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Copyright Basis

Copyright basis draws the question of whether copyright law is based on government granting a monopoly, if you will, vis-à-vis against any other potential entrepreneur.  Many see it that way and tend to deny copyrights having a proprietary property right for the creator of the work.  Historically the value of crafting an idea composed was…

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Linking Defamatory Content Online

A case from Washington state dealt with online defamation from linking defamatory content online.  The court wrestled with the issues of proving defamation online.  The court articulated that the First Amendment freedom speech is to be protected and the courts hold to that as well when it comes to online speech and linking defamatory content.  In the era of…

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Copyright and Derivative Work

In the realm of intellectual property, copyright and derivative work gets attention when the issue of collaborative rights arises. Copyright and derivative work controversies happen when the joint contributing plans do not materialize as intended between, for example software developers, researchers, writers, or production designers. The scenario is similar to one dealt with by the…

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Standing in Data Breach Cases

After years of hesitation to find standing in data breach cases, federal courts are now viewing factors to base standing.  When the matter has been the disclosure of personally identifiable information (PII), the courts have not found standing in data breach cases because they required evidence of actual usage of that PII.  The actual suffering…

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Website Defamation Immunity

Website operators, either as defendants or plaintiffs have resorted to Section 230 of the Communications Decency Act (CDA) to determine website defamation immunity and defamation liability.  Under the Section 230, blogs or forums, for instance, benefit from website immunity from tort liability if the information was from a third-party.  That third-party could be a subscriber,…

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CISA

CISA The U.S. Senate passed the Cybersecurity Information Sharing Act (“CISA,” S. 754). In passing it had to consider a variety of issues before it regarding the amendments to CISA.  The proposed amendments of CISA have one goal in common, to enhance privacy and strengthen the privacy. One of the issues was to clarify the…

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Security of Internet of Things

The security of internet of things is unknowingly pervading our everyday life.  Items that can be remotely accessed for information, turned on to operate, adjust their operation settings, and process into a network are all fraught with vulnerabilities.  Security of internet of things is just becoming news worthy to some and ignored by great majority.…

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International Service of Lawsuits Via Email

International service of lawsuits via email is an option when the physical address of an international defendant is unknown.  According to the Hague Convention on the Service Abroad (Hague Convention), when the physical address is unknown the Hague Convention does not apply.  In practice, as long as the email address does not return an undeliverable…

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Copyright Filings and the Library of Congress

Copyright law – Intellectual property law There is a unique requirement with copyright filings and the Library of Congress. Seldom does one wonder how the Library of Congress is the world’s largest library with over 140 million materials that include maps, films, sounding recordings, software programs, photographs, and books. The Registry processes nearly half of…

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Trademark Free Riding

Many brands in a strong competitive industry have the challenge of trademark free riding posed by not necessarily their own competitors.  Company brands struggle against other entities that are not necessarily in their industry, benefiting by their use of a similar if not identical mark from the reputation they have tried to build. This “free-riding”…

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Software Development

Software development and implementation is critical to the growth of a company’s innovation program. The source code is software development is a valuable trade secret and is transferable easily through varied mediums.  This is a challenging concern for trade secret – software owners. Challenging issues for intellectual property owners and the pursuit of prosecuting trade…

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Cyber Security and Assessing Cyber Liability – An Internet Law Lawyer’s comment

Cyber security is an aspect of insurance that new and growing and with it there is the need to assess liability and the needs of the business.  Securing insurance coverage for cyber-attack events should address your cyber liability. Considerations should address monitoring, risk assessment to prevent gaps in coverage, lower deductibles with the use of…

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