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Tag Archives: Web/Tech

PROPOSED RULE CHANGES REGARDING E-DISCOVERY

Posted in Cyberspace Law, Web/Tech

  By: Dale Campbell & Brittany Shugart The Federal Civil Rules Advisory Committee (the “Committee”) has proposed numerous rule revisions, several of which are designed to address discovery problems related to electronically-stored information (“ESI”). ESI discovery has become extremely complex and expensive as technology continues to expand into numerous and varying communication devices and data storage. ESI is located… Continue Reading

California Passes New Privacy Law That May Require Revisions to Most Online Privacy Policies.

Posted in Privacy, Web/Tech

 By: Scott Hervey Once again, California leads the nation in passing online privacy consumer protection legislation. On September 30, 2013 Governor Jerry Brown signed into law A.B 370 which adds new provisions to California’s existing Online Privacy Protection Act (Business and Professions Code Section 22575).  These new provisions require the operators of websites, online services and  mobile… Continue Reading

“The Role of Digital Media in Influencing Public Perception and Behavior” Panel Discussion

Posted in Web/Tech

Join us March 26! Weintraub Tobin and the LAVA Digital Media Group will host a panel discussion: "The Role of Digital Media in Influencing Public Perception and Behavior" on Tuesday, March 26. Digital Media plays a significant role in creating and defining cultural norms and influencing individual behavior. Join our panel of experts in a… Continue Reading

Bloggers’ Rights and anti-SLAPP

Posted in Web/Tech

By Lisa Y. Wang One usually thinks of a librarian as a calm and lawsuit-free job. However, a librarian in Canada is facing a $3.5-million lawsuit over a personal blog post he wrote three years ago. Dale Askey, an associate librarian at McMaster University, is being sued by Edwin Mellen Press Ltd., an international academic publishing company,… Continue Reading

Revisiting the “Safe Harbor” Provisions of the DMCA

Posted in Copyright Law, Entertainment Law, Web/Tech

By: James Kachmar In late December, the Ninth Circuit revisited the “safe harbor” provisions of the Digital Millennium Copyright Act (“DMCA”) in the case UMG Recordings, Inc. v. Veoh Networks, Inc., 101 U.S.P.Q.2D (BNA) 1001. Veoh is a web service that allows users to view videos uploaded by other users.   Veoh was sued for copyright infringement… Continue Reading

Court Finds Kinect and Kinbox Not Kinected

Posted in Trademark Law, Web/Tech

By Nathan Geronimo Kinbook, LLC, an online social networking company, recently sued Microsoft for unfair competition and reverse trademark infringement in United States District Court.  (Kinbook, LLC v. Microsoft Corp.,2012 U.S. Dist. LEXIS 8570.) Kinbook created a Facebook application called “Kinbox,” which allows Facebook users to create private sub-social networks for sharing of information within… Continue Reading

ONLINE PIRACY WAR HEATS UP

Posted in Cyberspace Law, Web/Tech

By Zachary Wadlé In my last column of 2011 I wrote about the proposed “Stop Online Piracy Act” (“SOPA”) introduced in the United States Congress to provide the government with enhanced, but highly controversial, tools to fight online copyright infringement. As I noted, SOPA “spawned a fierce public relations and lobbying battle between Silicon Valley and… Continue Reading

Hollywood and Silicon Valley Spar Over Proposed “Stop Online Piracy Act”

Posted in Copyright Law, Cyberspace Law, Entertainment Law, Web/Tech

By Zachary Wadlé On Oct. 26, 2011, the Stop Online Piracy Act “SOPA” (H.R. 3261) was introduced in the United States House of Representatives. One of SOPA’s primary goals is to address the continuing problem of online digital piracy of counterfeit movie, music, and other copyrightable works engaged in through foreign websites.  The 1998 Digital Millennium… Continue Reading

At Some Point, Litigation Must Come To an End

Posted in Copyright Law, Trade Secrets, Web/Tech

By Dale Campbell The Ninth Circuit has attempted to end the disputes arising from the creation of Facebook. As dramatized in the Hollywood blockbuster, The Social Network, the Winklevoss twins and other Harvard graduates claimed that Mark Zuckerberg stole the idea for Facebook from them. The Winklevosses claimed they conceived and created the idea for a social… Continue Reading

Online Ticket Resellers Immune Under the Communication Decency Act

Posted in Web/Tech

By: Jeffrey Pietsch A New Jersey Superior Court recently granted summary judgment in favor of online ticket resellers who were sued by the New Jersey Attorney General’s Office for violating New Jersey’s Consumer Fraud Act and Advertising Regulations. The summary judgment was granted by the court based on the immunity provided by Section 230 of the… Continue Reading

The Seventh And Ninth Circuits Split On What Constitutes “Without Authorization” Within The Meaning Of The Computer Fraud And Abuse Act

Posted in Trade Secrets, Web/Tech

By Dale C. Campbell and David Muradyan The Seventh Circuit and the Ninth Circuit do not agree on what constitutes “authorization” under the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (2004) (“CFAA”)?  The CFAA prohibits accessing computers “without authorization” or “exceed[ing] authorized access” to take various forbidden actions, ranging from obtaining information to… Continue Reading

Online Retailer Not Liable for Libelous User Posts

Posted in Web/Tech

by Jeff Pietsch In a recent case from the Eastern District of Missouri, Cornelius v. DeLuca (E.D. Aug. 18, 2009), the district court addressed whether a fitness website and online retailer was liable for negative comments and reviews posted by users concerning plaintiffs’ dietary supplements.  In Cornelius, plaintiffs Cornelius and Syntrax Innovations, Inc. alleged that… Continue Reading

Updating California’s Discovery Rules with the Electronic Discovery Act

Posted in Web/Tech

by Dale Campbell and Emily Hirsekorn State rules concerning electronic discovery just got clearer. On June 29, 2009, Governor Schwarzenegger signed the Electronic Discovery Act (the “Act”), which became effective immediately. Just last year, the Governor vetoed an almost identical version of the Act in order to focus more attention on the budget crisis. Of course, we see how… Continue Reading

Employers: You May Be Eligible for Immunity Under the Communications Decency Act

Posted in Cyberspace Law, Privacy, Web/Tech

By James Kachmar           A California appellate court affirmed last month that an employer is entitled to immunity from tort liability for threatening emails sent on or through the employer’s internet/email system by one of its employees. On December 14, 2006, the Sixth Appellate District in the case Delfino v. Agilent Technologies, Inc., 2006 WL3635399, affirmed… Continue Reading

Early Stage Companies and Strategic Business Alliances

Posted in Web/Tech

By: R. Todd Wilson Early stage companies often hope to gain significant operational advantage by forming strategic alliances.#160 Such alliances may significantly accelerate the growth of such companies.#160 By collaborating to achieve mutual commercialization or implementation goals, the entities that form such alliances seek to maximize the value of each entity’s intellectual property in ways… Continue Reading

Just Say Yes! Supreme Court Ruling May Expand Availability and Variety of Drugs

Posted in Web/Tech

By Adam Jones In a case that will dramatically impact both the pharmaceutical and biotech industries, the U.S. Supreme Court recently expanded the ability of researchers to experiment with patented drugs without being held liable for patent infringement.#160 In a unanimous ruling, the Court held that the use of patented compounds in preclinical studies is… Continue Reading

High Tech Company Formation Requires Careful Consideration

Posted in Web/Tech

By Julie Garcia Determining the choice of entity for a high technology company can be a daunting task. In general, careful consideration should be given to the choice of entity when forming any type of company; however, high technology companies have additional issues that may alter the decision regarding the choice of entity. Generally, raising… Continue Reading