Archive for April, 2005

Website Terms and Conditions Held Applicable to Content Copied by Robot or Spider

Friday, April 29th, 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 and conditions of use. Existing case law reflects inconsistent results, with the outcome ...

Digital Sampling Illegal; Sixth Circuit Adopts Bright-Line Test

Friday, April 29th, 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. ...

Online Privacy Laws Create New Risks

Thursday, April 7th, 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 ...

European Union Value-Added Tax on E-Commerce

Thursday, April 7th, 2005
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, ...

California Online Privacy Protection Act

Thursday, April 7th, 2005
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 ...

New Identity Theft Penalty Enhancement Act

Thursday, April 7th, 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 ...

European Commission Issues New Set of Standard Contract Clauses for Compliance with European Union Data Directive

Thursday, April 7th, 2005
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 ...

New California Direct Marketing Disclosure Statute will Impact Most Online Sellers

Thursday, April 7th, 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 ...

Criticism Cite Held Noncommercial and Protected Against Trademark Infringement Claim

Friday, April 1st, 2005
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 ...

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