Archive for January, 2004
Thursday, January 1st, 2004
"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 ...
Posted in Uncategorized, Ecommerce | 1 Comment »
Thursday, January 1st, 2004
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). ...
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Thursday, January 1st, 2004
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" ...
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Thursday, January 1st, 2004
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, ...
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Thursday, January 1st, 2004
"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 ...
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Thursday, January 1st, 2004
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 ...
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Thursday, January 1st, 2004
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 ...
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Thursday, January 1st, 2004
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 ...
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Thursday, January 1st, 2004
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 ...
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Thursday, January 1st, 2004
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 ...
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