Internet Software Piracy Is Not Fair Use
May 01, 2004
In a decision interpreting the criminal offenses provision of the Copyright Act (17 U.S.C. '506), the Seventh Circuit Court of Appeals has held that a criminal conspiracy to pirate software did not constitute "fair use" simply because the Web site to access the software was operated by a university professor. <i>U.S. v. Slater</i>, 348 F.3d 666 (7th Cir. 2003). The Seventh Circuit found "preposterous" the defendant's argument that Internet piracy could become authorized under the fair use doctrine by using a professor as a Web site operator.
Advanced Professional Education for Law Firm Managers
May 01, 2004
A Chinese proverb states: "Learning is a treasure that will follow its owner everywhere." This proverb clearly applies to law firm administrators, due to the ever-increasing complexity of law practice management and the competitive pressures facing today's firms. Experienced and well-educated professional managers are being sought out in increasing numbers by firms of all sizes to assume responsibility for the administrative management of the enterprise. The field of legal administration has therefore continued to grow and evolve, as evidenced by the 9500-member Association of Legal Administrators. <br>Fortunately, there are a number of higher learning opportunities for legal professionals, and this article explores three of them.
Managing Data Security Risks in Outsourcing Contracts
May 01, 2004
Corporate America's love affair with outsourcing and the global trend-line in data protection law are on a collision course. The globalization of service-based economies is accelerating, as both onshore and offshore vendors of outsourced services offer savings and efficiencies that companies cannot ignore. At the same time, countries that seek to ride the wave of outsourcing to grow their local economies are under pressure to enact privacy and data laws resembling Western-style fair information practices. And in the current election year environment, legislators in the United States are likely to seek further controls on companies that send their customer data (and jobs) overseas. <br>Although the risk of privacy and data protection violations cannot be eliminated in outsourcing relationships, properly drafted data security provisions in an outsourcing contract can clearly allocate the parties' respective duties and mitigate a customer's exposure to the threat of data security breaches.
Tech Trans Hotline
May 01, 2004
The latest cases and items of interest in the technology transfer field.
Technology Transfer As A Contact Sport
May 01, 2004
Technology transfer is often characterized as a "contact sport." Technology transfer practitioners from industry, universities, and intellectual asset management professional service providers understand the importance of their personal networks and their ability to reach out ' on a personal level ' to those with whom they need to work. Moreover, technology transfer is a contact sport because the capture of the economic value of IP and the transfer of financial risk are both dependent on the negotiation skills of the individual practitioners.
<b>Decision of Note:</b><b>Foreign Website Subject to DC Jurisdiction</b>
May 01, 2004
The U.S. District Court for the District of Columbia decided that a company based in Madrid, Spain, was subject to personal jurisdiction in the District of Columbia by maintaining a Web site that enabled DC residents to download unlicensed sound recordings. The ruling provides a liberal view for finding both specific and general jurisdiction over Internet defendants.
Viable e-Signature Options
May 01, 2004
While the Internet continues to replace traditional forms of commerce communication, the use of contracts to memorialize business agreements remains constant. In order to implement more fully the transition to Internet commerce communications, businesses are struggling to find an appropriate replacement for the traditional authentication procedures. In short, businesses seek lawful electronic signatures to replace traditional signatures. This query has resulted in six viable e-signature options.
Using IP Dispute Procedures to Combat Net Fraud
May 01, 2004
Internet fraud is becoming one of the most common and lucrative forms of crime in today's information-based economy. As the Internet has grown, so too have incidences of its misuse. How can intellectual property rights help fight this growing menace?
EarthLink, Cox Pulled Into Music Piracy Suits
May 01, 2004
Music piracy cases in Georgia could determine whether recording companies must meet certain standards before forcing Internet service providers to hand over the names of subscribers suspected of downloading and circulating copyrighted, bootleg recordings.
RIAA Sues More U.S. File-Sharers As Study Shows Infringement in Decline
May 01, 2004
Employing its 'John Doe' litigation strategy again, the Recording Industry Association of America (RIAA) has sued another group of anonymous infringers ' this time 477 people ' accused of illegally distributing copyrighted sound recordings on peer-to-peer file sharing services.
