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…
Solo Aims To Blog His Way To New Clients
August 30, 2005
The small town of Storrs, CT, may soon become the center of the law blog universe. Andrew Ewalt, a solo practicing in the shadows of the University of Connecticut, is a guinea pig for the wildly growing technology, which to date has largely been passed over by the legal profession as a marketing tool.
CAN-SPAM Act Passes Challenge At Fifth Circuit
August 30, 2005
In the first review of a federal law meant to regulate unsolicited fraudulent commercial e-mail, the Fifth U.S. Circuit Court of Appeals ruled recently that the CAN-SPAM Act does not pre-empt a University of Texas policy that blocks unsolicited commercial e-mail.
Virtual Worlds And Digital Rights
August 30, 2005
Today's virtual worlds -- sometimes also called digital or synthetic -- evolved from text-based role-playing games such as Dungeons & Dragons. The predecessors of the "Massively Multiplayer Online Role-playing Games" (MMPORGs) of today began for the most part in the late 70s and early 80s when various individuals first engaged in the role-playing game behavior online. The online text-based commands and prompts allowed the players to act out various fantasies without the close proximity requirement that is inherent in the earlier written and oral gaming forms. As the online technology grew, so did the nature and complexity of the interactive games, including the addition of videogame graphics to the text-based game elements. In the '90s, the current state of online MMPORGs began offering a real-time socially interactive component that was not available on traditional offline console gaming. While the physical space and landscape is simulated in the virtual environment of today, the social interactions are real since virtual characters, or "avatars," in the digital world are controlled and operated by a real person and not just by strict computer code. While these games are currently used mostly as an avenue for play and social interaction, if the proliferation of online entrepreneurship continues, the games will likely be more focused on commerce, research and work or work-related activities.
