Venture Capital-Free Accelerated Monetization of Non-Core IP: A Case Study of an Innovation Company
September 01, 2005
Monetizing non-core IP is rational, practical, and increasingly common. The IP literature is now rich with examples of accelerated monetization of cash-generating IP through the transfer of assets and risks, usually assisted through some form of structured finance. The literature is even richer with countless examples of painstakingly slow monetizations of non-cash-generating IP usually through joint ventures or venture capital-backed transactions. We describe a case in which non-core IP was monetized rapidly after which the bulk of the reward potential remained in the hands of the original IP owners. We suggest that when non-core IP is generated consequent to market demand in the course of the Parent's operations, and merely happens to reside outside the Parent's core business, a rapidly structured Parent-financed spin off can create accelerated financial and strategic benefits.
Not All Property Rights Are Created Equal
September 01, 2005
You've been there and know the terrain: The law breaks property into two categories -- real and personal. If the object of a transaction is found to be personal property, then it is subsequently categorized as either tangible or intangible. In the realm of interconnected networked computers, however, although broadly categorized as personal property, Internet property has characteristics of tangible and intangible property. Consequently, attorneys must take the special nature of Internet property into consideration when attempting to resolve or avoid legal difficulties relating to an Internet transaction, something, of course, to which e-commerce ventures find themselves at ongoing risk and dealing in round-the-clock daily.
Losing Grasp Of Technology
September 01, 2005
Let me say one word: Internet. Now, how about a couple more: Broadband Access. It's my contention that the security problems we face today in the forms of unsolicited e-mail, virus infection, phishing scams and the dreaded identity-theft issues are the direct result of giving access to powerful computers attached to the Internet via broadband access to users who are unqualified to own, use and operate such technology.
Attorney Fees Rulings
August 31, 2005
A Manhattan federal district court declined award attorney fees to defendant booking agents and concert promoters who prevailed in a suit by black concert promoters alleging race discrimination in concert bookings. <i>Rowe Entertainment Inc. v. The William Morris Agency Inc.</i>, 98 Civ. 8272 (RPP).
Index
August 31, 2005
Everything contained in this month's issue in an easy-to-read format.
The Progressive Lawyer
August 31, 2005
In March of this year, in Part One of this article, we discussed the importance of the initial pendente lite application in introducing the parties to the judge and setting the tone for the balance of the case. The mandate that we provide judges with sound, hard evidence at the <i>pendente lite</i> phase -- in order to enable the courts to deal fairly with both sides pending the submission of final proofs -- was heavily stressed.
How to Develop New Clients from Conferences and Seminars
August 30, 2005
Over the years, one of the major complaints we receive from attorneys and marketing directors is that they invest thousands of dollars and countless hours on seminars and conferences that do not lead to new clients. We hear horror stories from professionals who attend these events and don't make contacts, don't arrange meetings, and don't produce any new clients from these events. Like any other marketing effort, you can maximize your results from seminars and conferences if you learn how to plan and work them correctly. If you commit to developing a plan, investing time and effort to execute your plan, and tracking results you will be rewarded with new clients and contacts. Here are a few tips on how to plan for these events, differentiate your practice from your competitors, and develop new business as a direct result of these events.
Virtual Worlds And Digital Rights
August 30, 2005
Today's virtual worlds -- sometimes also called digital or synthetic -- evolved from text-based role-playing games such as Dungeons & Dragons. The predecessors of the "Massively Multiplayer Online Role-playing Games" (MMPORGs) of today began for the most part in the late 70s and early 80s when various individuals first engaged in the role-playing game behavior online. The online text-based commands and prompts allowed the players to act out various fantasies without the close proximity requirement that is inherent in the earlier written and oral gaming forms. As the online technology grew, so did the nature and complexity of the interactive games, including the addition of videogame graphics to the text-based game elements. In the '90s, the current state of online MMPORGs began offering a real-time socially interactive component that was not available on traditional offline console gaming. While the physical space and landscape is simulated in the virtual environment of today, the social interactions are real since virtual characters, or "avatars," in the digital world are controlled and operated by a real person and not just by strict computer code. While these games are currently used mostly as an avenue for play and social interaction, if the proliferation of online entrepreneurship continues, the games will likely be more focused on commerce, research and work or work-related activities.
A Different Kind Of Property Right
August 30, 2005
The law breaks property into two categories: real and personal. If the object of a transaction is found to be personal property, it is subsequently categorized as either tangible or intangible. Although broadly categorized as personal property, Internet property has characteristics of both tangible and intangible property. Consequently, attorneys must take the special nature of Internet property into consideration when attempting to resolve legal difficulties relating to an Internet transaction.
