Keeping Tabs On Internet Identity
September 01, 2005
No technology issue concerns -- or should concern -- individuals, e-commerce and government regulators more than Internet identity theft. The statistics are staggering. In the last year, LexisNexis reported that unauthorized people apparently took personal information on more than 30,000 Americans from its database -- by stealing logins and passwords of legitimate customers. Another data broker, ChoicePoint Inc., reported a possible theft of similar data from as many as 145,000 people through individuals claiming to have legitimate and legal use for the data they purchased from ChoicePoint. But those numbers look small (except, of course, to the affected individuals) when compared with the identity-theft problem acknowledged by Bank of America -- involving about 1.2 million federal employees.
Can You Keep A Secret?
September 01, 2005
When a number of blogs posted secret details and drawings of Apple Computer's new music technology -- code-named Asteroid -- Apple's lawyers did what lawyers do: They sued the Web sites to find out the posters' identities and sources.
Filtering Through Regulatory Compliance
September 01, 2005
The advantages of doing business in a digital economy -- paperless transactions, instant communication, effortless administration and reaching out across borders to far-away locations to collaborate with partners in a virtual community -- are precisely the risks of doing business in a digital economy.
Subpoena For e-Mail
September 01, 2005
Every time someone hits the "send" button, evidence is created -- and electronic evidence is something with which e-commerce ventures, by their very e-nature, must be concerned. They must also come up with elements in their business-process plans to deal with compliance or other legal matters arising from e-mail.
Compensation Contradictions
August 31, 2005
The mandatory retirement and similar policies that firms have wielded to effect such transitions are now under threat. The U.S. Equal Employment Opportunity Commission presented a clear legal challenge earlier this year when it sued Sidley Austin Brown & Wood, alleging age discrimination in the firm's dismissal and demotion of older partners. But an even greater challenge to firm retirement policies may be posed by the growing number of older partners who feel they have remained highly productive and insist on holding onto privileged positions, either by negotiating special arrangements or by decamping to other firms.
Second Circuit Finds No Trademark Infringement in Targeted Internet Advertising Case
August 31, 2005
On June 27, 2005, the Second Circuit overturned a lower court's determination that an Internet advertising company's delivery of targeted, contextually relevant pop-up ads constituted trademark infringement. The plaintiff, 1-800 Contacts, Inc. ("1-800"), sued WhenU.com ("WhenU") for trademark infringement as well as multiple other federal copyright, state infringement, and common law claims. The Second Circuit limited its review of the case to the plaintiff's Lanham Act claim, remanding the rest of 1-800's claims back to the district court.
CoStar Reopens Settled Fixation Issue in Online Digital Environment
August 31, 2005
In a little-noticed and as yet un-cited alternative holding last year, the U.S. Court of Appeals for the Fourth Circuit undermined a previously unbroken line of cases holding that electronic copies of digital works are "fixed" within the meaning of the Copyright Act if they exist in the random access memory ("RAM") of a computer. <i>CoStar Group, Inc. v. LoopNet, Inc.</i>, 373 F.3d 544 (4th Cir. 2004).
Speed Traps and Potholes: Avoiding Communications Hazards
August 30, 2005
Whether a firm keeps the pedal to the metal or travels at a more steady pace, effective communications can build profits, promote growth and create demand. But it is important to remember that marketing and public relations materials must comply with the rules of the road, lest firms find themselves in trouble with the law.
A Different Kind Of Property Right
August 30, 2005
The law breaks property into two categories: real and personal. If the object of a transaction is found to be personal property, it is subsequently categorized as either tangible or intangible. Although broadly categorized as personal property, Internet property has characteristics of both tangible and intangible property. Consequently, attorneys must take the special nature of Internet property into consideration when attempting to resolve legal difficulties relating to an Internet transaction.
Net News
August 30, 2005
Google, Geico Both Claim Victory In the ongoing saga of Geico v. Google (E.D., Va., 1:04-cv-00507-LMB-TCB), U.S. District Judge Leonie Brinkema issued…
