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Intellectual Property In The Online World: An Ongoing Digital Dilemma ( June 2005 )
From the very first moment when a record company learned that a song could be shared through an online file sharing service for free, or a photographer discovered that his/her photo was being distributed as a high-resolution graphic without a license or an author saw proprietary content posted on a web site without permission, the battle between content providers and technology providers has been raging. -
Bureau of Information and Security Announces FinalPenalty Guidance Rule and Deemed Export ViolationSettlements ( May 2004 )
The Department of Commerce's Bureau of Information and Security recently announced the settlement of two California cases investigated by its Office of Export Enforcement that illustrate the application of its new penalty guidance rule and the range of civil and criminal penalties currently being assessed against individuals and companies which violate the "Deemed Export Rule." -
Northern District Court of California Finds DVD Copying Violates the DMCA ( May 2004 )
The advent of new technologies to produce, distribute and, most importantly, control copyrightable material has created a paradigm shift in copyright law. The passage of the 1998 Digital Millennium Copyright Act reflected this change by replacing the focus of analysis onto the act of circumvention of anti-piracy measures, rather than by judging the legitimacy of the uses of such "illegally" obtained copyrighted material. -
Recent Exemptions Created by the Digital Millennium Copyright Act ( May 2004 )
The world of entertainment is progressing full speed ahead through the transition from analog to digital. However, lawmakers are in the unenviable position of playing a game of catch-up, especially in regard to the protection of the intellectual property that is at the heart of these digital formats. -
Technology & Intellectual Property Alert: March 2004 ( March 2004 )
For a variety of companies doing business on the Internet, a recent decision involving America Online may raise the risks of being held liable for copyright infringement. In <i>Ellison v. Robertson</i>, the Ninth Circuit Court of Appeals limited the ability of companies to rely on a special limitation of liability that Congress enacted in the Digital Millennium Copyright Act of 1998. -
Corporate Liability For Online File Sharing ( January 2004 )
When management assesses the various financial and legal risks of a company's day-to-day operations, it is safe to assume that the staff member listening to the latest Britney Spears album on his or her computer is not the top concern of most compliance officers. But to understand how corporate entities may become targets, it is necessary to understand the recent history of the battle between copyright holders and online file sharing providers and users. -
One of the latest computer technology controversies surrounds "screen scraping," a process by which a software program simulates a user’s interaction with a Web site to access information stored on that site.
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Dialing Up To The Internet: How To Stay Safe Online ( September 2002 )
A dial-up connection to the Internet may be lower-tech—and slower-tech—than a broadband connection, but there's one thing they share: they both depend on the user to keep them operating safely and securely. If your computer is attacked by a virus or a hacker, it really doesn't matter what type of connection you use: the damage is done. You could lose important personal information or software that's stored on your hard drive, as well as valuable time trying to make repairs. -
eBay Not Liable For Copyright Infringement For Items Auctioned on its Web Site ( October 2001 )
eBay recently won a summary judgment motion in federal court when it was alleged that the well-known on-line auctioneer had violated provisions of the Digital Millennium Copyright Act. -
What Napster Means for Growth Companies ( April 2001 )
Looks at the effect the Napster decision will have on other online companies.
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