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.
Safeguarding Confidential Employee Records
May 30, 2006
Because information has become increasingly easy to obtain and transfer, employers must take precautionary measures to ensure that confidential data is adequately protected. This applies not just to proprietary business information, but also to confidential employee data. <br>This article provides an overview of statutory, constitutional and common law concerns with res-pect to obtaining and maintaining confidential employee information, and penalties that employers may face for failing to protect the security of confidential employee records.
Insider Fraud: Biting the Hand That Feeds
May 30, 2006
You've read about it, you've heard about it, but let's say it again: Your employees, on their own or in collusion with others, can make your firm a victim of fraud. Understanding how fraud takes place can help you and your clients minimize its possibility; yet statistics show that many businesses do not understand fraud and do not recognize its red flags.
Forensic Collections
May 30, 2006
A forensic collection is the copying of data in a process-driven way that results in an exact 'bit for bit' replication of the source. That's why a forensic collection is so important in electronic discovery ' what you get is what it was when you got it, not some modified version that won't stand up in court.<br>Forensic data collection doesn't necessarily involve more time or complexity than other copying methods. Not only can it help you keep your job, it's a strategic decision. Providing that the old axiomatic question, 'Is it plugged in and is it turned on?' is met, there are a couple of ways it can be done.
What Do You Want To Read?
May 26, 2006
We want to know how we can make this newsletter an even better resource for your professional needs. Are we covering all you want to see? Are there sections you would like to see enhanced or replaced?<br>Your views and opinions are essential in our effort to continue to provide you with the top notch News, Strategy and Analysis you have come to expect from Law Journal Newsletters.<br>Help us help you! Please click <a href="http://www.surveymonkey.com/s.asp?u=604771980045">here</a> to complete a short survey or type the following URL into your browser: http://www.surveymonkey.com/s.asp?u=604771980045.<br>Your answers will assist us in making this an even better newsletter for you! Thank you.<br>Regards,<br>Colin Graf<br>LJN Marketing Director
Greenberg Partners Advise on Company's China Deal
May 16, 2006
HowStuffWorks Inc., a unit of Atlanta-based Convex Group Inc., and INTAC International Inc. agreed to form a new company to develop commercial Web sites targeted to Chinese users. The new company, which will be called HSW International, will pair the content rights owned by HowStuffWorks with the sales channels in China developed by INTAC. HSW will generate revenue through advertising sales.
China Gets Its Own Version of Wikipedia
May 16, 2006
With the real thing banned since late last year, the Chinese search engine Baidu has launched its own version of the popular U.S. Internet encyclopedia Wikipedia.
Data Security Breach Notification
May 15, 2006
Companies that handle personal information are faced with an increasingly complicated compliance task as states continue to enact data security breach notification laws. As of press time, 25 states have enacted such laws. The compliance difficulties arising from these enactments run in several directions.
Online Access to Corporate Information
May 15, 2006
How does a company authenticate customers, employees, and third-party service providers when they seek Internet access to the company's computer networks and systems? For most companies, the standard approach is to use a user ID and password. But that approach may no longer be legally adequate. In the United States, regulators in the financial sector have now become the first to formally state that reliance solely on a user ID and password ' so-called single-factor authentication ' is now considered 'to be inadequate' at least in the case of high-risk transactions.
