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
Downloading Cases Hearten the Defense
May 29, 2008
Defense lawyers in copyright infringement cases brought by members of the RIAA are trumpeting as victories three recent court decisions that rein in the association's campaign against individuals who make songs available for distribution on the Web.
Secret Online Identity
May 29, 2008
Companies and their employees at times face the difficult issue of protecting themselves from cybersmears by anonymous Internet users. One of the most problematic issues is the tension between identifying what is protected speech under the First Amendment, and the standard that must be met in order to obtain the identity of an anonymous poster who has used the Internet to spread damaging statements.
Federal Circuit Split Decision on 'Public Accessibility' of Internet Posting
May 29, 2008
Do Internet postings constitute 'printed publications' that are available as prior art under 35 U.S.C. '102(b)? Most practitioners and examiners behave as though this were a settled question. It is not. The Court of Appeals for the Federal Circuit recently addressed this issue in <i>SRI International v. Internet Security Systems and Symantec</i>. After much discussion of the principle of 'public accessibility,' the majority of the panel determined that there was a genuine issue of material fact as to whether a paper that SRI posted on its Internet server was a printed publication.
<b>Web Watch</b> Super-Powered Web Sites Hit the Jackpot
May 29, 2008
Consider this the super-powers edition of Web Watch. Read on to find out how you can build memory stronger than an elephant's, have the vision to search across the Web and develop the ability to communicate from the afterlife.
