Recent Rulings Highlight Software Licensing Disputes
August 20, 2010
This article discusses software licenses generally, the availability of copyright and contract claims in the event of a breach, and other areas of disagreement that may arise in a software-licensing dispute.
Unconstitutional Burdens
August 20, 2010
Record-breaking budget shortfalls have caused states to search outside the box for revenue-raising tools that many argue are unconstitutional and violate the consumer privacy that online shoppers have come to expect. Today, with so much of retail activity conducted over the Internet, states are struggling with revenue losses stemming from this constitutional restriction. States are reacting by becoming ever more creative in their attempts to capture this lost revenue by adopting new laws aimed at circumventing the Commerce Clause restrictions.
Getting Users to Adopt New Productivity Tools
July 29, 2010
Getting people to adopt productivity-enhancing technology tools requires a thoughtful, meticulous approach. It's not just a matter of installing a tool on everyone's desktop and then hoping for the best.
The DMCA Safe Harbor Provision Is Stronger Than Ever
July 29, 2010
Even as the economy continues to slowly recover from this recession, online sales are still booming, accounting for more than $200 billion over the past year. As the marketplace shifts from the sales counter to the desktop, counterfeiting and software piracy have also shifted to the virtual world. For copyright and trademark owners, this creates a constant stream of newly evolved infringing activities to monitor.
<b><i>Commentary:</b></i> Comparing Collective Licensing Proposals For Internet Licensing of Copyrighted Content
July 29, 2010
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.
Stop in the Name of ' the IP Police?
July 29, 2010
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.
The Toyota Recall Crisis: More Than a Re-TREAD
July 29, 2010
If this were an article about Toyota's actions and inactions, it could stop here. But it is really about the proposed "Motor Vehicle Safety Act of 2010." This legislation, engendered by the Toyota recalls, makes TREAD (Transportation Recall Enhancement Accountability and Documentation Act)sem minor by comparison.
Practice Tip: Twombly and Iqbal Are Everywhere
July 29, 2010
The impact of <i>Twombly</i> and <i>Iqbal</i> on the pleading standard in federal motions to dismiss has been well documented during the last several years. This article examines the impact that these important cases have had when fraudulent joinder becomes an issue.
Establishing Diversity in Medical Device Litigation
July 29, 2010
A medical device manufacturer served with a product liability lawsuit in state court often prefers to be in federal court, but diversity jurisdiction requirements cannot be met because a local hospital that purchased the device and supplied it for use on the plaintiff-patient is a non-diverse co-defendant.
