Hyperlinking As Infringement
March 30, 2005
Can hyperlinks on one Web site that link to another site where copyrighted materials are displayed constitute copyright infringement? Although at least two earlier decisions have declined to recognize the potential of copyright infringement from the mere use of such hyperlinks, the recent Indiana federal district court case, <i>Batesville Services, Inc v. Funeral Depot, Inc.</i>, concluded that a defendant's use of hyperlinks on a Web site that link to copyrighted material on another Web site could constitute copyright infringement.
Has The Cyberlaw Clinic Struck Out?
March 30, 2005
The cyber-crusaders behind the attempt to roll back the 1998 Copyright Term Extension Act are at it again. <br>This time, Stanford professor Lawrence Lessig and his Cyberlaw Clinic asked a Northern California district court to strike the Copyright Renewal Act of 1992, which automatically renewed so-called orphan works, copyrights in works created from 1964-1977. Not one to shy away from controversy, the Clinic also asked the district court to reconsider the Supreme Court's Eldred decision in light of the "fundamental" changes Congress made to the U.S. copyright system over the last 30 years. Although the Clinic made some interesting policy arguments, it once again failed to articulate a sound legal basis to back up its claims.
Public Company Web Sites: A Marketing Tool Subject To Securities Laws
March 30, 2005
Following the enactment of the Sarbanes-Oxley Act, disclosures by public companies via their Web sites are increasingly required or encouraged. With the implementation of these new rules and the growth of the Internet, investors, as well as prospective investors, increasingly are relying upon a company's Web site for investment information. Public companies should recognize the value of their Web sites as marketing and investor-relations tools, subject to the boundaries of applicable legal standards and constraints.
U.S. e-Commerce Keeps Rising
March 29, 2005
With the federal government's 2004 fourth-quarter e-spending figures in, the expression "Nowhere to go but up" could have been coined as the motto for U.S. e-commerce activity.
E-mail, Instant Messaging and Voice-mail
March 17, 2005
Electronic communication has been a productivity boon in nearly every industry. E-mail, voice-mail, and the latest favorite, instant messaging (IM), enable workers to communicate at the pace and level of interaction they need. Unfortunately, the more digital messages workers exchange, the more risk companies face from electronic information that could prove damaging during litigation.
NextClient.com: The Future for Law Firm Web sites!
March 17, 2005
During the American Bar Association GP/Solo Section meeting in Beverly Hills this past October, I happened to be talking to a colleague who was busy on his laptop. When I asked him what he was working on, he told me he was in the process of updating his Web site. I knew he was not a "techie" by any stretch so I became intrigued. I asked him how he was able to work on his Web site at all, let alone make updates while away from the office. He then showed me a solution he found that allowed him to choose and launch a custom Web site in minutes, and then update it from anywhere he could connect to the Internet.
