<b>Commentary:</b> 'Unanimous' Vote In Grokster Has Split Views
July 28, 2005
In its opinion, the Supreme Court clearly focused the test for copyright infringement liability on the subjective question of the purpose of the software's distribution ' an approach that better comports with basic notions of fairness than that of the courts below. But read together, the plurality opinion and two concurring opinions raise a new set of disquieting questions.
Issues in Licensing Music for Podcasts
July 28, 2005
Even amateur podcasters know that there are legal concerns with podcasting music. As the law stands now, a podcaster must secure permission for every copyrighted sound-recording master. This would be extremely time-consuming and expensive ' even for NPR, let alone individual podcasters. On the other hand, acquiring the rights to use the songs embodied in podcasts may not be as big a problem because the statutory compulsory license applicable to the mechanical reproduction of musical compositions probably applies to podcasts. In addition, blanket public-performance licenses are already offered by ASCAP, BMI and SESAC.
<b>Decision of Note: </b>'Holla Back' Hook Not Infringing
July 28, 2005
The U.S. District Court for the Southern District of New York ruled that there was no substantial similarity between the hook in the plaintiff's song and the hook in the defendant's song that would support an inference of copying
Cameo Clips
July 28, 2005
Recent cases in entertainment law.
<i>WhenU</i> Helps Keyword Companies See Clearly
July 28, 2005
The recent decision in <i>1-800 Contacts, Inc. v. WhenU.com</i> is an important case in the murky law relating to keywords. Many companies use keywords in some form to generate revenue, from search engines selling keywords to trigger banner ads or the pop-up business described in the <i>WhenU</i> decision. <br>The case is particularly important for companies such as Google not only because keyword sales represent a substantial portion of their revenue, but also because obtaining legal precedent supporting this kind of business has been inconsistent.
Canada Strikes At Spam
July 28, 2005
The Government of Canada's Task Force on Spam concluded that the current laws governing spam are not good enough. While Canada alone is not able to deal with the spam problem nationwide, it must at least deal with the spammers in its own backyard. The current legal framework contains some significant holes and the task force's recommendations call for a spam-specific law accompanied by a new separate body to work on policy and enforcement coordination.
Trademark Law Shapes Internet Pop-up Ads
July 28, 2005
Despite their negative public images and being the target of much private invective, Internet pop-up ads and unsolicited commercial e-mail (spam) have transfigured marketing ' and, like spam, Internet pop-ups can be lawful if they are not deceptive. <br>That said, trademark infringement may be the only successful cause of action against Internet pop-up advertisers and getting them to change their business methods.
Law School To Launch Law Practice Technology Program
July 28, 2005
A select group of New York Law School students will soon begin a unique, hands-on course in the practicalities of cyberlaw designed to make young lawyers extremely attractive to law-firm recruiters who hail primarily from the technophobic generation.
