RAM Ruling Portends a New e-Discovery Brawl
July 30, 2007
A federal magistrate's order that stops a Web site from routinely tossing relevant data could, if replicated, carry broad e-discovery implications. Magistrate Judge Jacqueline Chooljian's ruling in late spring required TorrentSpy, a widely used indexing Web site that provides users with forums for comment and operates on a peer-to-peer protocol, to turn over customer data only ephemerally kept in its computers' random access memory, or 'RAM.' The ruling could result in floods of similar requests in other civil cases.
Bit Parts
June 28, 2007
DVD Distribution/Product Labeling<br>Film-Payroll Services/Completion-Bond Reinsurers<br>Recording Agreements/Fiduciary Obligation<br>Songwriting/No Partnership Found
Clause & Effect
June 28, 2007
Production of Agreements/Motion Picture and Screenplay Rights<br>Recording Agreements/Non-Exclusivity
Practice Notes: Some Lawyers Find Entertainment Clients on MySpace
June 28, 2007
Many artists believe that setting up a personal page on the mega-popular MySpace.com Web site is a key prong today in attracting attention to themselves. At the same time, some entertainment attorneys use MySpace to attract clients. This article examines the experiences of Texas lawyers who have MySpace pages.
Cameo Clips
June 28, 2007
Anti-Bootlegging Law/Constitutionality<br>Television Broadcasting/FDD Indecency Policy<br>Synchronization Licenses/Karaoke Machines
Decision of Note: Carol Burnett Loses Claims over TV-Show Parody
June 28, 2007
The U.S. District Court for the Central District of California decided that the brief inclusion ' in a segment of the animated TV-series 'Family Guy' ' of a 'Charwoman'-like character from and a theme similar to the 'Carol Burnett Show' constituted a copyright fair use. <i>Burnett v. Twentieth Century Fox Film Corp.</i>, CV 07-01723 DDP.
Ruling on Use of Athlete's Name
June 28, 2007
It's possible to win the war but lose the final battle. Although former Philadelphia Phillies pitcher Tyler Green prevailed in his lawsuit against a man who used his name for a sports-handicapping Web site, he has now lost his appeal demanding that the man be ordered to reimburse Green's legal fees. And for Green's lawyer, John P. Elliott, the decision from the U.S. Court of Appeals for the Third Circuit came with a one-two punch. Not only was Elliott denied a fee award, but he also got a stern finger-wagging from an appellate judge who complained that a letter he wrote to the defendant was 'particularly combative' and employed a 'most unwise tactic.' <i>Green v. Fornario</i>, 06-2649.
Policing the Internet
June 28, 2007
The rise of the Internet as a major place of commerce has been both a curse and a boon to owners of brands and other intellectual property. Online business sales are booming, but so are the sales of fake goods and pirated software. Though estimates of the size of the problem vary, all agree it's big. As a result, Internet policing has become a major cost of doing business for many companies.
