Newsletters From the Stoel Rives Web Site http://www.stoel.com/showarticle.aspx?show=1232 en-us Copyright 2013, Stoel Rives clientservices@stoel.com http://blogs.law.harvard.edu/tech/rss 5/19/2013 6:52:56 AM http://www.stoel.com/showarticle.aspx?Show=7743 Just when you thought it was safe to put your foot into the Internet waters, you start reading troublesome articles about potential risks and liabilities. What is a savvy business owner to do? Certainly, there are risks associated with online content, ... Thu, 10 Mar 2011 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=6649 Cairo, Inc. v. Crossmedia Services, Inc., 2005 WL 756610 (N.D. Cal Apr. 1, 2005) There is a lot of controversy in computer law circles about the circumstances under which the user of a website is bound by provisions contained in the website's terms ... Mon, 03 May 2010 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=7738 ... Fri, 24 Aug 2007 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=2085 U.S. cases are widely split on whether trademark-triggered banner ads or sponsored links constitute "use" under the federal trademark statute, whether this sort of usage creates likelihood of customer confusion, and whether the fair-use doctrine is applicable. ... Fri, 06 Oct 2006 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1996 Web logs, or blogs, are becoming more popular and commonplace in the corporate world. Employees and employers alike have found that these online personal journals provide a platform for communicating to a much wider audience than typical water cooler ... Mon, 24 Jul 2006 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1997 Computer technology has revolutionized the way businesses operate in today’s market. Companies that rely upon computer technology advances to support their business are often unaware of the impacts that technology can have on business disputes and ... Mon, 24 Jul 2006 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1867 We have previously noted the risks of being hailed into foreign courts based on material posted on the Internet. See “Defamation on the Internet: Risks of Getting Hailed into Court in Distant Locations,” http://www.stoel.com/showarticle.aspx?Show=1848. ... Mon, 03 Apr 2006 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1869 On March 30, 2006, a federal district court in New York held that the purchase of key‑word advertising triggered by a competitor’s trademark does not constitute “use in commerce” sufficient to support a federal trademark infringement claim. See Merck ... Mon, 03 Apr 2006 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3385 It is generally unlawful to send any advertisement by facsimile without the express written consent of the recipient. See 47 USC § 227 and 47 CFR § 64.1200. A fax advertisement is defined as any fax message "advertising the commercial ... Mon, 06 Mar 2006 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1878 In Corbis Corp. v. Amazon.com, Inc., No. CV03-1415L, 2004 WL 3092244 (WD Wash Dec. 21, 2004), the court held that Amazon met the requirements for invoking the service-provider safe-harbor defense to infringement claims under the Digital Millennium Copyright ... Thu, 29 Dec 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1872 Joffe v. Acacia Mortgage Corporation, 2005 WL 2303700 (Ariz. Ct. App.) (September 20, 2005) Telephone Consumer Protection ActAcacia Mortgage Corporation ("Acacia") appealed from a trial court’s order that granted partial summary judgment in favor of ... Mon, 03 Oct 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3369 Joffe v. Acacia Mortgage Corporation, 2005 WL 2303700 (Ariz. Ct. App.) (September 20, 2005) Telephone Consumer Protection ActAcacia Mortgage Corporation ("Acacia") appealed from a trial court's order that granted partial summary judgment in favor of ... Sat, 01 Oct 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3379 In the United States, we are used to expansive First Amendment protections that allow great latitude in expressing opinions and generally taking jabs at companies and individuals. Even if what you say turns out to be false and defamatory, in many situations ... Sat, 01 Oct 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1874 The Explorastore, L.L.C. v. California Science Center Foundation, 2005 WL 1502281 (D.Or.) (June 23, 2005) Personal JurisdictionThe U.S. District Court for the District of Oregon held that operating a non-advertising website is insufficient to meet the ... Thu, 28 Jul 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=831 I. INTRODUCTION II. GOVERNMENT REGULATION OF SPEECH ON THE INTERNET A. Background: The Traditional Rules for Broadcast and Print Media B. Uncertainty: The Rules for Cable Television C. The Internet Has Full ... Tue, 21 Jun 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1876 There is a lot of controversy in computer law circles about the circumstances under which the user of a website is bound by provisions contained in the website's terms and conditions of use. Existing case law reflects inconsistent results, with the outcome ... Fri, 29 Apr 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1877 In Bridgeport Music, Inc. v. Dimension Films, 383 F3d 390 (6th Cir 2004), the court held that even if a sample portion of a song is “de minimis” and the resulting work is not substantially similar to the sample recording, there is still copyright infringement. ... Fri, 29 Apr 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1888 In case you haven’t heard, the European Union (EU) has extended its value-added tax (VAT) to cover e-commerce; that is, electronically supplied services to consumers located anywhere in the European Union. Is this a big development? You bet. First, ... Thu, 07 Apr 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1889 On July 1, 2004, the California Online Privacy Protection Act took effect. It requires that website operators who collect “personally identifiable information” from California residents comply with certain requirements, including posting a privacy policy ... Thu, 07 Apr 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1890 In July 2004, President Bush signed legislation passed by Congress in response to the growing problem of identity theft as more and more Americans use the Internet to shop and manage their personal finances. The Identity Theft Penalty Enhancement Act ... Thu, 07 Apr 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1891 On January 7, 2004, the European Commission (EC) issued new standard contract clauses that businesses can use to demonstrate compliance with the European Union (EU) Privacy Directive. The new clauses do not supersede earlier standard contract clauses ... Thu, 07 Apr 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1892 Effective January 1, 2005, California’s new direct marketing disclosure statute will impact all online sellers who collect or have collected, in connection with a business transaction, personal information from consumers residing in California. Such ... Thu, 07 Apr 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1879 Other than the Graham-Leach-Bliley Act (which only covers banks, insurance companies, and other “financial institutions,” broadly defined), and the Children’s Online Privacy Protection Act (which applies only to personal information collected from children ... Thu, 07 Apr 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1871 Bosley Medical Institute, Inc. v. Kremer, 403 F.3d 672 (9th Cir. Apr. 4, 2005) Dissatisfied with the hair restoration services provided to him by the Bosley Medical Institute, Inc., a customer started a website that was highly critical and utilized ... Fri, 01 Apr 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1181 ... Fri, 25 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=6647 ... Fri, 25 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1880 In a closely watched case concerning the Digital Millennium Copyright Act (DMCA), the U.S. Court of Appeals for the Federal Circuit recently affirmed a district court’s summary judgment ruling in favor of a manufacturer of a universal garage door opener ... Fri, 04 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1881 In a matter of first impression, the Utah Court of Appeals held that the exercise of personal jurisdiction over an out-of-state company that sent a single email was appropriate because the email represented sufficient contact within Utah. In Fenn v. ... Fri, 04 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1882 The global reach of the Internet raises the possibility that online activities can subject businesses to the jurisdiction of courts in far-flung places. The rules for Internet-based jurisdiction are still being spelled out by U.S. courts. The general ... Fri, 04 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1883 Can your company be held liable if an employee redistributes an electronic subscription within or outside of the company, in violation of your subscription agreement? You bet. A federal court in Maryland recently so held in a case in which an employee ... Fri, 04 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1884 California adopted a new law, effective July 1, 2003, that requires businesses to notify consumers whenever hackers gain access to a database containing credit card numbers, Social Security numbers, or other personal information of California consumers. ... Fri, 04 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1886 The debate over metatags and the trademark doctrine of “initial-interest confusion” continues. Initial-interest confusion occurs when use of another company’s trademark, or something confusingly similar to the trademark, leads a prospective purchaser ... Fri, 04 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1887 Congress passed this law (commonly called “FACT”) in 2003, as an amendment to the Fair Credit Reporting Act of 1970, but its impact is just now filtering down to the business community. It contains two provisions of interest to online sellers: first, ... Fri, 04 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3370 Congress passed this law (commonly called "FACT") in 2003, as an amendment to the Fair Credit Reporting Act of 1970, but its impact is just now filtering down to the business community. It contains two provisions of interest to online sellers: first, ... Tue, 01 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3406 In a matter of first impression, the Utah Court of Appeals held that the exercise of personal jurisdiction over an out-of-state company that sent a single email was appropriate because the email represented sufficient contact within Utah. In Fenn v. ... Tue, 01 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3392 The Internet insinuates its tentacles all over the world, making it difficult to apply traditional principles of personal jurisdiction, which usually require some pretty significant contact with the forum state. In Yahoo! Inc. v. La Ligue Contre le Racisme, ... Tue, 01 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3395 Effective January 1, 2005, California's new direct marketing disclosure statute will impact all online sellers who collect or have collected, in connection with a business transaction, personal information from consumers residing in California. Such ... Tue, 01 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3397 In July 2004, President Bush signed legislation passed by Congress in response to the growing problem of identity theft as more and more Americans use the Internet to shop and manage their personal finances. The Identity Theft Penalty Enhancement Act ... Tue, 01 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3399 A New York court has held that an email sent by a defendant accepting the plaintiffs' offer to purchase real property, in which email the defendant had typed his name, satisfies the requirement of the statute of frauds that contracts for the transfer ... Tue, 01 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3401 Other than the Graham-Leach-Bliley Act (which only covers banks, insurance companies, and other "financial institutions," broadly defined), and the Children's Online Privacy Protection Act (which applies only to personal information collected from children ... Tue, 01 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3380 In Bridgeport Music, Inc. v. Dimension Films, 383 F3d 390 (6th Cir 2004), the court held that even if a sample portion of a song is "de minimis" and the resulting work is not substantially similar to the sample recording, there is still copyright infringement. ... Tue, 01 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3381 In Corbis Corp. v. Amazon.com, Inc., No. CV03-1415L, 2004 WL 3092244 (WD Wash Dec. 21, 2004), the court held that Amazon met the requirements for invoking the service-provider safe-harbor defense to infringement claims under the Digital Millennium Copyright ... Tue, 01 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3382 The global reach of the Internet raises the possibility that online activities can subject businesses to the jurisdiction of courts in far-flung places. The rules for Internet-based jurisdiction are still being spelled out by U.S. courts. The general ... Tue, 01 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3383 On January 7, 2004, the European Commission (EC) issued new standard contract clauses that businesses can use to demonstrate compliance with the European Union (EU) Privacy Directive. The new clauses do not supersede earlier standard contract clauses ... Tue, 01 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3384 In case you haven't heard, the European Union (EU) has extended its value-added tax (VAT) to cover e-commerce; that is, electronically supplied services to consumers located anywhere in the European Union. Is this a big development? You bet. First, ... Tue, 01 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3375 Can your company be held liable if an employee redistributes an electronic subscription within or outside of the company, in violation of your subscription agreement? You bet. A federal court in Maryland recently so held in a case in which an employee ... Tue, 01 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3376 In December 2004, Congress extended the Internet Tax Freedom Act, which prevents new state taxes on Internet-based transactions and services, but does not impact existing state laws, including existing state sales tax laws. The act is now extended for ... Tue, 01 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3377 In December 2004, President Bush signed into law the Fraudulent Online Identity Sanctions Act as part of the Intellectual Property Protection in Courts Administration Act. This legislation provides stiff penalties for providing false domain name registration ... Tue, 01 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3386 In a closely watched case concerning the Digital Millennium Copyright Act (DMCA), the U.S. Court of Appeals for the Federal Circuit recently affirmed a district court's summary judgment ruling in favor of a manufacturer of a universal garage door opener ... Tue, 01 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3387 Google has announced a partnership with major research libraries to scan 20 million books for inclusion Google's search database. For works that are in the public domain, the full text will be available. For works still possibly under copyright, only ... Tue, 01 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3388 Congress has recently stepped up efforts to regulate peer-to-peer (P2P) software that enables users to easily share music or video files with each other. P2P networks gained notoriety when Napster established a popular website that facilitated the exchange ... Tue, 01 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3373 California adopted a new law, effective July 1, 2003, that requires businesses to notify consumers whenever hackers gain access to a database containing credit card numbers, Social Security numbers, or other personal information of California consumers. ... Tue, 01 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3390 The debate over metatags and the trademark doctrine of "initial-interest confusion" continues. Initial-interest confusion occurs when use of another company's trademark, or something confusingly similar to the trademark, leads a prospective purchaser ... Tue, 01 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3374 On July 1, 2004, the California Online Privacy Protection Act took effect. It requires that website operators who collect "personally identifiable information" from California residents comply with certain requirements, including posting a privacy policy ... Fri, 01 Oct 2004 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3400 The Internet insinuates its tentacles all over the world, making it difficult to apply traditional principles of personal jurisdiction, which usually require some pretty significant contact with the forum state. In Yahoo! Inc. v. La Ligue Contre le Racisme ... Fri, 01 Oct 2004 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3402 The Ninth Circuit has held that Network Solutions may be held liable under California law for the tort of conversion when it transferred a domain name based upon a forged letter sent by a con artist. The case is Kremen v. Cohen (9th Cir July 25, 2003). ... Thu, 01 Jan 2004 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3404 On June 15, 2001, in what was denominated a case of first "first impression," the U.S. Court of Appeals for the Third Circuit held that "typosquatting" constitutes a violation of the federal Anti-Cybersquatting Consumer Protection Act. "Typosquatting" ... Thu, 01 Jan 2004 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3396 In case you haven't heard, the European Union has extended its VAT tax to cover e-commerce; that is, electronically supplied services to customers located anywhere in the European Union. Is this a big development? You bet. First, VAT taxes are steep, ... Thu, 01 Jan 2004 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3407 "Shrinkwrap" software license agreements have been controversial, and their enforceability has been in doubt. Courts have split on this issue, several well-publicized decisions having held them to be invalid. The problem is that the customer usually ... Thu, 01 Jan 2004 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3372 You know about "shrink-wrap" license agreements, and probably even "click-on" license agreements. But what about "browse-wrap" license agreements? A "browse-wrap" agreement is one in which the Web site user or customer is not asked affirmatively to ... Thu, 01 Jan 2004 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3391 Legal constraints on use of metatags are in a state of confusion. It all started with the Ninth Circuit's infamous opinion in Brookfield Communications, Inc. v. West Coast Entertainment Corp., 174 F3d 1036 (9th Cir 1999), in which the court adopted the ... Thu, 01 Jan 2004 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3389 The legal status of Web linking has been explored in a number of legal opinions and continues to be controversial. The Ninth Circuit added to the debate in July 2003 when it withdrew and reissued its opinion in Kelly v. Arriba Soft Corp., which had held ... Thu, 01 Jan 2004 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3378 Courts continually struggle to apply traditional rules of law to the Internet. A good recent example is the July 2002 decision in Firth v. State of New York, a case of first impression decided by New York's highest court. The issue was whether, for ... Thu, 01 Jan 2004 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3368 A divided California Supreme Court has held that a former Intel employee who sent e-mail messages criticizing Intel to all Intel employees was not liable under the common-law tort of trespass to chattels, absent evidence of significant injury to Intel's ... Thu, 01 Jan 2004 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=923 "Can Spam" is the new federal law on commercial advertising and promotional emails. It took effect on January 1, 2004. The full text of the law is available at http://www.spamlaws.com/federal/108s877enrolled.pdf. The new law effectively legalizes the ... Thu, 01 Jan 2004 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3371 The Digital Millennium Copyright Act has proved to be a nifty mechanism for getting Internet Service Providers to remove infringing materials from Web sites. You simply provide notice of infringement and the ISP must remove the material. A California ... Mon, 01 Dec 2003 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3394 On December 16, 2003, President Bush signed into law the new federal anti SPAM legislation, called the "CAN-SPAM Act." The new law: adopts opt out rather than opt in for future emails; prohibits false information regarding the subject matter or source ... Mon, 01 Dec 2003 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=826 The Digital Millennium Copyright Act ("DMCA") makes it illegal to circumvent technical measures (e.g., encryption, copy protection) that prevent access to copyrighted materials, such as computer software or media content. The DMCA also bans the distribution ... Fri, 01 Mar 2002 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1862 ... Fri, 02 Jun 2000 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=828 The global reach of the Internet raises the possibility that on-line activities can subject businesses to the jurisdiction of courts in far-flung places. The rules for Internet-based jurisdiction are just now being spelled out by U.S. courts. The general ... Mon, 01 May 2000 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=827 Two recent developments from overseas serve as reminders that U.S. companies that do business in other countries may face liability for violations of local laws. The first illustrates the fact that many of the freedoms that Americans take for granted ... Mon, 03 Jan 2000 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=829 The U.S. Court of Appeals for the Ninth Circuit has issued the first significant court opinion in the battle between the music recording industry and consumers of digital and downloadable MP3 music. Score Round One for the consumers. The case involved ... Fri, 01 Jan 1999 00:00:00 GMT