Obtaining Assent in Today's e-Conomy
This article presents an overview of best practices for ensuring the application of your client's desired terms and conditions in the context of online browsing and sales, as well as software downloads and installations. Last month's Part One covered clickwrap agreements. Part Two covers browsewrap agreements.
The DMCA Safe Harbor Provision Is Stronger Than Ever
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.
Bit Parts
Florida Federal Court Dismisses Book Author's Publicity and Privacy Claims<br>No Access Shown By Plaintiff in Copyright Infringement Action over TV Shows<br>Plaintiff's Counsel Lacked Authority to Settle Suit over TV Series
Cameo Clips
RECORD DISTRIBUTION/EXTRATERRITORIAL IMPACT<br>SONG DISTRIBUTION/PERSONAL JURISDICTION
O'Melveny Firm Sues Bratz Doll Maker for Unpaid Fees
O'Melveny & Myers has filed suit against MGA Entertainment seeking payment of $10.2 million in unpaid legal fees related to the company's long-running legal dispute with Mattel over ownership of the popular Bratz line of fashion dolls.
Judge Dismisses Most Claims over 'Final' Jackson Tour
A federal judge in Manhattan said "Beat It" to most counts in a $300 million suit filed against Michael Jackson's estate, Jackson's ex-manager, Frank Dileo, and Anschutz Entertainment Group (AEG) over promotional rights to the comeback tour the King of Pop was planning prior to his death last summer.
Social Gaming Is Battleground over 'Fast Following'
Litigation in the social gaming sector features young companies vying for position in a lucrative and fast-growing market where copycat games and employee poaching are commonplace. Social gaming is expected to contribute more than $800 million this year to the $1.6 billion virtual goods market. Legal questions continue to surround the sector's ubiquitous practice of "fast following" ' quickly copying competitors' successful gaming concepts.
Entertainer Not Liable for Injured Security Guard
The Superior Court of New Jersey, Appellate Division, reinstated a jury verdict that dismissed a complaint against an entertainer who shoved a security guard, injured as a result, during a performance at the Trump Taj Mahal Casino in Atlantic City.
<b><i>Commentary:</b></i> Comparing Collective Licensing Proposals For Internet Licensing of Copyrighted Content
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.
Txt2Win and Mobile Promos
Sweepstakes and contests have become popular in mobile promotion. However, because sweepstakes and contests are highly regulated, a marketer using a mobile device must comply not only with mobile-messaging laws and regulations, but also with those governing sweepstakes and contests. Indeed, text messaging as a sweepstakes-entry method has brought much consumer litigation in recent years.
