Open To Liability
November 29, 2005
Open-source software is a boon to computer programmers: by sharing the source code for freely released software, anyone (with the skill) can modify it for his or her, or that person's business', own needs. And, as attorneys and business people are aware, the no-longer nascent and quickly growing movement for open-source software has this business-boon tool finding its way into many companies' programming departments. <br>It's also finding its way into their lawyers' offices, because the licensing requirements of most open-source software are creating new concerns, and new work, for lawyers serving the tech industry.
Internet Ticket Sales
November 29, 2005
Generally, Internet ticket providers are in the business of buying and selling tickets to such events above the face value of the ticket. Some people have equated such Internet ticket providers with ticket scalpers, and claim that they are acting unlawfully. In particular, some state anti-scalping laws have been applied to Internet ticketing transactions, resulting in criminal and civil sanctions. But the application of proper Internet notices and appropriate Web site access limitations may render such state anti-scalping laws moot.
The Chinese Restaurant Menu And Yogi Berra Approach To e-Commerce Contracting
November 29, 2005
e-commerce contracts don't always follow the rules of traditional drafting. Although e-commerce has existed for several years, few attorneys or firms have large bodies of forms from which to draw for drafting e-commerce contracts. Even a leading online contract-forms site, www.onecle.com, which extracts forms from SEC filings, doesn't have a category for e-commerce contracts. (Searching that site by company, however, quickly identifies several e-commerce companies' actual contracts.) <br>The absence of "standard" e-commerce forms should not be surprising to anyone involved in the development of online business over the last decade. The hallmark of e-commerce has been innovation, as entrepreneurs try, and then discard, new business models at a furious pace in their quest for dominance of a new landscape. As a result, many e-commerce contracts are sui generis ' they don't follow a model. Each deal has unique aspects, which must be considered separately and covered by one or more agreements. If the drafter wants to protect his or her interests adequately, then the form of a traditional agreement should not dictate the content of an e-commerce contract.
Sending The Work Out Demands Focus On Software- Related Legal Issues
November 29, 2005
The centrality of computer technology to all outsourcing transactions means that legal and compliance i's and t's must be dotted and crossed when it comes to software. <br>A recent case illustrates the difficulties that can arise in an outsourcing environment when the lines of responsibility for compliance with third-party software-licensing requirements are not clearly drawn between the customer and the outsourcing firm.
Staying Up To Speed In A Fast-Changing e-World
November 29, 2005
The last few years have seen a seismic change in electronic discovery, driven largely by concerns about electronic records, with which e-commerce ventures deal in growing multitude. And, as logic would dictate, recent independent surveys of corporate general counsel confirm that companies have been taking steps to formalize their preservation practices when litigation or enforcement activity becomes reasonably likely. <br>But a 2003 survey conducted by the e-consulting firm Cohasset Associates found, for instance, that 46% of the companies the firm surveyed had not established any formal system for preserving records, and the litigation-hold policies of 65% did not address electronic documents. Not the wisest approach to sound business practice in these days of proliferation of e-commerce, e-records and, in the realm of corporate and business law practice, e-discovery.
Index
November 29, 2005
Everything in this issue, in an easy-to-follow format.
