eCommerce and the FTC

eCommerce and the FTC For businesses seeking to engage commercially in the realm of cyber space ‘eCommerce’, their eCommerce efforts will be under the eyes of the FTC – Federal Trade Commission. While it was established in the early 1900s, the FTC has been focused on protecting consumers and enforcing their rights. There has been…

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Electronic Stored Information Business and Email Records

Electronic Stored Information Business and Email Records are a fundamental element in today’s business environment along with email records.  Today the great majority of business runs on computing information that is stored and shared, transferred, and collaborated on within a network.  Technological network where electronic stored information (ESI) serves as business records and communications by email…

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Cloud Service Considerations – Business and Legal Issues

Software service – Data storage – Data Management – Internet Security Cloud service considerations – business and legal issues include many operational facets of a business’s management.   Each may have their own unique risks as well as benefits.  Cloud services are not new.  Remote access to business data has been part of business and…

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Business Risk and Trade Secret Misappropriation

Business Risk and Trade Secret Misappropriation Any enterprise large or small will experience business risk and trade secret misappropriation of some form or another. The offense of misappropriating trade secrets according to the Uniform Trade Secret Act (UTSA) is the ‘acquisition of a trade secret of another by a person who knows or has reason…

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Copyright Law and Fair Use Considerations

Copyright law and fair use considerations is seldom in the mindset of many who take video with background music and post them on the web.  Obviously, the many who do may not give time nor consideration how they are using the music which raises the issues of fair use considerations.   Owners of music oppose videos…

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Trade Secrets and Employee Misappropriation

Employers overwhelmingly experience theft of trade secrets and employee misappropriation of employer intellectual property.  Employees transferring company confidential communications, business information, and items normally considered trade secret to a thumb drive or personal drives and accounts, could face being sued for a sundry of claims, including misappropriating trade secrets (violating the Uniform Trade Secrets Act),…

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Copyright Protection of Photos of Architectural Structures

Photographers commonly take photos of buildings and landscapes and of views that encompass structures and then sell them under license and it times do not account for the copyright protection of photos of architectural structures.  Under the Copyright Act, a private place though open to the public for touring is still not considered a public…

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Balancing Privacy and Encryption

There is no perfect security when balancing privacy and encryption. However, companies storing and collecting data are obliged to focus on higher protection levels. End user controls are receiving greater attention as events increase in frequency. The unfortunate aspect is the prevalence of naiveté about security among users of smartphones, laptops, tablets, and cloud applications.…

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Social Media Information Used in Litigation

Social media use and its information is telling of someone and it is increasingly sought after in court cases where we see social media information used in litigation. Many times social media accounts are a well-spring of vital information that can tip a case on its head. The information can reveal truthfulness or the lack…

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Marketability of Hashtags

As hashtags are increasingly filed for registry as trademarks, courts are balancing the nominative use of hashtags and the descriptive use of the marketability of hashtags.  So far over 50 hashtags have been granted federally registered trademark status. The difficulty is that the descriptive use may be heightened by the courts amid the value of…

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Review Websites Being Questioned

Review websites being questioned for claiming to be a “passive conduit” of comments about service providers.  The matter of consumer trust in reviews provided by these sites run the risk of being manipulated by subscriber agreements. What stands in the fulcrum is the ability for these sites to bolster the transparency of their policies in…

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Defamation and the Element of Falsity

Considering defamation and the element of falsity, can a search engine be liable for defamation for taking too long to update its data base and remove content from its database? Well a suit from Maryland suggested the intent to test the waters. The plaintiff in Ferrell v. Yahoo (D. Md. 7.31.15) sought for the court…

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