Limits of CDA Immunity For Claims Based on User-Generated Content
February 28, 2012
This article concentrates on the scope of CDA immunity advertisers and entertainment companies that operate UGC campaigns may enjoy, limitations of the CDA in protecting against these claims and ways to structure UGC campaigns to minimize the risk of liability arising from unauthorized use of individuals' name, likeness and other personal attributes possibly included in UGC submitted as part of a sponsored UGC campaign.
Golan v. Holder: A Catalyst for Orphan Works Legislation?
February 28, 2012
On Jan. 18, 2012, the U.S. Supreme Court issued a 6-to-2 decision in <i>Golan v. Holder</i>, ruling that the Uruguay Round Agreements Act of 1994 — which restores U.S. copyright protection for certain foreign works formerly in the public domain — fits within Congress' constitutional authority to "adjust copyright law to protect categories of works once outside the law's compass." <i>Golan</i>, like <i>Eldred v. Ashcroft</i> before it, solidifies the constitutional authority of Congress under the Copyright Clause to control the terms and duration of U.S. copyright protection.
Opening the Web As a Frontier for Gambling in the U.S.
February 01, 2012
An opinion published by the U.S. Department of Justice's (DOJ) Office of Legal Counsel in late December has opened the way for state lotteries to sell tickets via the Internet. And now people are wondering if poker, casinos, and other online gaming enterprises can be far behind.
Proving Contributory Online Trademark Infringement
February 01, 2012
The ubiquity of the Web on computers, mobile phones and tablets offers businesses the opportunity to connect with consumers throughout the world in ways they never could before. Unfortunately, along with the success of legitimate online commerce, the distribution and sale of counterfeit products through professional-looking websites has also increased dramatically, particularly in the clothing, consumer electronics, pharmaceutical and footwear industries.