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Marketplace Fairness Act May Help Clear Muddy Tax Waters Image

Marketplace Fairness Act May Help Clear Muddy Tax Waters

Wayne K. Berkowitz

With my mom probably one of only a handful of people who haven't made an Internet purchase, I think it is fair to say that we have all seen certain online retailers almost bragging that there is no sales tax on merchandise ordered from their e-store. The first question this raises is whether the "qualifying order" language refers to the shipping, the sales tax or both.

Features

Proposed Law Aims to Give More Privacy to e-Mail Image

Proposed Law Aims to Give More Privacy to e-Mail

Victor Li

Several of the largest technology and Internet companies have joined forces with conservative and liberal organizations in a show of solidarity for a proposed amendment to The Electronic Communications Privacy Act of 1986 (ECPA).

Features

Earn-Out Payments In <i>Rock Band</i> Video Game at Issue in Delaware Case Image

Earn-Out Payments In <i>Rock Band</i> Video Game at Issue in Delaware Case

Jeff Mordock

Attorneys for Viacom International Inc. told the Delaware Supreme Court in oral arguments in July that their client did not breach the implied covenant of good faith and fair dealing when it failed to renegotiate an agreement with Electronic Arts Inc. (EA) to distribute the video game <i>Rock Band</i>, thereby reducing the earn-out payments to shareholders of the game's developer, Harmonix Music Systems Inc., which merged with the Viacom entertainment conglomerate in 2006.

Features

<i>Lenz</i> Lawsuit Dances to a Fair Use Tune and Heads For Trial Image

<i>Lenz</i> Lawsuit Dances to a Fair Use Tune and Heads For Trial

Kyle-Beth Hilfer

A California district court has denied cross summary judgment motions in a case that has implications for fair use analysis under copyright law and DMCA litigation.

Features

<i><b>Online Extra</b></i> Congress Hears Pleas for Stronger Copyright Protections Image

<i><b>Online Extra</b></i> Congress Hears Pleas for Stronger Copyright Protections

Andrew Ramonas

Donning special glasses, members of the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet viewed a 3-D video clip as part of a hearing that featured music, photo, and movie industry representatives, all touting the economic benefits of strong copyrights. Leaders from the Copyright Alliance, Getty Images Inc., the American Society of Media Photographers, Yep Roc Records and Redeye Distribution Inc., and 3-D moviemaker Stereo D LLC said robust copyright protections are vital'

Features

Interoperability Exemptions Under The DMCA Image

Interoperability Exemptions Under The DMCA

Michael S. Elkin & Thomas P. Lane

The DMCA prohibits the circumvention of digital rights management technologies and other similar content access or copy restrictions on copyrighted works. As such, it has long been understood that the circumvention of computer programs to enable interoperability of non-approved software applications ' a practice commonly referred to as "jailbreaking" ' was forbidden under the DMCA.

Features

Taming the Beast Image

Taming the Beast

Laurie Fischer & Heather Yanak

Corporate law departments acknowledge the need to manage and control the unabated and explosive growth of digital information, yet understand that the traditional approach will not work. Compounding the problem are regulatory and privacy issues.

Features

Can Judges 'Friend' Lawyers? Image

Can Judges 'Friend' Lawyers?

Shari Claire Lewis

It should be no surprise that the continuing growth of social media tools such as Facebook, Twitter and LinkedIn has led to questions about its use by members of the legal community, including members of the judiciary.

Features

In <i>CLS Bank,</i> the Federal Circuit Agrees to Disagree Image

In <i>CLS Bank,</i> the Federal Circuit Agrees to Disagree

Scott F. Llewellyn & Jason D. Hall

The intellectual property community hoped and expected that the Federal Circuit's <i>en banc</i> decision in <i>CLS Bank Int'l v. Alice Corp.</i> would provide guidance regarding the scope of patentable subject matter under 35 U.S.C. ' 101. Instead, the Federal Circuit's decision created confusion, identifying three competing tests for assessing patentable subject matter under ' 101.

Features

The Great Internet Land Rush Image

The Great Internet Land Rush

David K. Mitnick

This articlelooks at the implications of the new gTLD program for attorneys and the Internet as a whole.

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