Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Search


What's Old Is New in Web Site Protection
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
Highlights of the latest intellectual property news from around the country.
The Tweet 16
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
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
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
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
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
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
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
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.

MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
    Read More ›
  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
    Read More ›