Features
Marketplace Fairness Act May Help Clear Muddy Tax Waters
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
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
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
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
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
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
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?
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
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
This articlelooks at the implications of the new gTLD program for attorneys and the Internet as a whole.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Law Firms and the Rise of HospitalityThe law firm office cannot remain unchanged, as if frozen in time set to some date prior to the onset of pandemic, when the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.Read More ›
- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.Read More ›