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The Bermuda Triangle of Online Defamation: Copyright, Clickwrap and the CDA

We have written many times about attempts to use copyright law to do what defamation law can’t: take stuff down from the internet. Because Section 230 of the Communications Decency Act (“CDA”) prevents a defamation plaintiff...more

Five Minutes With … National Security and Cybercrime Professor Ahmed Ghappour

This marks the inaugural “Five Minutes With” feature that Trade Secrets Watch will run occasionally.  These will be question-and-answers with notable figures in the trade secrets world. TSW got a chance to sit down with UC...more

Left without a Partner: Amgen Sues Sandoz for Refusing to Dance in Accordance with BPCIA Patent Procedures

There has been a lot of curiosity within the biologics industry regarding how the “patent dance” procedures of the Biologics Price Competition and Innovation Act (“BPCIA”) would operate. This interest was piqued in July 2014...more

The CFAA Does Not Apply To Facebook Photo Theft

The Computer Fraud and Abuse Act (CFAA), codified at 18 U.S.C. § 1030 et seq, is a criminal statute that forbids, among other things, "intentionally access[ing] a protected computer, without authorization" when the access...more

The Trademark "Twist"

Judge Alsup out of the Northern District of California recently issued a decision relating to HP's App Catalogue's (its online store) sale of an app called "Chubby Checker," an app that estimates the size of a male's anatomy...more

Electronic Arts Fumbles in Lawsuit Brought by College Athletes (again)

College sports is big business. Student-athletes generate truckloads of cash for their schools, but are prohibited by NCAA rules from sharing in the haul. In fact, if the student-athlete learns that someone is commercially...more

How to Create an Opening Statement Using Graphic Immersion

My part in a recent presentation to the San Francisco Trial Lawyers Association concerned opening statements, and I wanted to share a highly graphically immersive style of opening that allows an attorney to persuasively...more

Website Owners: Who Is Liable For Third Party Postings On Your Website?

A recent Fairfax County defamation case involving a consumer’s scathing postings against a contractor on Yelp and Angie’s List raises the issue as to who can be held liable for postings made by third parties. Can the...more

Why You Should Join the Growing Number of Attorneys Using iPads

I found the comprehensive study released by the ABA on attorneys’ use of technology very interesting. Kevin O’Keefe summarized the study done by Jeff Richardson as follows: In 2012, 33% of all attorneys report using a tablet...more

When the Best Defense is a Proactive Offense: Protecting Your Reputation on the Internet

Here’s the scenario: You’re a well-known athlete. You’ve worked hard to become the best in your game. You wake up one morning, grab your coffee, sit down at your computer and start to read the morning’s news. Much to your...more

Increased Protections for Intellectual Property in the PRC Internet Industry

Internet Service Providers (“ISP”) that typically provide video-sharing platforms, online shopping websites, or online digital libraries such as Baidu, Youku, and Tudou in China face increased penalties for intellectual...more

A Multidisciplinary Approach To Trade Secret Protection in the Digital Age

Law and Business Between James Bond’s brand of espionage and the emotional reaction when someone trained and trusted leaves and goes to work in competition lie most fact situations that give rise to trade secret...more

Ohio District Court Allows Database “Scraping” Case To Proceed On A Variety Of Legal Theories

Recent years have seen the growth of online data sources, such as online databases, ecommerce catalogs, and social networking sites, and associated services and applications. This growth has been accompanied by a...more

Copyright And Libel In the Twitterverse – A Question for Copyright Legal Pros

In the wake of the Courtney Love libel case, I’m hoping I can entice a copyright lawyer or two to make comment on the issues of copyright and libel on the online platform. Please feel free to add substance/agree/disagree to...more

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