Weintraub Tobin and Moss Adams are co-sponsoring the LAVA Digital Media Group’s panel discussion: “What’s Ahead for Digital Media in 2013” on Tuesday, February 26.
Making predictions in digital media can be challenging. At this time last year who even knew what Pinterest was, let alone that it would explode in popularity. Our panel
Most of us have become familiar with the terms and conditions printed on the back of the ticket that is obtained when parking our cars in public lots. We all are familiar with the caption at the top of the ticket proclaiming “This contract limits our liability, please read it.” Having parked my car hundreds of times in public parking lots, each time receiving a small ticket informing me of this proclamation, I now scandalously admit that I have never read these terms. Yet, if a dispute were to ensue regarding the terms and conditions of my use of public parking, the dispute would likely center around the terms and conditions that I have carelessly ignored in cavalier fashion. While I’m not suggesting that we review, analyze, revise and negotiate the boilerplate terms thrust upon us in the context of public parking, I mention this frequently overlooked contract relationship to demonstrate that we often may enter into contracts with others, while giving little thought or consideration to the terms we have accepted.Continue Reading This Contract May Cause You Unlimited Liability – Please Read It
By: Lisa Y. Wang and Matthew N. Sugarman 
Some Facebook trends are more fun than others (remember the annual Doppelganger Week and the "25 Random Things About Me" trend in 2009?). This past week a different Facebook status trend took hold: a copyright disclaimer. Millions have been posting a copyright notice as their Facebook status because they believe it will prevent Facebook from using their intellectual property (such as pictures, status updates, clever memes, and everything else we put on Facebook) without their permission. These copyright notice status updates first appeared in May 2012 after Facebook went public and resurfaced over Thanksgiving after a rumored change in Facebook’s user agreement. And, it’s as ineffective now as it was back then. Below is the legally worthless notice:
In response to the new Facebook guidelines I hereby declare that my copyright is attached to all of my personal details, illustrations, comics, paintings, professional photos and videos, etc. (as a result of the Berner Convention). For commercial use of the above my written consent is needed at all times!
(Anyone reading this can copy this text and paste it on their Facebook Wall. This will place them under protection of copyright laws. By the present communiqué, I notify Facebook that it is strictly forbidden to disclose, copy, distribute, disseminate, or take any other action against me on the basis of this profile and/or its contents. The aforementioned prohibited actions also apply to employees, students, agents and/or any staff under Facebook’s direction or control. The content of this profile is private and confidential information. The violation of my privacy is punished by law (UCC 1 1-308-308 1-103 and the Rome Statute).
Facebook is now an open capital entity. All members are recommended to publish a notice like this, or if you prefer, you may copy and paste this version. If you do not publish a statement at least once, you will be tacitly allowing the use of elements such as your photos as well as the information contained in your profile status updates.
By: Nathan Geronimo
I have written several articles about litigants running into trouble when their testimony is contradicted by their own postings on social media websites. A recent case from Sacramento illustrates a unique twist on the interplay between social media and court proceedings: the effect of juror posts on a defendant’s right to a fair trial.
Juror Number One v. Superior Court involved a juror posting comments on his Facebook wall about evidence presented at trial while the trial was in progress. Following the trial and conviction on assault charges, the Court became aware of the Facebook activity, and held a subsequent juror misconduct hearing based on Juror One’s trial posts. Juror One admitted posting comments on Facebook during the trial, but denied that the posts were about the trial or any evidence presented. For example, Juror One admitted to posting that he was so bored one day during trial that he almost fell asleep. He also invited a female juror to be his Facebook “friend.” At the conclusion of the misconduct hearing, the Court was satisfied that there had been clear misconduct, but had further questions about the degree of misconduct, and whether it had been prejudicial to the trial. Counsel for the real party in interest then issued a subpoena to Juror One for all postings by Juror One during the trial, including all emails and other electronic communications. Juror One moved to quash the subpoena as overbroad. The Court agreed that the subpoena was overbroad, but issued an order requiring Juror One to turn over all of his Facebook postings during trial to the Court for in camera review.Continue Reading Social Media Impacts: Jury Trials
By: Lisa Y. Wang
The internet is about to change dramatically. Since Al Gore “invented” the world wide web, users have been used to using a limited number of top-level domains (“TLD”). A top level domain is the end portion of a web address (e.g. .com, .net, .org, .biz, and .gov). A second level domain name consists of the words in between www. and the TLD (e.g. apple in www.apple.com). Currently, there are 22 top level domains (such as .org, .edu, and, .com) and over 200 country based domains (such as .us, .de, or .eu). But, by this time next year there may over a thousand in multiple categories such as place domains (e.g. .nyc, .taipei), keyword domains (e.g. .hotel, .watch, .apparel) or even brand domains (e.g. .apple, .gap, .walmart). It is important to protect your business from potential consumer confusion and infringement when these new TLDs go live next year.
The Internet Corporation for Assigned Names and Numbers (“ICANN”), a non-profit corporation, manages most TLDs, internet protocol addresses, and basically anything that involves the URL itself. Last year, ICANN approved the creation of new TLDs called generic top-level domains (“gTLD”) to increase competition and choice in the world wide web. Any legal entity may apply to create and manage a gTLD.Continue Reading The Upcoming Internet Shift
