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No Electronic Theft Act Is A Partial Success
In 1997, the No Electronic Theft Act radically changed the underpinnings of criminal copyright infringement. Before the act, criminal copyright infringement targeted infringers making profits. The act focuses instead on copyright owners' losses, treating criminal copyright infringement as a type of theft ' like shoplifting.
Prior to the act, criminal copyright infringement required willful infringements committed for commercial advantage or private financial gain. In 1993, David LaMacchia, a 21-year-old Massachusetts Institute of Technology student, operated a bulletin board system that allowed users to upload and download infringing software applications and videogames.
LaMacchia operated the bulletin board system for fun, without any profit motive. Because of that, prosecutors couldn't charge him with criminal copyright infringement. Instead, prosecutors charged LaMacchia with one count of conspiracy to commit wire fraud. In Dowling v. United States, 473 U.S. 207 (1985), the U.S. Supreme Court ruled that intangible intellectual property couldn't be taken by fraud. The court then dismissed the indictment. U.S. v. LaMacchia, 871 F. Supp. 535 (D. Mass. 1994).
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.