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Developments of Note
Yahoo! Enters Agreement with NY Attorney General on Marketing Practices
Online service provider Yahoo! entered into an Assurance of Discontinuance agreement with the New York State Attorney General, promising to change several marketing practices announced last year as part of a new preferences program. In the Matter of Yahoo! Inc. (Agreement dated Sept. 24, 2003). In March 2002, Yahoo! announced changes to its marketing program that would have included in Yahoo!'s telemarketing and e-mail campaigns consumers who had already opted out when they registered, unless they affirmatively opted out again. Among other things, the agreement forbids Yahoo! from telemarketing to users who had previously opted out, and requires that Yahoo! provide all users additional notice of the marketing changes and an additional opportunity to opt out of receiving e-mail promotions. Additionally, Yahoo! agreed to pay $75,000 to cover the costs of the investigation.
Librarian of Congress Creates Limited DMCA Exemptions
On Oct. 28, the Librarian of Congress announced four classes of works that are exempted from the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA). The four limited classes are: 1) lists of sites blocked by commercial Internet filtering software; 2) computer programs protected by hardware dongles that are broken or obsolete; 3) computer programs or video games that use obsolete formats or hardware; and 4) e-books that prevent read-aloud or other handicapped access formats from functioning. Many critics of the DMCA had urged further exemptions that would have allowed the circumvention of copyright protections in more situations where the user engages in noninfringing uses of the works.
California Enacts Tough Anti-Spam Law
On Sept. 23, California Governor Gray Davis signed legislation that is perhaps the most far-reaching anti-spam law in the nation. The new law is worded broadly to prohibit any person or entity from sending an unsolicited commercial e-mail advertisement either “from California” or “to a California electronic mail address.” It also prohibits “advertising” in such e-mails. Individual recipients, Internet service providers and the state attorney general are authorized to pursue actions against violators, with liquidated damages of up to $1 million per spamming incident. The new law is set to take effect on Jan. 1, however, court challenges are anticipated.
Julian S. Millstein Edward A. Pisacreta Jeffrey D. Neuburger
Yahoo! Enters Agreement with NY Attorney General on Marketing Practices
Online service provider Yahoo! entered into an Assurance of Discontinuance agreement with the
Librarian of Congress Creates Limited DMCA Exemptions
On Oct. 28, the Librarian of Congress announced four classes of works that are exempted from the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA). The four limited classes are: 1) lists of sites blocked by commercial Internet filtering software; 2) computer programs protected by hardware dongles that are broken or obsolete; 3) computer programs or video games that use obsolete formats or hardware; and 4) e-books that prevent read-aloud or other handicapped access formats from functioning. Many critics of the DMCA had urged further exemptions that would have allowed the circumvention of copyright protections in more situations where the user engages in noninfringing uses of the works.
California Enacts Tough Anti-Spam Law
On Sept. 23, California Governor Gray Davis signed legislation that is perhaps the most far-reaching anti-spam law in the nation. The new law is worded broadly to prohibit any person or entity from sending an unsolicited commercial e-mail advertisement either “from California” or “to a California electronic mail address.” It also prohibits “advertising” in such e-mails. Individual recipients, Internet service providers and the state attorney general are authorized to pursue actions against violators, with liquidated damages of up to $1 million per spamming incident. The new law is set to take effect on Jan. 1, however, court challenges are anticipated.
Julian S. Millstein Edward A. Pisacreta Jeffrey D. Neuburger
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.