I Signed WHAT?!
June 26, 2008
The typical e-commerce 'Terms and Conditions,' the electronic equivalent of the fine-print contract that governs use of a sales Web site, creates such an unfriendly shopping environment that it makes the legendary 'No soup for you!' restaurant of the television situation comedy Seinfeld seem like the Welcome Wagon. Although I have often written about how the law affecting e-commerce firms ordinarily follows traditional law, the common e-commerce contract stands in stark contrast. Consider the following clauses from actual online agreements obtained in April and May ' and whether you have ever seen anything comparable in any real-world store, much less these Web stores' real-world affiliates.
Technology in Marketing: YouTube for Lawyers 101
April 28, 2008
There is no question that online video has become one of the hottest mediums on the Web. For example, a recent Accustream iMedia study found that user-generated video captured 22 billion page views in 2007. Importantly, the interest in online video is not limited to young viewers, but is also shared by a significant and growing audience of older, more educated, and more affluent viewers.
Cameo Clips
March 27, 2008
FILM PRODUCTION/DEFAMATION<br>FILM PRODUCTION/TRADEMARKS, DEFAMATION<br>KARAOKE LICENSES/LANHAM ACT, COPYRIGHT CLAIMS
Patent Troll Blogger Sued for Defamation
March 25, 2008
The moral of this story is 'Blogger Beware,' at least when it comes to blogging anonymously about litigation involving your employer. Before Cisco Systems Inc. in-house lawyer Richard Frenkel outed himself in February as the Patent Troll Tracker blogger, he posted blog entries in October 2007 that alleged two East Texas lawyers conspired with the Eastern District Clerk's Office to alter the filing date of an infringement suit. That suit was filed against Frenkel's employer, Cisco.
Comic-Book Rights Get Close Look
February 28, 2008
As a child, Geoffrey Gerber grabbed comic books out of his dentist's treat bag after checkups. As an intellectual-property partner at Husch Blackwell Sanders, he grabs comic books ' key elements now in a substantial portion of his practice ' out of his litigator's case. 'There's a tremendous amount of comic-book litigation out there,' says Gerber, who practices in St. Louis for the newly merged firm. He adds that comic books, which hit it big in the 1930s as mainstream media, are 'fairly new media' in the scope of entertainment.
Where Have All the Technophobes Gone?
February 27, 2008
Legal Tech is the excellent and information-rich three-day conference that brings lawyers and technology together. Here is an interesting review by a Legal Tech insider.
The Best of MLF 2007
January 30, 2008
In last month's issue, we highlighted articles from the first half of 2007. Editor-in-Chief Elizabeth Anne "Betiayn" Tursi presents in this issue excerpts from one article from each of the August to December issues.
Should Auld e-Commerce Be Forgot?
January 29, 2008
For many, 2008 began with the timeless strains of 'Should auld acquaintance be forgot.' But for e-commerce practitioners, there's no time for celebrating: The pace of change is constant. Information is out of date almost as soon as it has been published, as new technology may in itself, and certainly will help, competitors race to unseat those who came before. In that spirit, then, let's look back over some of the subjects that have recently appeared on these pages, to see how the law and business of e-commerce have developed since we first wrote about them.
e-Battling Demons and Other Woes
December 21, 2007
When the same entertainment network that gave us Family Guy and American Idol (and soon, The Wall Street Journal) does a multi-million dollar buyout of a self-proclaimed 'spiritual Web site,' www.beliefnet.com, no one can deny that the selling of religion online has become big business. Although the Bible and the Pope may have both condemned mixing commerce and worship, today the temple appears to have firmly established itself in digital form in the e-commerce marketplace, rather than the marketplace having been set up ' and pitched out of ' the temple.
The Best of MLF 2007
December 21, 2007
In 2007, we learned a lot from myriad authors and our fabulous regular columnists. As with past practice, I am going to give our readership the pleasure of having the opportunity to enjoy reading one article from each of the past 12 months. In this issue we will feature January up to and including July. The February issue will continue highlighting one article from each of the August to December issues.
