Safe-Harbor Considerations For Web Videos
October 29, 2007
From YouTube's perspective, taking burdensome steps to prevent the posting of potentially infringing content could destroy the business model and consumer goodwill upon which it relies. [Although YouTube recently announced it was tesing a new copyright filtering process.] This information sharing/rights protection dilemma is not solely limited to YouTube ' many Web sites and other service providers face decisions every day concerning the propriety of user-generated content. The U.S. Copyright Act may provide a critical solution to that dilemma.
Retroactive Move Doesn't Block Copyright Suit
October 29, 2007
Copyright-infringement claims can go forward against Mary J. Blige, the 'Queen of Hip-Hop Soul,' the Second U.S. Circuit Court of Appeals ruled, reversing a lower court determination. <i>Davis v. Blige</i>.
Navigating the Potential Traps in Licensing Content for Online Uses
October 29, 2007
Copyright owners who are considering licensing their content for online exploitations must understand that they are venturing into still largely uncharted waters with few reliable partners. It's better than it was in 2000 ' or even 2003 ' but it's still not an entirely stable environment with dangerous shoals along the route. Don't assume that words you have seen in contracts for decades have the same meaning to your online licensee as they would to a court.
In re Allied Chemical Corp.: 'Cause' for Celebration By Defendants?
October 29, 2007
The Texas Supreme Court has made it clear that it considers the disclosure of the identities of medical or other causation experts willing to link plaintiffs' injuries to defendants' products or behavior as 'basic information' without which defendants cannot mount an appropriate defense. At least in the case of mass tort claims, trial courts are barred from setting trial dates or otherwise moving cases forward without providing defendants with a real opportunity to obtain basic causation information from plaintiffs' counsel.
Practice Tip: The Earning Capacity of Business Owners
October 29, 2007
The owner of a business can claim as lost earning capacity in a personal-injury action only the working time lost due to injuries and harm to future earning capacity, not the business' alleged profits in perpetuity.
Germany: More on The Enforceability Of GPL Provisions
October 29, 2007
Once again, a German court has ruled on the GNU (programs of all-free software) General Public License ('GPL') and confirmed its enforceability in Germany. The judgment was handed down on July 24 (Landgericht Mnchen I, decision of 24th July 2007 - 7 O 5245/07 - not final); still, it is noteworthy that the GPL provisions so far have received positive evaluation by German courts.
Dealing with the Surprise Government Interview
October 29, 2007
When conducting criminal investigations about possible corporate wrongdoing, in alleged defective-products matters and other cases, government agents often seek to interview company executives and other employees ' of old-line bricks-and-mortar and e-commerce companies ' 'by ambush' outside the office, to minimize the likelihood that a supervisor or a company lawyer might intervene to thwart the interview. There is nothing improper in using this investigative technique; nevertheless, employees should know their legal rights and understand the risks they take when they submit to such surprise interrogations.
The China Syndrome: Will the U.S. Legal System Deal with Tainted Chinese Imports or Meltdown?
October 29, 2007
The 'classic' product liability lawsuit against the Chinese manufacturer raises many issues, including, but not limited to, jurisdiction, forum non conveniens, and the uncertainty as to whether traditional U.S. product liability or tort defenses apply. Probably the most important issue, enforcement of any judgment in China, is also either unchartered or risky territory for a claimant.
e-Telephone Privacy
October 29, 2007
At low cost and widening availability, VoIP is common in business, and might be used at a greater volume and frequency among tech and e-commerce companies, thus making it a technology and a commodity to watch. Unfortunately, for consumer and businessperson alike, a concealed cost of VoIP service might be a user's privacy. That's because traditional telephone privacy is strictly sheltered by existing case law and statute, while VoIP, it could be argued, is unprotected in many instances.
