We found 3,883 results for "Internet Law & Strategy"...
IP Docketing Software Can Be Exciting, Really!
August 26, 2003
What could be duller than a law firm's docketing system, especially one for an intellectual property (IP) firm that has to keep track of deadlines and facts for hundreds of thousands of patent and trademark filings in hundreds of countries? While docketing ' the recording of critical information and events surrounding intellectual property ' is an essential part of any IP practice, most firms think it does not have to be fancy, just reliable. At Brinks Hofer Gilson & Lione, we thought the same, until we realized that by upgrading to a state-of-the-art system, we could deliver a better, more technologically-savvy and efficient product that was more in line with the way we deliver all of our other services. We chose to be one of the first firms to utilize new software that allows access up to 100 concurrent users at once, and allows clients access to their data from the Web as well. While upgrading the IP software for one of the largest IP law firms in the U.S. was certainly not an easy task, it has brought tremendous benefits not only to our lawyers and staff, but to our clients as well.
IP NEWS
August 26, 2003
Highlights of the latest intellectual property news and cases from around the country.
Contributory Copyright Infringement and Peer-to-Peer Networks
August 26, 2003
The second labor of Hercules was to kill the monstrous nine-headed Hydra. When Hercules struck off one of the Hydra's heads, two new ones grew forth in its place. The entertainment industry's fight against its modern menace, peer-to-peer file sharing networks, presents no lesser task. The record companies successfully shut down Napster (<i>see A&M Records, Inc. v. Napster, Inc.</i>, 114 F. Supp. 2d 896 (N.D. Cal. 2000), <i>aff'd in part, rev'd in part</i>, 239 F.3d 1004 (9th Cir. 2001)) and Aimster (<i>see In re Aimster Copyright Litig.,</i> 2002 U.S. Dist. LEXIS 17054 (N.D. Ill. 2002)) only to witness the instant emergence of Gnutella, Grokster, Kazaa, Morpheus, and similar services (as well as the re-emergence of Aimster, now known as Madster). We know, of course, that Hercules completed his second labor after figuring out that he could prevent growth of the new heads by burning the wound. However, unlike the Hydra, peer-to-peer file sharing technologies evolve quickly and swiftly adapt to changed circumstances. Thus, Hollywood's plaintiffs are likened more to Sisyphus (who was condemned to an eternity of pushing the rock up the mountain only to have it fall down again) than to Hercules. The most recent example is the decision in <i>Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd.</i>, 2003 U.S. Dist. LEXIS 6994 (C.D. Cal. April 25, 2003).
Proof of Infringement Not Required To Obtain Injunction Under DMCA
August 26, 2003
The United States District Court for the District of Hawaii recently ruled in favor of Defendant Motion Picture Association of America (MPAA) and against InternetMovies.com in a case that underscores the broad powers afforded to copyright holders under the Digital Millennium Copyright Act (DMCA).
PA Law Covers Just the Fax, Not the E-Mail
August 26, 2003
Federal law that prohibits sending unsolicited advertisements to fax machines does not affect unsolicited commercial e-mail, the Pennsylvania Superior Court has ruled.
FTC Struggles To Gain Ground In War On Spam
August 26, 2003
Get rich suing spammers or your money back! If offers like that get your goat, you are not alone. Angry consumers forward about 130,000 spam messages to the Federal Trade Commission every day, Chairman Timothy Muris said at the FTC's first Spam Forum. As recently as 2001, the average was just 10,000 per day, he said. The FTC has stepped up its enforcement efforts in the past year. For instance, it announced the fourth in a series of joint federal-state sweeps directed at Internet fraud, including deceptive spam. But there is widespread agreement among experts that existing legal tools are insufficient for the task.
'Effects Test' for Jurisdiction Gets Another Nod
August 26, 2003
In its first case on Internet jurisdiction, the North Dakota Supreme Court has affirmed a $3 million libel award to a university professor who was defamed on a student's Web site.
Are You Breaking the Law?
August 26, 2003
Internet law has developed in lock step with the Internet, and both interpenetrate every aspect of a company-employee relationship. From how to handle employee data to accommodating disabled Internet users to preventing security breaches that an employee's juvenile family members might cause from a computer in the home that is also used for work purposes, numerous new legal difficulties await the unprepared human resource professional. This is the first of a two-part article detailing the top 10 things companies need to know about Internet law.
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- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- The Anti-Assignment Override ProvisionsUCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?Read More ›