Perfect 10 v. Google: Ninth Circuit Sanctions Web Site Framing, Online Thumbnail Displays
July 31, 2007
How fast do things change in 'Internet time'? That was in substance one of the questions posed in a recent Ninth Circuit decision in <i>Perfect 10 v. Google</i>, No. 06-55405, 2007 U.S. App. Lexis 11420 (9th Cir. May 16, 2007), which considered, <i>inter alia</i>, whether a less-than-four-year-old fair use precedent validating an image search engine had been overtaken by subsequent events. Not so fast, answered the Ninth Circuit in a lengthy decision destined to provide important guidance to online enterprises on a range of Internet copyright issues.
WALK THE WALK - DON'T TALK THE TALK
July 30, 2007
Walking the walk means following through on what got you selected by inside counsel in the first place. Where 68% of law firms rate themselves an "A" for serving their clients, only 19% of in-house counsel would agree. This is according to the recent 18th Annual Survey of General Counsel by INSIDE COUNSEL. We will be spending the next several weeks reviewing how to avoid this disconnect and what in-house counsel expect their new firms…
Gender Discrimination Claims After Ledbetter
July 30, 2007
Recent action taken by the Equal Employment Opportunity Commission ('EEOC') and the U.S. Supreme Court show that gender discrimination issues continue to influence employee relations.
EEOC Thinking Big
July 30, 2007
Part One of this article discussed the EEOC's plans to implement its new Systemic Discrimination Initiative, describing what the initiative is, why it is important and the first two steps in the implementation: identifying systemic cases early and often, and involving lawyers from the start. The conclusion discusses the next four steps in the EEOC's plans, and what employers can expect.
Wellness Programs
July 30, 2007
The term 'wellness program' applies to a wide variety of programs designed to improve employee health, including fitness classes, smoking cessation programs, weight loss programs, and medical exams with medical goals based upon the results. Although at first glance these programs seem to be a win-win for everyone ' improved health for employees and reduced costs ' they carry with them a number of inherent legal risks.
Case Briefs
July 30, 2007
Highlights of the latest insurance cases from around the country.
Anti-Piracy Program Offers $1M Bounty To Whistleblowers
July 30, 2007
The Business Software Alliance ('BSA') is escalating its software piracy program by offering $1 million for software piracy tips, up from its previous $200,000 reward. The Washington-based alliance, which launched its software piracy information rewards program in the fall of 2005, will offer $1 million for qualified reports of copyright infringement between July and October. The alliance said it has collected $22 million in settlements with hundreds of companies since starting the program. Many tips are from employees who report their company's use of unlicensed software on office computers.
Federal Court Cancels Arbitration Clause in 'Virtual World' Test Case
July 30, 2007
Not long ago, in a galaxy eerily close to this one, legal pundits predicted that the fanciful realm of online 'virtual world' gaming would come crashing into the harsh reality of earthly litigation. That day has finally arrived in the case of <i>Bragg v. Linden Research, Inc., et al.</i>, serving up a lesson in civil procedure to an attorney with an avatar attempting to avoid arbitration over virtual property rights.
