Mixed Reviews For Blogging Law Professors
March 30, 2006
As more law professors are tapping away at their computers on blogs that cover everything from the Sarbanes-Oxley Act to the death penalty, they also may be chipping away at the ivory tower.<br>An increasing number of law professors are using blogs ' online journals or newsletters ' to break free from traditional modes of legal scholarship. With an immediacy and ability to reach millions of readers, blogs are proving an attractive vehicle among legal scholars for spouting and sharing ideas.<br>But they are also raising concerns that they may lead to a 'dumbing down' of the profession.
Downloading Copyrighted Songs Is Not 'Fair Use'
March 30, 2006
In an important decision interpreting the fair use provision of the Copyright Act (17 U.S.C. '107), the U.S. Court of Appeals for the Seventh Circuit recently held that downloading full copies of copyrighted material without compensation to authors cannot be deemed 'fair use.' In <i>BMG Music v. Gonzalez</i>, Judge Frank H. Easter-brook, writing for a unanimous three-judge panel, rejected the defendant's argument that she was immune from liability because she was merely sampling songs that she had downloaded from the KaZaA file-sharing network on a 'try-before-you-buy basis.'
The Use Of Trademarks To Trigger Internet Advertising
March 30, 2006
On Feb. 7, 2006, the Tenth Circuit Court of Appeals affirmed a judgment of trademark infringement in favor of manufacturers of tanning lotions against several unauthorized distributors. The defendants had paid for preferential search engine listings when computer users searched for plaintiffs' trademarks and has also placed plaintiffs' trademarks in the metatags of their Web sites (metatags are internal Web site coding often used by search engines to identify the content of Web sites).
<b>BREAKING NEWS:</b> High Court Hears eBay Patent Case
March 30, 2006
Two veterans of the Supreme Court bar argued forcefully ' and inconclusively ' on March 29 in a high-stakes dispute over how easy it should be for a patent holder to win an injunction against an infringer.
Snapshot Look At Current Adult Entertainment Biz
March 29, 2006
For a few days recently, I 'researched' the adult-entertainment industry for this article. I became curious as to just how big the industry was, what kind of money was being made and what companies owned, operated, managed and provided adult entertainment. In fact, there are multiple segments and sectors within the industry, with companies involved in movies, books and magazines, Web sites and software, nightclubs, adult-cable networks, pay-per-view services, telephone and online services, retail stores and catalogs.
Music Industry Faces Tough Negotiations In Digital Music-Licensing Frontier
March 29, 2006
Howard Stern and Oprah Winfrey might have lent some serious star power to subscription-based satellite-radio networks XM and Sirius, but that doesn't mean the fledgling medium is ready for prime time. This year, XM Satellite Radio Holdings Inc. and Sirius Satellite Radio Inc. have to renegotiate their royalty agreements with record labels. Not only is the music industry intent on raising the licensing fees, it wants to stop the introduction of new satellite radio receivers that work more like an iPod than a radio.
Computer Forensics Docket Sheet
March 29, 2006
Court Weighs Defendant's Use Of Data-Wiping Software, Finds Proof Of Willful Destruction Alleging that the defendant infringed on its motion-picture copyright, the plaintiff sought a permanent injunction, attorneys' fees and costs, and money damages. After uncovering the defendant's alleged activities by tracing his Internet protocol address, the plaintiff was granted access to the defendant's computer and hired a Kroll Ontrack computer-forensics expert to conduct an examination. The expert determined that, after wiping all data off…
37,000 Libraries Of Congress Created In One Year!
March 29, 2006
How much would it cost to house 37,000 Libraries of Congress? It's not so much a vapid philosophical question as one that opens the door to serious contemplation of economies of scale, because that's how much new electronic data is created in a single year, according to one study.<br>Fortunately, the data is stored in computers and not in a monumental building, but the place where it's being stored ' on hardware, with software ' doesn't mean the costs of creating, storing and managing data aren't significant and growing for all businesses.
New Rule on 'Internet Applicant'
March 29, 2006
The Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) oversees compliance with the equal opportunity and affirmative action requirements applicable to all government contractors. The OFCCP is charged with enforcing Executive Order 11246, which prohibits federal contractors from discriminating against applicants on the basis of race, color, religion, sex, or national origin. The Order also requires contractors to use affirmative action so that equal opportunity is available for all phases of employment. As such, contractors must retain all applicant-related company records as well as other employment records. In particular, contractors are required to maintain records of 'applicant flow data' by soliciting gender, race and ethnicity information from all applicants. If a contractor fails to comply with the rules issued by the OFCCP, it will be subject to disciplinary action, ranging from citations and economic fines to debarment.
