Music on the Web
October 29, 2008
Any attorney practicing Internet law probably has plenty of clients that offer music to their users ' from background music for a site feature or page to television and movie programming, advertising, Webcasting, play-on-demand music and music videos. Those clients may think that all they need to play music on their service is a license from the record company that released it. Those clients would be wrong.
DMCA: A Safe Harbor for Video Sharing?
October 29, 2008
As the popularity of Web video continues to grow, so too does the potential for contributory copyright infringement on popular video-sharing Web sites. These Web sites become venues for infringing behavior, simply due to the sheer number of users uploading new videos daily. Consequently, content owners have contended that such Web sites must take a greater role in stemming their users' infringement. The Web site owners have countered that they need only follow the dictates outlined by the DMCA safe harbors that can immunize service providers from copyright liability. Thus, both sides continue to dispute what it means to be compliant with the DMCA. They also dispute which entity should bear the ultimate responsibility for policing video-sharing sites for infringing content: the Web site owner or the content owner.
e-Commerce Docket Sheet
October 29, 2008
Credit-Card Issuing Banks May Benefit from Data Security Reqs. <br>Parties' Subcontract Governs Software Transaction, Despite Purview of VA's UCITA<br>Cable TV Remote Storage DVR System Is Not Direct Copyright Infringer<br>'Free' Software Charges Settled with $2.1 Mil. Fine<br>Forum Selection Clause On Web Site Sufficiently In Contract Is Enforceable
Changing Internet Pharmacy Legal Standards
October 29, 2008
Telemedicine, on the scene medically and legally for several decades, is an area ' in the form, strictly speaking, of providing some kind of health care or health-care products or services ' under the Big Top of the e-commerce fair that is subjected regularly to regulatory scrutiny, debate, enforcement actions, improvements and all the other aspects of e-commerce, although sometimes at a slower pace than within the sector's other channels.
SEC Guidance On Company Web Site Use
October 29, 2008
Over the last several years, rapid developments in technology and the Internet have significantly enhanced the quantity and quality of e-commerce, products and information available to the public. One area of online business interaction, though, that particularly benefited recently is the information that corporate investor can find on a company's Web site. In August, the SEC, acknowledging the significant technological advances since the SEC last provided guidance on Internet issues relating to the Securities Act of 1933, issued an interpretive release providing updated guidance on the disclosure of investor information on company Web sites.
Web Site Terms and Conditions
October 29, 2008
It was Henry Ford, not Marlon Brando or Don Corleone, who once famously said: "The customer can have any color he wants so long as it's black." Unfortunately for e-commerce buyers, however, the rules imposed on them by the fine print and deep links usually known as "Terms and Conditions" often leave as little room to negotiate as early Ford buyers once had.
FCPA Due Diligence and Data Privacy Laws
October 29, 2008
As Russia, China, India and a host of other countries open their doors to U.S. investors, the number of companies and individuals who need to think about the risk of prosecution under the Foreign Corrupt Practices Act of 1997 (FCPA) has increased tremendously. This article explains.
D&O Liability Policies: A Potential Asset for Troubled Companies
October 28, 2008
The present economic climate is predictive of increased bankruptcy filings, liquidations, and other insolvencies. Under the appropriate circumstances, a company's directors' and officers' liability policies are potential corporate assets that should not be forgotten or ignored.
e-Mail Exchanges As Binding Contracts
October 28, 2008
As a number of recent decisions in New York and elsewhere make absolutely clear, for good or for ill, parties now can conclude a contract, or amend an existing contract, via e-mail.
The Impact of the Internet on Strict Product Liability Law
September 29, 2008
Strict product liability emerged in the 1960s and 1970s as a potent force shaping the way product manufacturers do business in America. Although the relevant common law of each state has been modified from time to time since its inception, the basic parameters of the theory have been settled for some time. Now, however, market conditions are changing dramatically, and the law is likely to change with it.
