e-Commerce Docket Sheet
June 26, 2008
CDA Immunity Not Applicable To Allegedly Misleading Auction Safety Statements<br>Copying Web Site Page for Consumer Gripe Site Is Deemed Fair Use<br>Famous Trademark Parody on Goods Without Consumer Confusion No Infringement
Unconscionable Terms Prevent Enforceability of e-Commerce Contract Clauses
June 26, 2008
e-Commerce, like traditional commerce, relies on contracts. But unlike traditional commerce, e-commerce typically relies utterly on agreements drafted and presented by one party on a 'take-it-or-leave-it' basis. The validity of such contracts arises from the recipient's 'adherence' to the terms given. These so-called adhesion contracts are enforceable, except to the extent that a court finds a term unconscionable.
I Signed WHAT?!
June 26, 2008
The typical e-commerce 'Terms and Conditions,' the electronic equivalent of the fine-print contract that governs use of a sales Web site, creates such an unfriendly shopping environment that it makes the legendary 'No soup for you!' restaurant of the television situation comedy Seinfeld seem like the Welcome Wagon. Although I have often written about how the law affecting e-commerce firms ordinarily follows traditional law, the common e-commerce contract stands in stark contrast. Consider the following clauses from actual online agreements obtained in April and May ' and whether you have ever seen anything comparable in any real-world store, much less these Web stores' real-world affiliates.
Ensuring Security with VoIP
June 26, 2008
Among U.S. businesses, Voice over Internet Protocol ('VoIP') is growing in popularity and will continue to do so. In-Stat predicts that two-thirds of U.S. businesses will have some form of VoIP service by 2011. When deciding to use this powerful technology, organizations should look for VoIP providers that offer specific security measures within their product to ensure that the technology is used most effectively ' and virtually without any security concerns.
Can Software Be a Service?
June 26, 2008
You're probably tired of hearing the phrase 'think outside the box,' but that's an accurate characterization of 'software-as-a-service' ('SaaS'). The 'box' is the computer that sits on your desk; and SaaS is an innovative way to deliver software applications to that computer over the Internet.
Courts Show Confusion over Uses of 'Metatags'
June 26, 2008
The use of a trademark in computer code words, called 'metatags,' by a competitor to boost its position in Internet searches infringes under the Lanham Trademark Act, according to the Eleventh U.S. Circuit Court of Appeals. But the decision, which conflicts with a Second Circuit holding, has touched off criticism that the Eleventh Circuit panel and federal courts generally don't understand the uses of metatags, and that this has resulted in rulings that muddle infringement law. <i>North American Medical Corp. v. Axiom Worldwide Inc.</i>, 522 F.3d 1211 (2008).
Employers' Right to Limit Employees' E-Mail Upheld
June 26, 2008
In a recent decision, the NLRB, in a 3-2 decision split along Republican/Democrat lines, held that one company's Communications Systems Policy was lawful on its face, and that the employer's discipline based on the two e-mails soliciting support for union positions was lawful, but that the disciplinary action based on the purely informative e-mail was unlawful. What does this portend?
There Ain't No Such Thing As a Free Prospectus
June 26, 2008
The SEC's Securities Offering Reform dramatically changed the landscape of registered public offerings. Issuers and underwriters would do well to take advantage of these changes while staying aware of potential fraud liability. Here's an explanation.
<b>Net News</b> Ninth Circuit Text-message Ruling Could Impact Corporate Policies
June 26, 2008
Most employees know that their bosses are usually within their rights snooping on workers' e-mail, but text messaging has been in murkier territory. A federal appeals court sought to clarify matters in a ruling last month by distinguishing between electronic communication that employers store on their servers, or pay someone to store, and communication that is contracted out to third parties.
Net News
May 29, 2008
You Tube Suit Threatens Online Communication<br>Yahoo Files Suit Against Lottery Spammers
