases
No Safe Harbor for Uploads of Pre-1972 Sound Recordings
The 'Dendrite test,' has discouraged lawsuits whose real objective is identifying anonymous speakers. Prior to Dendrite, thousands of lawsuits were filed each year seeking to identify Internet speakers, and enforcement of subpoenas was almost automatic. Since Dendrite, both the number of lawsuits designed to identify Internet speakers and the automatic nature of the enforcement of those subpoenas has declined due to the broad application of Dendrite. Recently, an appellate court in Warren Hospital v. John Does (1-10) has limited the application of Dendrite.
Highlights of the latest intellectual property news from around the country.
A California district court has denied cross summary judgment motions in a case that has implications for fair use analysis under copyright law and DMCA litigation.
The calls for amending the Computer Fraud and Abuse Act (CFAA) have grown louder. In response, several bills have been introduced in Congress offering amendments to the CFAA. The question is whether Congress will use this opportunity to draft a law that attempts to reflect the interests of all U.S. citizens or simply increase the criminal penalties for violating the CFAA so as to appear tough on crime.
On May 15, the Federal Trade Commission (FTC) sent letters to more than 90 businesses, informing them that they could potentially be in violation of the Children's Online Privacy Protection Act (COPPA) when changes to the law go into effect on July 1.
Panelists discussed everything from roadblocks for successful operators to sell their franchises, to proper use of advertising funds, to whether franchise executives should appear on the TV show "Undercover Boss" during the opening panel discussion at the IFA's 46th Annual Legal Symposium in Washington, DC, in May.
