Net News
May 31, 2006
New Internet Phone Wiretap Rules Challenged<br>Congress May Consider Mandatory ISP Snooping <br>Movie Piracy Losses Bigger Than Expected, Says a Recent Study<br>House Panel Approves Bill to Ban Cyber-gambling <br>Group Sues NY to Overturn Law Banning Internet Tobacco Sales
Cases of Note
May 31, 2006
Alleged Movie Pirate Claims Innocence<br>Online Legal Scrivener Guilty of Unauthorized Practice of Law
Supreme Court Ruling for eBay a Major Victory for Big Patent Holders
May 31, 2006
A Supreme Court ruling on May 15 in favor of eBay Inc. in a closely watched patent dispute made it harder for those claiming infringement to win permanent injunctions against major patent holders and manufacturers.<br>The unanimous decision was a major win for eBay and other big patent holders that frequently face crippling litigation from parties that get injunctions to protect one of thousands of patents used in a complex product.
Artists Seek Greater Share From Label Of Revenues From Digital Downloads
May 31, 2006
Two highly successful rock groups from the 1970s and '80s recently commenced a lawsuit in the U.S. District Court for the Southern District of New York against their former record company, claiming a larger share of revenue derived from paid digital downloads of their recordings. <br>The essence of the plaintiffs' claim is that Sony is calculating the artists' shares of revenue from digital download sales through services such as iTunes, in the same manner that the label calculates royalties for physical sales of CDs through traditional retail outlets. The plaintiffs claim that these are not physical sales, but are instead sales of digital copies of recordings that have been licensed to music download providers by Sony, and the royalty rate payable for licensing income, which is much higher than for physical sales, should apply.
Employee Handbooks
May 30, 2006
Employee handbooks can be an essential tool for communicating company policies and procedures to employees of any type of enterprise.
Cyber Rentals
May 30, 2006
The Internet has profoundly changed the way real-estate rental transactions are executed, mostly for the better. Besides putting significant amounts of rental information into the hands of potential tenants and allowing virtual tours of available rental properties, the Internet allows prospective renters and landlords to submit rental applications and negotiate contracts online. Properly executed, an Internet real-estate rental application may save time and money for the potential tenant and landlord. Improperly executed, such an application may result in legal difficulties, including unenforceable contracts and negligence claims.
Slouching Toward WIPO
May 30, 2006
Ten years ago, delegates at a Diplomatic Conference at the World Intellectual Property Organization (WIPO) in Geneva concluded two treaties to modernize member nations' intellectual property laws to accommodate the realities of digital technology. The WIPO Copyright Treaty (WCT, passed Dec. 20, 1996, and effective March 6, 2002), and the WIPO Performers' and Phonograms Treaty (WPPT, passed Dec. 20, 1996, and in force May 2, 2002), collectively known as the WIPO Internet Treaties, provide for the expansion of existing rights and the creation of new rights in subject matter protected by copyright.<br>Canada, under the guidance of successive governments led by the Liberal Party of Canada, chose to consult widely with stakeholders over the direction it should take in legislating. The result was a lengthy consultation process culminating in a bill ' Bill C-60, An Act to Amend the Copyright Act, 1st Session of the 38th Parliament, 2005 ' that implemented Canada's obligations under the WIPO Treaties, but departed from the DMCA view of those treaties in several key respects, including the scope and ambit of anti-circumvention laws. While lobbyists for rights-holder organizations ' and the U.S. Trade Representative ' denounced Bill C-60 as non-compliant with the WIPO Internet Treaties, none took such claims seriously.
Making Your Employee Handbook Work For You, Not Against You
May 30, 2006
Is your handbook truly up to date? One of the points in the employment relationship where the employer can best position itself to achieve its business objectives is in the setting of policy ' a process in which the law affords employers broad latitude. A properly drafted policy manual can help foreclose or limit a lawsuit, and a manual that is prepared or updated carelessly can serve as the foundation for a legal claim. Here are several ways to tell at a glance whether your organization has postured itself to best advantage.
