Integrating Software Escrows into Intellectual Property Strategy
March 01, 2006
Software developers invest a great deal of time and effort developing complex code that performs unique functionality for which there is a viable market. These software developers typically offer software licenses that only license object code, <i>ie</i>, the code that can be read by a machine, rather than the source code, <i>ie</i>, code that can be deciphered and read by a person.
The Dismantling of the DMCA's Anti-Circumvention Provisions
March 01, 2006
According to a recent decision in the U.S. District Court for the District of Columbia, the use of an illicitly obtained password and username to enter an otherwise secure Web site does not violate the anti-circumvention provisions of the Digital Millennium Copyright Act ("DMCA"). In <i>Egilman v. Keller & Heckman LLP</i>, 2005 U.S. Dist. LEXIS 28245 (D.D.C. Nov. 10, 2005), the court held that the law firm Keller & Heckman and others working in concert with it who entered Dr. Egilman's Web site through the use of a username and password that they were not authorized to use had not violated the DMCA, regardless of how the username and password were obtained. This surprising decision runs counter to other decisions interpreting the DMCA and would appear to create a significant loophole to the DMCA's anti-circumvention provisions.
Downloading Copyrighted Songs on File-Sharing Network Is Not 'Fair Use'
March 01, 2006
In an important decision interpreting the fair use provision of the Copyright Act (17 U.S.C. §107), the U.S. Court of Appeals for the Seventh Circuit recently held that downloading full copies of copyrighted material without compensation to authors cannot be deemed "fair use." In <i>BMG Music v. Gonzalez</i>, 430 F.3d 888 (7th Cir. 2005), Judge Frank H. Easterbrook, writing for a unanimous three-judge panel, rejected the defendant's argument that she was immune from liability because she was merely sampling songs that she had downloaded from the KaZaA file-sharing network on a "try-before-you-buy basis."
Another Kind Of Room With A View
March 01, 2006
Ramping up for document-review is a challenging prospect, requiring a firm to react quickly and aggressively, depending on the requirements of the case. And the rising demand for attorneys to review vast stores of documents generated by click-of-a-button, lightning-fast contemporary e-commerce is also giving rise to law firms engaging in more electronically grounded commerce themselves as they advise and assist clients in meeting requirements of routine document review, storage and disposal as part of regular business, and the specifics of electronic discovery. <br>Vendors are offering off-site document-review rooms (DRRs) more frequently for customers who see the value these resources provide, and the DRR market is expanding.
Should You Turn Your e-Commerce Business Over To The Head Geek?
March 01, 2006
To practice successfully, lawyers must rely on others all the time. Whether in litigation or corporate practice, few lawyers today can succeed without trusting associates, paralegals and experts to handle critical tasks quickly and cost-efficiently. It's the way of the modern workaday world. But would you turn your cases over to your firm's head geek?
Competing For Talent: Recruiting In A Competitive World
March 01, 2006
It seems that one price we pay for a sound economy is a growing shortage of talent. Finding and keeping good talent in a strong economy, for many firms, is becoming a major intrusion in firm management, consuming large blocks of valuable time. <br>If you're a major international law firm, recruiting is relatively easy. But if you're not, you face a vast array of problems. You may be competing against larger or more prestigious firms. You may be in a small town that nobody ambitious wants to work or live in, or a town with expensive housing. You may find yourself in an area with a large number of competing firms. And recruiting, remember, is a competitive business.
Cherry-Picking Talent
March 01, 2006
A new, more proactive ' if tedious ' hiring strategy has emerged that mid-market firms are adopting. Rather than target highly sought-after rainmakers or hope for a ready-made practice group to shake loose from a large firm, these practices are building their offices piecemeal by cherry-picking young guns from the biggest and best firms, enticing them with flexible billing rates, shorter partnership tracks, oodles of support and a free rein.
Why Private Equity May Be the Preferred Vehicle for Franchise Expansion
March 01, 2006
Why is private equity funding the hottest thing in franchising today? In the past 12 months, private equity buyouts have included well-known brands such as Cinnabon, Church's Chicken, Taco Bueno (a regional taco maker), and regional frozen dessert operator Rita's Italian Ice.
Mexico Amends Its Franchise Law
March 01, 2006
On Jan. 26, 2006, an amendment to the Mexican Industrial Property Law (<i>Ley de la Propiedad Industrial</i>) ("IPL") became effective. The new amendment mandates new requirements for presale franchise disclosure and for franchise agreements. To comply with the law, most franchisors will need to change their existing forms of franchise agreements used in Mexico.
News Briefs
March 01, 2006
Highlights of the latest franchising news from around the country.
