Net News
Recent developments in Internet law and in the Internet industry.
The CAN-SPAM Act: Regulates, Doesn't Eliminate, Spam
The CAN-SPAM Act went into effect Jan. 1, and has important implications for anyone engaged in the sending of unsolicited e-mails, which are commonly known as spam. Contrary to public opinion, the act does not make spam unlawful; it attempts to regulate it.
Creative Dilemma: Determining Authorship Rights in Studio Session Works
A recording session is generally a team effort, with artist, engineer and producer working together to create sound recording masters. However, unless set forth in written agreements, just who owns the rights in the works may not be clear. For example, what if an engineer with creative input claims to be a joint author? Even less clear may be who owns the rights if a visitor to a recording session becomes a contributor to a track. Such situations may raise claims of joint authorship and/or copyright infringement, among other things. (A joint copyright owner can't sue a co-owner for infringement, but a court may recognize a joint authorship claim as a distinct alternative from an infringement claim in the same case.) Defendants in these actions may claim an implied license, that the visitor's contribution wasn't original enough to be copyrightable or that the contribution was a work-for-hire under that the defendants own. These arguments were recently tested in a case involving a recording session for the popular hip-hop artist Jay-Z.
Spam Filters Raise Ethical Issues
Most attorneys rely heavily on e-mail as a primary form of communication with their clients. The accessibility, speed, flexibility and low cost of e-mail have made it a nearly indispensable tool in the business community. However, these same qualities that make e-mail so valuable have enabled unscrupulous marketers to blanket e-mail users with unsolicited e-mails, such as for mortgage refinancing, prescription drugs, obscene invitations and requests for help from fictitious Third World government officials. Spam is the nemesis of nearly every e-mail user, and as spam exceeds the point of accounting for one of every two e-mails transmitted, many feel that without remedial steps, this medium may be in jeopardy. It would seem then that technological enhancements to e-mail communications, such as spam filters, would be a natural and accepted outgrowth of this permissible communications method. However, attorneys are subject to ethical considerations not present in many other industries. Therefore, the specific manner in which a spam filter operates must be examined in order to gauge whether it is appropriate for a law firm environment.
Googled into a Showdown
decorating company and the world's largest Internet search engine are locked in a lawsuit that could have a huge financial impact on keyword-based advertising on the Web.
Injunction Upheld on Web-Hosting Firm
An injunction preventing a Web-hosting company from accessing a registration service for Internet domains to gain data for mass-marketing has been upheld by the U.S. Court of Appeals for the Second Circuit in <i>Register.com v. Verio, Inc.</i> A two-judge panel upheld the preliminary injunction granted by Southern District Judge Barbara S. Jones in favor of Register.com, Inc., one of 50 companies that act as vehicles for the registration of names in the .com, .net and .org domains.
Quest for Automated Corporate Governance Tool Leads to hCue
With the Sarbanes-Oxley Act requiring that all Section 16 insider-trading transactions be reported to the Securities and Exchange Commission (SEC) in electronic format and within two business days, SWS Group Inc., like many companies, struggled with how to comply with the new law quickly and cost effectively.
Total Search: The Answer to Law Firm Productivity!
In this age of increased client demand for greater efficiency when it comes to legal services, coupled with the ever-facing challenge of firms dealing with competitive market pressures and ever-declining revenues, the legal professional faces the dilemma to give the client a higher return on his legal investment dollar! But how can technology help to solve this ever-increasing problem? One way in finding a solution is about to come forth from a well-established 30-year-old firm - LexisNexis. The company has put forth an all-encompassing solution that should allow the legal market a chance to be an even brighter and shinier star to its clientele. The program is designed to provide added value to the legal researcher and share their firm-wide knowledge within and across hitherto disconnected boundaries!
Practice Tip: <B>Some Seriously Serious Computer Forensics Tools</b>
In-house and outside personnel are increasingly on the lookout for software tools they can use themselves to work with electronic discovery. A plethora of tools is available today, ranging from software solutions intended to be used only by properly trained computer forensics specialists to ones any of us can load on our machines and begin working with after only minimal instruction. This article focuses on two packages that fall squarely within the first group: EnCase Forensic Edition, and the Ultimate Toolkit. According to Jeremy Wunsch, Director of Data Forensics at Lucidata, LLC, and president of the Minnesota Chapter of the Information Systems Forensic Association, these are the two leading computer forensics products for the private sector.
