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We offer the synopsis of the decision in the story below for readers who represent Web sites and other e-commerce enterprises that use public-domain material as content to drive sales, use it to market their products and/or Web sites or even sell public-domain material. The High Court's ruling allows use of unattributed public-domain material, lifting concerns that such unattributed use is actionable under the Lanham Act, which some authors and other artists have relied on to seek relief for repeated use of unattributed material, even though such material had entered the public domain.]
Even though e-commerce has become a norm, businesspeople and consumers buy goods and services online without considering for a second how using the Internet has brought those goods and services to people and locations that would not have enjoyed these benefits a decade ago.
On April 14, the privacy provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) went into effect, requiring compliance from 'health plans,' 'health care clearinghouses' and most 'health care providers' (collectively, covered entities).
Recent developments in e-commerce law and in the e-commerce industry.
Features
The FTC is under enormous pressure to address the growing proliferation of spam. n light of Constitutional and statutory limitations, the FTC has been forced to focus its efforts on deceptive spam, as opposed to the broader problem of too many unsolicited messages crowding consumers' in boxes.
Features
Recent court rulings in e-commerce.
Despite their constant technological and legal efforts, e-mail providers have found it nearly impossible to keep users from spreading unsolicited commercial e-mail, or spam, throughout their systems. The situation has reached the point where traditionally fierce competitors such as America Online, Yahoo! and Microsoft are now pooling their resources to combat spam. Any company that provides any kind of e-mail services should make it clear to users at the outset that spamming will not be tolerated.
As use of the Internet continues to grow, more e-commerce legal issues are confronting attorneys and their business clients. What follows are the Top 10 legal issues counsel should be prepared to address as their clients expand their business into cyberspace.
Events such as Sept. 11 and the war with Iraq have brought issues such as disaster recovery and IT security measures to the forefront of the business world.
Each state has incorporated a Deceptive Trade Practices Act (DTPA), but the acts aren't the same, with states tailoring their law to meet the needs of constituents and e-commerce activity within their jurisdiction.