Archive for February, 2005
Tuesday, February 1st, 2005
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 ...
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Tuesday, February 1st, 2005
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, ...
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Tuesday, February 1st, 2005
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. ...
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Tuesday, February 1st, 2005
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. ...
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Tuesday, February 1st, 2005
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, ...
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Tuesday, February 1st, 2005
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 ...
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Tuesday, February 1st, 2005
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 ...
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Tuesday, February 1st, 2005
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 ...
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Tuesday, February 1st, 2005
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 ...
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Tuesday, February 1st, 2005
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 ...
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