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.
Mitigating Liability from Employee Use of Technology
June 28, 2007
Employee abuse of employer-provided equipment has always created a potential for liability, but the advent of the computer and the Internet has significantly altered the landscape. What is new about today's electronic tools, and what increases the level of employer exposure, is the fact that these devices enable employees to have instantaneous access to the outside world. The difference between giving an employee a telephone or a computer with Internet access is like the difference between giving a hunter a pea shooter or an AK47. The likelihood of success is much greater with the AK47, but so is the risk of a significant mishap.
Whistleblowing with a French Twist
June 28, 2007
In Part One of this article, we discussed the fact that whistleblowing in France is a rather unwelcome legal obligation. France's total opposition to whistleblowing has softened over time and has been accompanied by a greater understanding and appreciation of its implications. Nevertheless, strong pervasive principles of French law continue to govern this domain. We referred out readers to a recent report on Whistleblowing and Ethical Charters, which was commissioned by the French Minister of State for Employment and Professional Insertion. The Antonmatt'i-Vivien report was aimed at encouraging the analysis and clarification of this grey area of French law. We continue this month with a look at how whistleblowing is implemented in France.
Federal Court Cancels Arbitration Clause in 'Virtual World' Test Case
June 28, 2007
Not long ago, in a galaxy eerily close to this one, legal pundits predicted that the fanciful realm of online 'virtual world' gaming would come crashing into the harsh reality of earthly litigation. That day has finally arrived in the case of <i>Bragg v. Linden Research, Inc., et al.</i>, serving up a lesson in civil procedure to an attorney with an avatar attempting to avoid arbitration over virtual property rights.
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.
<b><i>Commentary: </b></i>Playing with Privacy
June 28, 2007
The policy concerns surrounding virtual communities and social networking are broad and difficult to pin down. Popular social networks typically have well over 100 million registered users. Managing these crowded environments parallels the real-world challenges of managing a major city. So what can U.S. policymakers do to create a safe virtual environment without stifling technological advancements?
Ruling: A Download Is Not a Performance
June 28, 2007
If a music file is downloaded to a computer, and no one is there to play it, does it constitute a performance? This is not some question from a digital-age freshman philosophy seminar ' it was the legal issue recently facing Judge William C. Connor in the U.S. District Court of the Southern District of New York in <i>United States v. American Society of Composers, Authors and Publishers ('ASCAP')</i>.
Get Back to the Real World of Security
June 26, 2007
Properly securing physical data before, during and after litigation often can be eclipsed by concerns about online 'virtual' security issues. Agreed ' firewalls, data encryption and password protection are vital safeguards. But another part of the story is how to properly secure and dispose of your hard drives, CDs, backup tapes, and obsolete hardware such as laptops, PCs, PDAs and thumb drives. Ignoring physical data-security considerations is not only careless and irresponsible ' it is just plain dangerous.
When the CEO Wants His Hotmail
June 26, 2007
Not only do most of us not have a secretary tidying up our e-mail inbox each evening, but we also have many alternative inboxes for our business correspondence. For work, a busy executive may have an office e-mail account, a Blackberry for around-the-clock access and an online mail account (such as through Gmail, Hotmail or Yahoo!) for convenience when traveling. He or she probably also has a personal account for non-business e-mail, like jokes, that must be kept out of the firm's accounts. Going through 'the file' has become an exercise not only in finding the appropriate messages and attachments, but in simply identifying all places and accounts where 'the file' might exist. Indeed, multiple accounts often are created by employees to bypass the hassles of security measures and record-retention policies diligently created by IT departments who often diligently enforce these polices and whose employees read and apply the information in publications like this one.
