Net News
March 30, 2012
Privacy Class Actions Filed Against Google in DC, Maryland<br>Feds Release Internet Privacy 'Bill of Rights'
Technology Can Cap Internet Facilitators' Liability
March 30, 2012
Advances in Internet technology have increased facilitators' capacity to ameliorate Internet bad acts automatically. Failure to employ such technology may result in more liability for Internet facilitators for preventing bad acts online.
Analyzing Novel Issues in Internet Jurisdiction
March 30, 2012
This article discusses jurisdictional issues involving online copyright infringement, as well as the emerging issues surrounding disputes involving BitTorrent file-sharing technology.
Is the First Amendment in Digital Decline?
March 30, 2012
On Feb. 23, 2012, a previously sealed decision dated Dec. 9, 2011, was released that illustrates the collision of online digital anonymity, the First Amendment, and prosecutorial prerogative.
Can an Employee Steal Social Media Influence?
March 30, 2012
As employment disputes commonly involve communications between or among employees, management and customers, it should come as no surprise that social media's role in workplace disputes has drastically increased in the last year. This article discusses recent social media cases and makes recommendations for what employers can do to better protect confidential information and trade secrets.
Does the CDA Bar State IP Claims?
March 30, 2012
It is clear that there is no immunity under the Communications Decency Act of 1996 for copyright, patent and trademark law. What remains an open question ' and the subject of conflicting judicial interpretations ' is whether state intellectual property claims such as appropriation of rights of publicity are barred.
Random House Suit Brings Renewed Push For 'E-Book' Rights in Older Contracts
March 30, 2012
The e-book format continues to be a growing force in book publishing. Worldwide sales are predicted to reach nearly $10 billion by 2016 ' compared to $3.2 billion in 2011. Current publishing agreements offered by book publishers unambiguously transfer electronic rights as well as print rights. But whether licenses granted by authors in older book publishing agreements can be construed to embrace this new technology is a major question for the industry. The answer will determine whether traditional publishers, or authors and the digital startups that some of them now choose to license to, will control e-book publishing of lucrative classic titles. This
Fair Use Analysis Before Takedown Notice Is Asked for By Another Federal District
March 30, 2012
In 2009, the U.S. District Court for the Northern District of California startled copyright owners in ruling that, to comply with the "good faith" requirement the DMCA, content proprietors must conduct a fair-use copyright analysis of unlicensed online uses of their works prior to sending a takedown notice. Now a federal magistrate for the U.S. District Court for the District Montana has adopted the <i>Lenz</i> fair use rule.
Online Gaming in New Jersey Remains a Crapshoot
March 30, 2012
A recent opinion issued by the DOJ brought New Jersey residents a step closer to being able to participate in legal online gaming. But for the games to begin, the state legislature must pass a bill that Gov. Chris Christie believes satisfies state constitutional requirements.
