Video Sharing Site NOT Liable for Infringement - DMCA
If you own or are operating a video or file sharing website that utilizes another's content (read another's copyrights) the following case presents you with a valid defense. If you are the user whose copyright has been infringed, this law is worth knowing before proceeding with costly litigation.
Veoh Networks - a video hosting website - sought protection under the Digital Millennium Copyright Act's safe harbor provision against a user's infringement claims. The user claimed Veoh (1) knew of and failed to remove infringing videos uploaded by other users; (2) had the ability to control infringing activity on its system; and (3) that its infringer policy was inadequate. Read More ›
Categories: Copyright, Intellectual Property, Social Media
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Buying Registered Trademarks as Google Adwords?
Have you ever taken the time to Google your company name?
It might be worth your time. If you find that your competitors are more prominently displayed in the tan sponsored link box or along the right side of the search page, you may be able to stop these companies from purchasing your company's trademarks as Google Adwords. Read More ›
Categories: Intellectual Property, Trademarks
DOJ Urges U.S. Supreme Court To Approve Warrantless GPS Tracking
The Fourth Amendment protects an individual from unreasonable searches and seizures. As it stands today, unless an individual has a reasonable expectation of privacy, local and federal law enforcement are not required to obtain a warrant prior to conducting a search. Does a person reasonably expect that law enforcement will attach a GPS tracking device to a vehicle to clandestinely monitor that person’s every movement? The Department of Justice (DOJ) thinks so. Read More ›
Categories: Privacy
Invalid "Terms and Conditions" link to bind consumer to restriction
Are you purchasing items online, or, are you a merchant selling products using a website? If so, you should check your Terms and Conditions link.
The case in point is Hines v Overstock.com Inc., and is relatively new under commercial law standards. Read More ›
Categories: E-Commerce
"Private" Information on Social Networking Websites Deemed Discoverable
In what has become an increasing trend, a plaintiff in a personal injury suit has been ordered to produce otherwise "private" postings on her Facebook and MySpace social networking profiles. In Romano v. Steelcase, Inc., a New York Supreme Court case, the plaintiff alleged that she suffered serious and permanent injuries after falling off a defect desk chair manufactured by Steelcase. The plaintiff further claimed that, as a result of these injuries, she was almost entirely bed-ridden. Read More ›
Categories: Social Media
Software Licenses Do Not Automatically Transfer in a Merger or Acquisition
Software licenses provide businesses with the right to use software programs. Many of these programs become interwoven into the fabric and function of the company. As a general rule companies do not own the software they license. The corollary is that they do not, unless expressly agreed, possess the right to transfer or assign the licensed software they use to a new entity when later involved in a merger, acquisition or internal corporate restructuring. Read More ›
Categories: E-Commerce, IT Contracts
.CO Domain Names: the .COM Alternative?
A new land-grab is occurring on the World Wide Web.
There are presently more than 90 million domain names registered with the .COM extension. Now, 25 years after the launch of the .COM domain extension, domain space is crowded and availability is sparse; thereby, making the selection of a suitable domain name difficult.
Recently, however, a new .COM domain name competitor has entered the fray. On July 20, 2010, in a described "landrush event," the ".Co" domain became available worldwide via participating registrars (e.g., Go Daddy). In the first 24 hours, nearly 250,000 .Co domain names were registered. Read More ›
Categories: E-Commerce, Intellectual Property
Some Modern Guidance on a 30-Year-Old Substance Abuse Confidentiality Law
While Health Care Reform and HIPAA's HITECH Regulations are hot topics in the health care world, receiving less attention is the Substance Abuse and Mental Health Services Administration's and the Office of the National Coordinator for Health Information Technology's recently published Frequently Asked Questions ("FAQs") for applying Substance Abuse Confidentiality Regulations to electronic health information. While receiving less media attention, these FAQs are no less important as they give guidance on a law and regulations that were enacted nearly thirty years ago (the federal confidentiality law is codified as 42 U.S.C. § 290dd-2 and 42 CFR Part 2 (“Part 2”)). Not surprisingly, given that the law was enacted thirty years ago, prior to the FAQs there was little government guidance on substance abuse confidentiality that contemplated modern technology such as electronic health records. Read More ›
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