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What's Old Is New in Web Site Protection
February 26, 2009
In the early "wild west" days of the Internet, legal remedies always seemed a step behind the intellectual property dilemmas presented by the new technological medium. Congress has gradually responded by enacting new laws to tackle high-tech loopholes, and the courts have creatively applied traditional concepts in an effort to prevent unscrupulous people from exploiting others' Internet-based intellectual property.
IP News
February 26, 2009
Highlights of the latest intellectual property news from around the country.
The Tweet 16
February 26, 2009
When it comes to social media, I tend to be an evangelist. But even I could not grasp why so many lawyers were all atwitter over Twitter. What value could there be in a microblogging tool that limits each post to 140 characters? So I strapped on some wings and gave it a try. In no time at all, Twitter turned me into a songbird ready to sing its praises.
Gripe Sites: Sue or Stew
February 26, 2009
Grip sites tell a business what some customers think, even though their opinions are not necessarily those that the business wants to hear ' and certainly not those that it would want other customers or potential customers to hear. They could serve as a warning system to companies that their products or services are not being well received and that they are suffering from bad word of mouth. Gripe sites also, theoretically, add to the public good as forums for discussion and create better-informed customers. But there are, or should be, many other and better ways to obtain this information, such as through a company's own Web site and toll-free customer service numbers.
Bit Parts
February 26, 2009
False Endorsement/No Preemption<br>Song Copyright/Implied License<br>Video-Game Statutes/Unconstitutionality
A New Concern for Content Licensors: Perpetual Licensees Deemed to Be Owners
February 26, 2009
Two courts in the Ninth Circuit have recently addressed how to differentiate between an 'owner' and a mere 'licensee' for purposes of rights under the Copyright Act, and have reached decisions that might surprise many practitioners.
Assessing Challenge To Damages in File-Sharing Litigation
February 26, 2009
The recording industry estimates that music piracy has cost it billions of dollars during the past 15 years. Facing the potential for an industry-wide collapse, the RIAA undertook its aggressive litigation campaign to protect itself and its constituents from copyright infringement by suing individual file sharers. After fighting a public relations battle over some of its tactics, the RIAA has chosen to temper its aggressiveness. The RIAA is instead forming relationships with ISPs that maintain the online accounts of the consumers.
Cameo Clips
February 26, 2009
COPYRIGHT INFRINGEMENT/RULE 12(b)(6) DISMISSAL<br>THEATRICAL OPTIONS/FUTURE ENFORCEABILITY
<b>Counsel Concerns:</b> Severability Used In Malpractice Suit Over California Talent Agency Act
February 26, 2009
In January 2008, the California Supreme Court decided that the doctrine of severability of contracts could be applied to the state's Talent Agencies Act (TAA). Under the supreme court's ruling, a personal manager's activities as an unlicensed talent agent may be severed from the manager's legal activities, the latter still being commissionable from the artist by the manager.
Business Manager Denied New Trial In Malmsteen Case
February 26, 2009
The U.S. District Court for the Southern District of New York refused to grant a judgment as a matter of law or for a new trial for the former business manager of musician Yngwie Malmsteen in a suit by the musician over missing income.

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