Legal : Cyber Law Articles from GetACoder.com

Online Gambling

Fri, 01 Aug 2008 20:17:01 -0400

Internet Casinos Inc. (ICI), the world's first online casino, started operating from August 18, 1995, with 18 different games. Since then more than 1,400 websites, mostly domiciled in small Caribbean islands, have given rise to an industry that grosses over $3 billion a year. In fact no business on the Internet earns more revenue than online gambling. Out of the estimated 14.5 million online gamblers, almost 30 per cent are from Asia.

Internet Crimes

Thu, 10 Jul 2008 01:53:18 -0400

Internet crimes have become one of the most prominent crimes in the US. These crimes include a variety of different types of crimes anywhere from child pornography to illegal downloading. These crimes can be very different and their definitions can vary depending on how the internet is related to what the crime was.

The Art Of "Copy-Pasting"

Wed, 09 Jul 2008 01:08:52 -0400

"Copy-pasting" makes the job easier but with the expense of one's preservation of talent and skills. Not to mention the risks of breaking certain copyright laws and existing regulations.

Electronic Document Preservation For Lawsuits - E-Discovery Obligations

Thu, 03 Jul 2008 20:06:33 -0400

As soon as litigation is contemplated or threatened, it is essential for all parties and their counsel to go beyond paper file searching, and consider what electronic data and information exists that may need to be disclosed. Rules of Court generally require all parties to litigation to disclose to the other parties all relevant documents, whether the documents are helpful or hurtful to any particular party. Documents are defined in the Rules of Court to include electronic files and data. Accordingly, in addition to locating and preserving paper documents, each party to a lawsuit must take reasonable steps to locate and preserve electronic files containing data and information that can reasonably be expected to be relevant in the litigation.

Social Engineering Bots Trick Social Online Networking Folks to Giving Personal Information

Wed, 12 Mar 2008 23:56:25 -0400

There is now a new artificially intelligent identity theft group using software called "cyber lover" and this program is one, which flirts with people online. Unfortunately, it is now being used by Russian hackers in the hopes of using social engineering to trick people into giving out personal information or luring them to a website that will give their computer malware. The program is able to flirt online either through e-mail or in chat rooms and dating websites.

Can My Employer Read My Email?

Mon, 18 Feb 2008 15:59:02 -0500

An employee should never assume that they're emails that are sent and received, are kept in complete privacy from their employers. Under the Electronic Communications Privacy Act (ECPA) it provides for implied authorization to review employee emails, and that a company should state their policy of monitoring e-mails in the company handbook.

Privacy And Search Engines

Fri, 15 Feb 2008 21:33:52 -0500

Data, privacy and web search engines. The Spanish authority of data protection set up international positions.

Copyright Infringement - When Someone Steals Content From Your Website

Tue, 05 Feb 2008 06:57:38 -0500

You're cruising the 'net checking out your rankings, or seeing what your competition is putting up on their websites when it happens. You notice something familiar on someone else's web site. You look at it a bit more closely and lo and behold -- someone has stolen your content and put it on their web site.

Cyberbullying May Be the Death of Us All

Tue, 22 Jan 2008 15:24:20 -0500

We have all heard about the problems with cyber-bullying and somehow we are suppose to be surprised that this is happening? The fact is that cyber bullying is really no different than kids fighting in a sandbox in the second grade. Throw in a little anonymity and you will even find grown adults acting like children on the Internet, blogs and forums. The unfortunate truth is that bullying is human nature and there is probably not a lot we can do about it.

NLRB Ruling Permits Employers To Prohibit Employee Use Of Company Email For Union Organization

Fri, 28 Dec 2007 22:24:00 -0500

May employees use the company's email system to support union organizing? The NLRB has answered that question.

How to Conduct a Public Records Search

Fri, 14 Dec 2007 22:16:41 -0500

Public records search can be performed through many different ways. Just to name a few, it can be your school, library, courts, the local municipal office, government agencies and even at places of worship. However, there are governing rules pertaining to the access of public information as well as the way you use the information retrieved from public records search.

Internet Jurisdiction - Can You Sue From Home?

Wed, 05 Dec 2007 12:35:52 -0500

If you purchase an item on a small business website, but the product you receive does not conform to the specifications as indicated on the merchants website, what can you do? Can you file litigation in your home state, or must you sue them where the company is headquartered?

Cyber Crime - The New Threat To The Advanced World

Mon, 03 Dec 2007 04:07:27 -0500

Cyber world today is facing the most complicated problem of fighting a crime which is hard to detect and curb in the borderless world. Cyber crime though has its origin in the conventional crime, it is hard to detect because of the highly technical mode of committing it. It is ironical that the advancement in the computer network worldwide, which has brought all the nations together on a global stage, has given rise to such an alarming situation. The law enforcement agencies, unaware of the technological know-how find it hard to nab the criminals involved in the offences related to cyber space. The main categories of cyber crime include hacking, theft of information, data diddling, virus attacks, web jacking, Trojan attacks etc.

The COINS Project - Combat Online Illegal Numismatic Sales

Thu, 22 Nov 2007 13:53:09 -0500

The COINS project aims at providing a substantial contribution to the fight against illegal trade and theft of coins which appears to be a major part of the illegal antiques market. For this goal, state-of-art Information Technology will be used. The project will develop standardized inventories by defining a domain ontology based on CIDOC-CRM, the standard ontology for Cultural Heritage, and a multilingual thesaurus. Data management tools will be created as well, and a specialized web search tool.

Website Terms And Conditions - Do You Really Need Them?

Sat, 10 Nov 2007 10:48:47 -0500

If you operate a website, is t really necessary to have terms of use and a privacy policy? Is it really possible to bind your users to these terms?

E-Security Legal Issues

Sun, 21 Oct 2007 21:19:46 -0400

One way for a reseller to gain an edge on competitors is to market the advantages associated with its products in a unique way. In the security channel, a white paper marketing the legal and commercial advantages of a security product presented in a compelling way may prove to be a successful method of enticing a customer into purchasing your security solution.

Questionable Class Action Suit Commenced Against Avvo Attorney Rating Website

Wed, 12 Sep 2007 17:22:05 -0400

Can lawyers be given a numerical rating? A company named Avvo has launched a website service which claims to give lawyers such a rating to assist consumers in selected a lawyer. Even though the site was just recently launched already some lawyers are objecting to their rating. And one lawyer has now commenced a class action suit against the company. How can such a suit have merit when nearly every other product or service is rated in some way. Why should lawyers be different?

Legal Music Downloading

Fri, 07 Sep 2007 15:13:44 -0400

Downloading music is in most forms illegal, however there are ways to do it legally. Read on to find out the ways to download music legally.

The Implication of CALEA Compliance on Network Monitoring Services

Sun, 02 Sep 2007 06:19:21 -0400

CALEA compliance is very important when it comes to a network monitoring service. And, individual entities are required to review the regulations and then determine how the CALEA regulations apply to their business and network monitoring services.

Trademark Infringement Issues For Pay-Per-Click (PPC) Advertisers

Mon, 27 Aug 2007 19:09:20 -0400

Trademark infringements occur when companies bid on the brand names of their competitors. This results in the company's ads appearing under searches for the competitor's brand. What can you do to protect yourself from trademark infringement?

Policing the Internet

Sat, 25 Aug 2007 12:46:05 -0400

The Internet was created by the United States government for universities to exchange knowledge. In 1994 Bill Clinton let private companies open up the Internet to the general public. What happened next is the wild Wild West.

Legal Issues When Hiring Someone to Build Your Site

Sat, 18 Aug 2007 03:55:20 -0400

Given the costs associated with hiring employees, a vast majority of businesses now hire independent contractors to build and/or maintain their websites. This raises a host of legal issues.

What is Cybersquatting and What Can Be Done About It? ACPA or UDRP?

Sat, 18 Aug 2007 02:49:05 -0400

How to resolve domain name disputes, either by the Anticybersquatting Consumer Protection Act (ACPA) or by ICAAN's Uniform Domain Name Resolution Policy (UDRP).

CyberCrime is Calling

Thu, 16 Aug 2007 15:19:38 -0400

Since most court trials include some form of computer forensics, many computer consultants are drug into court to testify as an expert witness. Most of these computer geeks rarely see the outside world. My job is to prepare them for the court room process.

Why Site Owners Must Know California Internet Regulations

Thu, 16 Aug 2007 10:30:46 -0400

Most sites on the web are at least faintly familiar with the implementation of legal regulations related to their sites. Most, however, have never heard of the California Catch-22.

Keeping Out Of Trouble With Websites

Tue, 07 Aug 2007 08:35:13 -0400

It is easier to get in trouble with a website than you might think. What follows, then, are a few tips to help keep your website clear of problems. A word of caution - the law is changing in this area, and the specific facts of each case make a huge difference.

Avoiding Liability for Your Web Sites

Sat, 04 Aug 2007 12:20:45 -0400

Allowing visitors to post messages in one's Web site has become increasingly popular. However, recent cases have shown that doing so may subject the Web-site owner to liability for contributory copyright infringement or defamation.

Issues With Trademarking Your Domain Name

Thu, 02 Aug 2007 09:18:45 -0400

Protecting intellectual property rights should be a critical step for any business. With an online business, protecting a domain name is all the more critical.

Apple and Microsoft Have Teamed Up

Wed, 01 Aug 2007 06:10:26 -0400

They are currently violating what we here in the US call Freedom of Speech. Have you heard of Digital Rights Management or DRM for short? What you don't know is that we no longer have control of the music we pay for!

Whether Instant Messaging Can Lead to Defamation

Sat, 28 Jul 2007 14:21:50 -0400

Instant messaging or "IM" a technology permitting users to send and receive text messages to one or multiple parties without a time delay between sending and receipt of the message is a powerful tool. Using this technology is similar to having a conversation with another person, just like that person was in the room with you. The difference is that the two or more people may be several miles or even continents apart.

Computer Forensics Helping Katrina Homeowner Litigation

Wed, 25 Jul 2007 15:30:40 -0400

Homeowners suing State Farm Insurance for Hurricane Katrina claim coverage have accused the insurer of pressuring their engineers to submit false reports on hurricane damaged property so that policyholders' claims could be denied.

Best And Top New York Immigration Lawyer Of NY?

Mon, 23 Jul 2007 21:14:30 -0400

Although anyone can read the migration policies and can understand the issues NY citizenship and formalities within, but it is always better to handover the issues to Immigration lawyer and do their jobs for better results.

Where is Immigration Help and NY Immigration?

Sat, 21 Jul 2007 19:49:38 -0400

There are many ways to reduce the Immigration problems, the better ways has always been to educate your self with the immigration issues before you start processing.

Constitution Challenge to Online Gaming Ban

Thu, 19 Jul 2007 23:58:00 -0400

Online gaming has been incredibly popular, particularly the various forms of poker. That all changed in 2006 when the federal government effectively banned a majority of online gaming. The gaming industry is finally fighting back.

FBI Online Cyber Crime Victims Form

Wed, 18 Jul 2007 02:39:35 -0400

The FBI has an online Cyber Crime form for victims that is an easy-to-use reporting mechanism.

Get Sued By Competitors for Lying On Your Privacy Policy

Fri, 13 Jul 2007 16:52:07 -0400

Many sites put up privacy policies without giving them much thought. Once up, they are often forgotten about even if the policy is later changed. This can lead to disaster as one recent case showed.

Laws for Blogs

Wed, 11 Jul 2007 15:24:56 -0400

A Blog is short for Web Log and has become a new and exciting form of communication. It is like a diary or a journal personal or corporate that is posted on the Internet for public viewing and updated from time to time. It enables people to publish comments, ideas and opinions for others to read. Besides being a personal from of expression, corporate blogs offer a platform for marketing new ideas, communication channels between management and employees, discussion of industry and media trends, news coverage and even political expressions. We also have law blogs, school blogs and marketing blogs.

Claiming An Infringement On Your Domain Name

Tue, 10 Jul 2007 15:26:30 -0400

A domain name is your address on the web, which can make it vitally important. So, what do you do when someone tries to move onto your yard?

Computer Generated Cross Stitch Charts and Patterns on eBay and Copyrights

Mon, 09 Jul 2007 15:41:09 -0400

Copyrights of computer generated cross stitch charts on ebay

iPhone Download Services - Are They Legal?

Sat, 07 Jul 2007 04:26:34 -0400

The iPhone is flourishing and consumers are eager take advantage of its amazing capacity and capabilities. Enter iPhone Download services. These are large peer to peer file sharing sites. Whenever someone hears the phrase peer to peer, a question arises... are these legal? In this article we will explore the ins and outs of how peer to peer file sharing works and whether these sites are legal or whether they're not.

Utilizing Legal Aid Online Services

Sat, 07 Jul 2007 04:02:45 -0400

With the advent of the Internet, a whole new way of handling legal issues and getting legal advice has come into being. Today, it is possible to obtain legal aid online, in several different forms. Here are some examples.

Buying A Website � Problems with Intellectual Property

Tue, 03 Jul 2007 11:07:16 -0400

There are many ways to make money online including buying another website that may be a competitor or compliment to yours. When doing so, you need to watch out for IP problems.

The Advantage of an S Corp over an LLC

Tue, 26 Jun 2007 22:02:40 -0400

It goes without saying that the LLC is the media darling when it comes to choosing an entity for small businesses. In some cases, however, an LLC is at a disadvantage compared to an S Corporation.

What is an Expert Witness in Computer Forensics?

Tue, 12 Jun 2007 12:23:36 -0400

Expert witness service provides testimony, documentation and witness preparation to help present discovered electronic data in legal proceedings to help you prove and win your case.

Domain Name Dispute, What To Expect After You've Won

Tue, 12 Jun 2007 11:53:14 -0400

Here are some steps cybersquatting lawyers use to ensure that the stolen domain name is transferred back to you... You file a UDRP complaint under ICANN and a panel has ordered a transfer of the stolen domain name. From this point, you would think everything would automatically fall into place, but more often than not, you will still have some work to do.

The CAN SPAM Act of 2003

Wed, 06 Jun 2007 04:42:36 -0400

The CAN SPAM Act of 2003 is an acronym for Controlling the Assault of Non-Solicited Pornography and Marketing Act which became effective January 1, 2004. The said legislation sets the requirements for commercial emails and as well the penalties for the violators.

Changes to the Federal Rules of Civil Procedure - Computer Forensics and E-Discovery

Tue, 05 Jun 2007 17:18:45 -0400

A brief overview of the changes in the Federal Rules of Civil Procedure that went into effect on 12-1-06 with regards to Computer Forensics and Electronic Discovery (E-Discovery).

Is Your Spouse Lying?

Wed, 30 May 2007 14:41:19 -0400

If you are in a situation where you feel that your partner or spouse is lying and cheating on you, it is up to you to take action and Computer Forensics can help.

Backup Tapes Can Help Your Case

Wed, 30 May 2007 07:16:18 -0400

Court orders Defendant to restore one-fourth of their backup tapes, at the Defendant's Expense because of the gaps in production.

File-Sharing Redux - The Battle Continues and the Battlefield Expands

Sun, 27 May 2007 14:46:33 -0400

File-sharing battle has gone from music to video, with Viacom charging YouTube with copyright violation. Steps traditional media with lots of content can take to protect copyright holders.

Subprime Mortgage Loan Fraud - How E-Discovery Can Uncover The Truth

Mon, 21 May 2007 19:41:47 -0400

Subprime mortgage lenders who have committed fraud, or acted as a predatory lender, to home owners should know that much like Enron, they will have their day in court.

Protecting Your Website Legally From the Music Industry

Sun, 20 May 2007 10:49:00 -0400

Explains to website owners the potential risk of putting music on a website without the proper licensing.

Should Lawyers use Metadata?

Thu, 17 May 2007 19:43:35 -0400

The question clearly beckons, should lawyers review metadata in documents? Is reviewing this data ethical, when the author of such data likely had no idea they were creating it? Metadata by its definition is simply, data about data. It can contain all sort of identifying information. One of the easiest ways for metadata to be left in a document is for the comments section to leave the comments feature turned on. Similarly, if you leave track changes turned on, the receiving attorney can not only read confidential comments that were meant to be intra-office or privileged communications between he attorney and client, but also the attorney can see what content was deleted from the document.

Even Courts Rely on Mapquest

Wed, 16 May 2007 15:31:12 -0400

Unchallenged Mapquest results are routinely considered and relied upon by American courts.

Introduction To Computer Forensics

Mon, 14 May 2007 20:36:29 -0400

A brief introduction to Computer Forensics and how why your company may require the services of a Computer Forensics Investigator.

The CRTC & the Internet - Forbidden Domain

Sat, 12 May 2007 23:22:49 -0400

So, the question is: should the CRTC regulate the internet? Perhaps the question should be directed thusly: can the CRTC regulate the internet? To the former question, the answer is "probably not." To the latter, the response is "absolutely not."

What is Digital Rights Management (DRM)?

Wed, 09 May 2007 04:29:50 -0400

DRM stands for Digital Rights Management, or as some people call it, Digital Restrictions Management. Put simply, DRM consists of various restrictions applied in music or video files, so their use (such as playback) can be controlled by a third party, usually the company holding the copyright for a song or movie.

The EU Takes Action to Protect Its E-communications Network From Disaster Damage

Wed, 02 May 2007 01:07:52 -0400

The European Union is taking contingency measures to prevent disruptions of Internet service, such as the failures taking place in Asia after a major earthquake hit the coast of Taiwan in December 2006. To prevent a similar situation, the European Union has sought expert feedback on how to ensure European electronic networks are protected and resilient against terrorist attacks and natural disasters.

Viacom Sues Google

Mon, 30 Apr 2007 07:56:24 -0400

Viacom, a media company, has recently sued Google for $1 billion, for the copyright infringement on the website YouTube. More lawsuits are predicted to come from the company Viacom, who claims the website YouTube has infringed on its copyrights. It is a battle of two giants and the outcome is less than certain.

What Every Employee Should Know About Non-Compete-Non-Solicitation Contracts

Sat, 28 Apr 2007 14:52:12 -0400

A non-compete contract is an agreement signed by an employee where he or she agrees that they will not engage in certain employment within a certain geographic area for a certain period of time after they quit or are fired. Likewise, a non-solicitation contract binds the employee not to contact the employer's customers or remaining employees under the same conditions.

Domain Name WIPO & NAF Panel Selection

Sun, 22 Apr 2007 23:12:55 -0400

The most common misunderstanding with those unfamiliar with the UDRP is how selecting a three person panel, as opposed to a single panelist, may affect the outcome of the decision.

Domain Name Theft

Sun, 22 Apr 2007 07:22:23 -0400

Hackers exploit a flaw in the software some domain name servers use ... Other people might hijack your search engine rankings and they might steal your web site visitors. The worst thing is that you might not even notice it. Imagine your domain URL is listed in search engine results on Google, MSN and Yahoo. In the search engine results, most people that click on your domain URL are sent to your website. However, some people that click your domain URL are sent to a totally unrelated website that has nothing to do with your site and although your website domain name URL is displayed in the browser, people see a completely different site that has literally nothing to do with you or your company.

Anti-Cyber Squatting Consumer Protection Act Update

Sun, 22 Apr 2007 06:55:17 -0400

The ACPA is a federal law that took effect in November 1999, in order to preclude bad faith registration of domain names. This new domain name dispute law is intended to give trademark and service mark owners legal remedies against defendants who obtain domain names "in bad faith" that are identical or confusingly similar to a trademark or service mark. In order to win a case of cyber squatting, plaintiff must prove that defendant has a bad faith intent to profit from the mark that is identical or confusingly similar or dilutes plaintiff's mark.

Nation's First National Computer Forensics Institute will be Located in Alabama

Sun, 15 Apr 2007 09:58:13 -0400

Governor Bob Riley officially announced that the nation's first National Computer Forensics Institute will be located in Hoover, Alabama.

How To Avoid Legal Trouble From Trademark Infringement When You Buy A Domain Name

Fri, 13 Apr 2007 02:23:20 -0400

So you have a hot idea for a website, or maybe you want to capitalize on a hot new product that has just been released. There are some things that you will want to know first before you get yourself in a lot of hot water.

Text Messages, Voice Mails And Flash Drives - Welcome To The New E-Discovery

Sun, 08 Apr 2007 18:24:55 -0400

Most companies will now be required to retain and produce a wider range of electronic data because of the new Federal Rules of Civil Procedure which were approved on December 1, 2006.

Internet Content Theft Hurts Honest Online Article Authors

Sat, 07 Apr 2007 20:51:17 -0400

How bad is content theft on the Internet these days? Well it is pretty bad and although it has not reached epic proportions yet it seems to have a very unfortunate hyperbolic trend line there. As an online article author I often notice people stealing my work and then I see it on the Internet somewhere without any mention or credit for it.

Theft of Your Digital Photos and Videos

Thu, 05 Apr 2007 19:08:08 -0400

Whether its Youtube for videos or Flicker for photographs, the ever increasing demand for entertainment leads to the creation of more and more websites dedicates to displaying amateur "art" in the hopes of widespread popularity. As evidenced by the recent sale of YouTube to Google for $1.65 Billion, once a website gains widespread popularity, riches are not far away. This trend has increased the demand for new and entertaining content.

Your Online Video May Cost You Thousands

Thu, 29 Mar 2007 18:28:14 -0400

Explains the significance of the Viacom lawsuit and what sort of impact amateur videographers might expect.

Cell Phone Records

Wed, 28 Mar 2007 23:12:45 -0400

Cell Phone Records are no longer available online but there are still ways to Catch Em Cheating.

Introduction to E-Discovery

Wed, 28 Mar 2007 13:14:04 -0400

A brief introduction to Electronic Evidence Discovery, also known as E-Discovery or Electronic Discovery.

Protecting your Website's Content: Just Don't Bother

Wed, 21 Mar 2007 02:50:55 -0400

The internet is the best place if you want to steal content. It makes it really easy to copy any information you see on webpages, whether it is text, images, media or .pdf files etc. A lot of web designers or webmasters are spending hours using various techniques to protect their webpage content. Well, the fact is that there's no method that can effectively protect your website content from copying.

Fair Use - When You Should Attribute Your Sources And When You Should Seek Copyright Protection

Sun, 18 Mar 2007 08:22:29 -0400

There is some confusion as to what constitutes plagiarism and fair use online. Particularly where blogs are concerned, it has become customary to borrow a few sentences of someone else's work if you add content and change it for the better and as long as you link back to the original source. While borrowing someone else's work may not always be copyright infringement, it may not be necessary or beneficial. Here are some guidelines with regard to using someone else's material and on seeking remedy for infringement of your own copyrighted material.

Defamation and Slander on the Internet

Sat, 17 Mar 2007 02:21:11 -0400

As social networking sites and internet blogs continue to increase in both popularity and use, the opportunities for defamatory and libelous actions increase proportionally. Defamation, sometimes called "defamation of character", is spoken or written words that falsely and negatively reflect on a living person's reputation. Slander is generally spoken defamation, while 'libel' is written.

Microsoft Busted on Paid Wikipedia Modification

Fri, 16 Mar 2007 16:26:43 -0400

Wikipedia has become one of those odd internet sites that have evolved into a phenomenon. Alas, some companies don't like what is written about them.

What Does Computer Law Cover And Why Is It Necessary?

Wed, 14 Mar 2007 20:26:31 -0400

Traditional law does not cover many of the issues that occur in the online realm. Therefore it is crucial that we have a particular branch of law that exists to deal with legal problems that may arise by the very nature of the Internet and are not able to be covered by local jurisdictions.

Online Targeting and Harassment

Sat, 10 Mar 2007 03:03:09 -0500

Most internet harassment goes on in chat rooms and newsgroups, also via email. Internet law has tightened up since the early free wheeling days when there were very few controls in place. For example it's become a federal crime in the US to anonymously "annoy, abuse, threaten, or harass any person" via internet or other telecommunication systems. So it's on the books, if people choose to go after the bullies.

Online Home Based Business Legal Matters

Thu, 08 Mar 2007 12:59:40 -0500

The more you are aware of the various legalities to having an online home based business, the less chance you have of losing your business.

How Private Are Your Documents?

Sun, 04 Mar 2007 01:57:06 -0500

The modern day law office relies substantially on the computer system and the network upon which it operates. Document creation, modification and retention is inextricably tied to the office computer system, and often left vulnerable to theft or piracy via that firm's open internet connection. As the power and potential of the internet expands, the threats to personal and document privacy increase proportionally.

10 Qualities a Criminal Defense Lawyer Should Posses

Tue, 27 Feb 2007 20:47:07 -0500

In the legal world one aspect is more serious than others, criminal cases. In these cases the burden on the shoulder of the criminal lawyer is immense as he is the one who will ensure that the accused will get just treatment as per the law.

Cybersquatting Remedies Under The Uniform Domain Name Dispute Policy

Mon, 19 Feb 2007 22:20:56 -0500

Under the UDRP, a complainant must show that the domain name in dispute is identical or confusingly similar to its trademark, that the respondent does not have a right or legitimate interest in the domain name, and that the respondent registered and used the domain name in bad faith.

How To Use Metadata As An Examination Tool

Sun, 18 Feb 2007 13:12:53 -0500

In today's computer dependent world, the zealous advocate must be able to navigate his way through every conceivable form of discovery in order to effectively represent his or her client. Failure to seek the appropriate records or the failure to respond to discovery requests with the appropriate electronic discovery knowledge could potentially expose both client and attorney to the risk of sanctions for discovery abuses and/or result in the spoliation of evidence.

E-book Theft - Protecting What is Rightfully Yours

Thu, 15 Feb 2007 12:19:07 -0500

Criminals are eagerly awaiting the completion of your e-book. They will will make a few changes, then sell it as their own. Or, worse yet, give it away for free.

Is It Legal to Copycat Restaurant Recipes?

Tue, 13 Feb 2007 08:32:54 -0500

There's a proliferation of books, both printed and electronic (downloadable from the Web), that purport to tell you how to copy your favorite dishes from your favorite restaurants. Some of these are better than others, but they all raise the question: Is it legal to "copycat" recipes in this way?

Norway to Ban Itunes Downloads Online?

Mon, 12 Feb 2007 05:54:42 -0500

When it comes to downloading music on the web in a legal fashion, Itunes is the undisputed leader. Well, maybe not in Norway...

A New Music Copyright Lawsuit Against YouTube

Mon, 12 Feb 2007 00:36:14 -0500

In the middle of November, Universal Music filed an extensive copyright lawsuit against YouTube, not long after Google moved to purchase it. So, what does this portend?

Sploggers, Spammers and Hackers Ruin the Internet

Thu, 01 Feb 2007 20:42:56 -0500

It is amazing that here we sit on the Greatest Communication System ever created in the history of the human species and yet some folks do not realize how wonderful a gift it is and thus ruin it for everyone. We really need to get rid of those who move to destroy the system; The Spammers, Sploggers, hackers, etc.

Pornosquatting - Domain Name Theft Nightmare

Sun, 28 Jan 2007 20:23:46 -0500

One of the more common issues relates to pornosquatting. In its simplest form, pornosquatting occurs when your trademark is used as part of a domain name for a website containing pornographic material. Regardless, pornography alone may not be enough to show bad faith.

Uniform Domain Name Dispute (UDRP) Arbitrators

Fri, 26 Jan 2007 20:10:08 -0500

The two most popular domain name dispute resolution providers are WIPO (World Intellectual Property Organization) and NAF (National Arbitration Forum)

Internet Law in 2007

Mon, 22 Jan 2007 11:40:50 -0500

As we start off the 2007 year, many in the web community probably have questions about what developments we can expect in web law in 2007. Well, the issues already appear to be coming together.

The Impact of the Global Online Freedom Act If It Passes

Wed, 17 Jan 2007 14:10:23 -0500

Congress is notorious for avoiding contentious issues when it comes to legislation. One bill working its way through committee could slap major internet companies around in a big way.

A Short Synopsis Of Cybercrime

Mon, 15 Jan 2007 17:15:58 -0500

See how cybercrime comes from past to current time.

Who's Data Is It Anyway?

Fri, 12 Jan 2007 01:21:02 -0500

Recent events and scandals have highlighted what can happen when an employee uses an employer's equipment or connection to the Internet for non-work related communications - whether such communications are through their employer's e-mail or not.

YouTube Could Be Liable for Copyright Infringement as a Result of Google�s Acquisition

Fri, 05 Jan 2007 22:01:59 -0500

Can YouTube take refuse under the "safe harbor" provisions of the DMCA? That is the question of the day it seems for the video sharing web site. YouTube has been accused of intentionally developing and making available a technology with the intent to allow their users commit copyright infringement. This issue is directly on point with a case brought before the United States Supreme Court, Metro-Goldwyn-Mayer studios inc. et al. v. Grokster, LTD., et al.

The FTC and Zango Settlement Regarding Adware

Thu, 04 Jan 2007 22:57:46 -0500

As you may have heard, the FTC recently reached a significant settlement with an adware firm by the name of Zango. So, what are the lessons learned from the settlement?

Malaysian Internet Marketer; The Constraints On Internet Transaction

Thu, 04 Jan 2007 12:43:28 -0500

The Constraint of Malaysia Internet Subscribers resolved by locals, the role of competent authority on promoting Information and Communication Technology.

2007 Issues In Communication - Internet Fraud And Freedom In The Balance

Tue, 26 Dec 2006 06:27:14 -0500

"Internet User Beware" should be a warning label that comes on each new computer sold. There are many problems, challenges and horror stories on the Internet with Fraud, Identity Theft and even Child Predators. Indeed the issues of phishing, spyware, malware, adware, identity theft and outright fraud have actually surpassed the annual amount of dollars of even the illegal drug trade in the US. These problems are not going away, they are growing.

Effectively Making Online Gaming Illegal

Mon, 25 Dec 2006 21:40:31 -0500

In a rather interesting move, online gaming effectively became illegal recently do to a new piece of legislation. This move by the federal government raises a host of issues.

Does the Internet Need Regulating?

Thu, 21 Dec 2006 17:39:43 -0500

In the last few years, governments from all over the world are seeing it as a liability and are discussing how to take action to insure that it is not exploited by "cybercriminals." This article evaluates the abstract idea of governmental control over the Internet, by providing potent arguments for both sides of the debate, in an attempt to decide whether this is the right path for prohibiting cyberspace abuse.

Why Are You Reading This?

Thu, 14 Dec 2006 06:48:59 -0500

Have you noticed that we are stupid citizens in this country? I mean that., we are stupid. Look what we have on TV or in the movies. Even include the Radio waves and the Internet.

Reporting a Cyber Crime: What You Need to Know

Tue, 12 Dec 2006 16:30:01 -0500

According to the Federal Bureau of Investigation, most law enforcement experts agree that the vast majority of cyber crimes are not reported, which allows the perpetrators to continue to carry out their crimes and victimize others. The FBI, in partnership with the National White Collar Crime Center, has helped establish an online source of help, the Internet Crime Complaint Center, where internet users can file complaints for any type of online crime.

Are We Able to Completely Stop Software Piracy

Mon, 11 Dec 2006 02:13:59 -0500

Software piracy is the illegal reproduction and distribution of software applications, whether for business or personal use.

While you may know that copying and/or distributing copyrighted software illegally is considered piracy, you may not be aware that even possession of software that has been illegally copied is piracy. There are actually many distinct types of software piracy, and familiarity with them can protect you from any connection, even if unintentional, to intellectual property theft.

The Battle between Microsoft and Google

Fri, 01 Dec 2006 19:33:29 -0500

With the advent of the Internet revolution, the latest and greatest corporate war is clearly between Google and Microsoft. While that is no surprise to anyone, there are some interesting aspects of this battle.

DIY Domain Name Disputes: Expert Tips

Thu, 16 Nov 2006 22:02:57 -0500

This is a distillation of the wisdom acquired through years of involvement in domain name dispute proceedings. It won't make a hopeless case winnable, but it might stop you from making a strong case un-winnable.

Introduction to UDRP Disputes

Wed, 15 Nov 2006 17:53:54 -0500

This article highlights the main procedural and substantive issues arising in proceedings under the Uniform Domain Name Dispute Resolution Policy (the UDRP).

Determining Ownership of Copyright and Software

Tue, 07 Nov 2006 10:16:18 -0500

A fundamental question that arises in many disputes is the most obvious - who owns the copyright in the software? Legal ownership and legal advice in most cases may be determined by reference to fundamental copyright principles.

Cyber Law and Online Gambling Ready to Come Under Heavy Fire

Thu, 02 Nov 2006 02:23:18 -0500

It appears that many lawmakers have had enough of online gambling and want it to stop. The issues has been going on for nearly a decade and many states are quite perturbed that online gambling bypasses their state's laws forbidding gambling. Senate Majority Leader Bill Frist is very upset and said on CSPAN that; Internet Gambling is illegal, it is that simple and that is the bottom line.

Net Neutrality and the Carrier Hotel

Wed, 25 Oct 2006 19:14:57 -0400

Legislation such as HR 5252, without specific network neutrality protection, will drive the second tier of network providers to develop parallel infrastructure using wireless and physical cable, in addition to stronger peering relationships allowing bypass of large network infrastructure. Carrier hotels support stronger peering relationships among smaller networks and content providers by allowing a neutral interconnection environment, bypassing large wholesale network infrastructure or transit.

Using Stock Photos: Royalty-Free vs. Rights Managed

Tue, 24 Oct 2006 07:36:44 -0400

If you have searched for photos to use on your website, you have likely encountered the terms royalty-free and rights managed. So what is the difference between these types of photos?

How to Assign Copyrights for an eBook to a Non-Profit; Sample Letter

Sun, 15 Oct 2006 02:17:54 -0400

If you are an author and have written an e-book, which can help people often nonprofit groups will discover it and ask if they can put the e-book on their web site for all their members of their organization. Some authors don't want to do this because they want to make money selling the e-book online and make 50% royalties.

Cyber Law and Slander Online Considered

Mon, 02 Oct 2006 09:33:20 -0400

We are starting to see more and more Internet Laws being added to the books in many different agencies in the United States. There are cyber laws at the FBI, FCC, SEC, FTC and many other places cropping up. What is unfortunate indeed is that most of these laws are made to protect US Citizens and yet only enforced onto US Citizens.

Introduction to .uk Domain Disputes

Sun, 01 Oct 2006 08:53:15 -0400

The distinctive dispute resolution system created by Nominet for the .uk domain extension diverges from the UDRP in a number of important respects. This article outlines the key features of .uk dispute resolution.

Introduction to .eu Domain Disputes

Sun, 01 Oct 2006 04:23:44 -0400

The .eu domain name dispute resolution system, overseen by EURid and run by the Czech Arbitration Court, has been up-and-running for some time now. This article looks at some of the main issues with the system.

Xanga Violates the Children's Online Privacy Protection Act

Sun, 24 Sep 2006 13:00:52 -0400

Social networking website Xanga was fined $1 million for violating the Children's Online Privacy Act. Xanga was allowing members, under the age of 13, to register online for a portfolio without their parent's consent, the FTC - Federal Trade Commission announced Thursday.

Stop Stealing My Copyrights!

Sat, 23 Sep 2006 22:23:47 -0400

Aristotle once wrote, "Dignity does not consist in possessing honors, but in deserving them." If a client who visits your website, notices you have copyright protected music to accompany your gallery presentations, what does that do to your credibility when you speak of copyright infringement? There's a better way. In our studio, and on our website, we use royalty free music, for which we have purchased a proper license.

Who Had The Patent For MP3 Players First? iPod or Creative

Sun, 17 Sep 2006 04:18:47 -0400

Like probably many people I was under the impression that Apple Computer Inc. was responsible for the software and technology behind the mp3 player.

Hijacked! What To Do When Your Website is Stolen

Fri, 15 Sep 2006 01:17:40 -0400

How to find out if your website's content or graphics have been stolen and what to do if it has.

The internet, being the free and open place that it is, makes it easy for would-be thieves and not-so-savory companies to lift anything and everything from another website. It is important to take a stand when infringing material is found. Consequences of another individual or company using your written material, graphics, or even logo can damage your reputation, get you blacklisted by search engines, and more.

How to Avoid Copyright Infringment in Your Domain Name

Thu, 14 Sep 2006 14:51:49 -0400

One of the most important aspects of choosing a domain name is that it should be non-infringing. This is not an easy task since most unique names have already been registered. This article shows you how to avoid the legal mine field when registering new domain names.

PS3 Games Patent

Wed, 09 Aug 2006 17:38:55 -0400

Xbox 360 market reviews and game patent.

Polyphonic Ringtones: Calls, Court Cases, and Copyrights

Wed, 02 Aug 2006 12:14:11 -0400

Ringtones are big business. The Yankee Group announced that over the last five years, these musical tones have sent people literally singing to the bank, with a total revenue of $2 billion since 2001, and $50 million in one year alone.

The Google Patent and SEO

Wed, 19 Jul 2006 15:57:52 -0400

Google's Patent Application contains a lot to read and reading it may take some time, but if you own any type of website, this is all information you need to know.

Legal Issues About Trademarks And Domain Names

Sat, 08 Jul 2006 03:14:35 -0400

Trade marks are a name or symbol that are used to distinguish the goods of services of a particular company from others. Similar to copyrights and other signs of intellectual property, the effects o...

A View on Google's Patent: Information Retrieval Based on Historical Data

Fri, 07 Jul 2006 17:13:07 -0400

Google doesn't stop innovating their search engine, and there where others try to follow, Google is not just 1 step ahead, but 10 steps ahead. Their latest innovation, which actually may already be i...

Data Backup and Storage Compliance, How Do Smaller Companies Achieve This?

Thu, 01 Jun 2006 06:29:01 -0400

An articled detailing how smaller companies deal with data backup and storage compliance.

Uniform Domain Name Dispute (UDRP) Arbitrators

Sat, 29 Apr 2006 11:36:32 -0400

Prepaying your mortgage can be the right decision under the right conditions. Read on to see why you should or should not prepay your mortgage loan.

What The Heck Is SEO Copyrighting And How Can It Help Me As A Small Business?

Mon, 24 Apr 2006 17:19:19 -0400

SEO copyrighting is incredibly time consuming and if you do not have the ability or the time to do it yourself then you would have to hire a professional which can get expensive, since each page can only target one or two search terms.

Understanding the Law - E-SIGN Compliant Electronic Signatures

Thu, 13 Apr 2006 14:13:02 -0400

On June 30, 2000, Congress enacted the Electronic Signatures in Global and National Commerce Act ("ESIGN" or "the Act"), to facilitate the use of electronic records and signatures in interstate and foreign commerce by ensuring the validity and legal effect of contracts entered into electronically. Yet many do not understand how their business can be compliant with the E-SIGN Act.

Image Linking and Copyright Violation

Tue, 28 Mar 2006 11:50:55 -0500

Do not link to images on another site using the img tag without explicit permission from the site owner!

Microsoft Loses Patent Lawsuit

Sun, 26 Mar 2006 19:40:07 -0500

One of the top news stories this week involves the judgment against Microsoft by a small company with a big software patent. Despite heated input by the Internet community to invalidate Eolas' patent because of its broad nature, Microsoft lost every appeal and effort to get the patent nullified. Unfortunately, that decision means a bit of trouble for a few million web designers who use Flash, streaming movies, and more.

Google's US Patent: What Does It Have in Stock for You?

Sun, 19 Mar 2006 21:41:58 -0500

Google has become awfully aware that some of their results have begun to be well manipulated by people with deep pockets, simply going out and buying thousands and thousands of links.

Why Comply? The Movement to W3C Compliance

Sun, 05 Mar 2006 10:29:26 -0500

The Internet: a powerful tool with endless possibilities to advance business, connect people and share information. We believe that with those opportunities comes a real responsibility to understand its complexity and provide universal solutions to its issues. For Web developers, in particular, the onus falls on creating sites aimed at maximizing client contact through well-rounded, functional vehicles that drive traffic and generate sales. And in today's global economy, it also means using code that is W3C compliant.

Yahoo to Prohibit Competitive Keyword Bids Containing Trademarks

Tue, 14 Feb 2006 23:21:45 -0500

In a recent announcement e-mailed to advertisers using Yahoo Search Marketing, the search engine giant states no more competitive bids on keywords containing trademarks will be allowed as of March 1 2006.

VegaStream's VoIP Regulation and Compliance

Sun, 12 Feb 2006 04:44:26 -0500

Industry regulators have a first duty to protect the consumer. In the telecommunications industry of late, that duty has been interpreted as a remit to liberalize the marketplace from monopoly and so enable competition, better services and lower prices.

Beware of Cyber Thieves: Protecting Your Intellectual Property

Wed, 28 Dec 2005 04:23:13 -0500

I had a harrowing experience last night. I was perusing the web for an article I'd written recently on search engine optimization to see how many pick-ups it had gotten. As I happily examined the pickups, I came upon one forum entry that used the exact title of my article, and verbatim text of a portion of it. And it was posted by a forum administrator who presented it as his or her own work.

Using Copyrighted Material in Blogs and Forums

Sun, 25 Dec 2005 08:28:59 -0500

Do you repost blog or discussion forum posts from other people, or even entire articles, in your blog or to mailing lists and discussion forums? It's a common practice, but be mindful - sometimes it's OK, and sometimes it's a copyright violation. But besides the legalities, keep in mind that proper respect for intellectual property is just good networking.

Copyrighting Themselves Out of Business

Wed, 14 Dec 2005 01:35:29 -0500

If there is any industry who is less out of touch with its customers than the music industry then I defy it be suggested.

E-Commerce Patent Blackmail --- You May Be Next!

Tue, 29 Nov 2005 02:54:49 -0500

Over the last eight years, the promise of the Internet has been to level the playing field between small businesses and major corporations.

USPTO Grants Another Stupid Software Patent - Hand In Your Blackberry At the Door

Mon, 14 Nov 2005 11:26:30 -0500

Technologists have been warning against the wanton granting of software patents without fully researching "prior art." In the case of the makers of the BlackBerry vs. a company called NTP, bogus software patents may do more than inconvenience the world's BlackBerry users.

Is Your Domain Name A Trademark Infringement?

Fri, 11 Nov 2005 06:57:50 -0500

I recently received an email from a concerned, fellow Internet business owner, asking for my opinion on an issue that could literally destroy his Internet business and the business of several other domains involved.

Free Content without Articles, Blog Feeds, and Copyright Issues

Mon, 07 Nov 2005 12:55:22 -0500

While auto-generating sites from articles and RSS feeds are all the rage, and fast, nothing beats old-fashioned manual site creation for the long-term. Auto-generation typically requires a program or script. But unless you roll your own, your moneymaking sites are leaving a footprint (don't believe everything you read, they are trying to sell software) that the search engines will catch up with in the next 6-12 months; mark these words (this comes from personal experience).

Blackberry Patent Woes: A Boon for Pocket PC Gamers?

Fri, 21 Oct 2005 20:18:57 -0400

As RIM encounters another Blackberry patent stumbling block, this may well prove fortuitous for Pocket PC and Palm gamers. As the old adage states, what's bad for the Blackberry gander may be gravy for PDA gaming goose.

Copyright, Copyrighting, and Online Copyright Abuse - Save Yourself the Headache by Reading This!

Sun, 18 Sep 2005 02:01:50 -0400

Copyrighting your work is a good thing. You are the sole owner of what you create and so you should be. There is a problem here though. Once your material is published to the web, book, magazine or even TV your leaving your material open to abuse.

Google's Book Scanning and Copyright Laws

Wed, 14 Sep 2005 08:08:06 -0400

As you may know, Google is making an effort to scan every book in the world. The goal is to create a giant online database of every book that can be searched. One small problem is the fact that Google is violating copyright laws.

Copyright Infringement on the Internet

Sat, 03 Sep 2005 13:04:15 -0400

How do copyright thieves justify their dirty deeds to steal other author�s work? One accomplished copywriter recently damned them on a major online article Blog for authors. She blasted these thieves who steal other people�s works and then put them on their websites or put their name on the articles, stories or ebooks and use them for their own online content.

Electronic Commerce Tax Jurisdiction and Principles of Permanent Establishment

Thu, 14 Jul 2005 22:01:50 -0400

The database hosted at remote server also should not be deemed a permanent establishment because the act is discretionary which provide enough opportunity for tax payer to avoid the higher tax jurisdiction.

Busting Online Copyright Thieves

Sun, 26 Jun 2005 08:51:38 -0400

How safe is anyone's copyright online?

World Wide Web Pages with World Wide Legal Issues of Tax Jurisdiction

Thu, 16 Jun 2005 20:01:44 -0400

The Central board of revenue has only authority to tax the Pakistani source income of nonresident individuals and foreign corporations of income derive from the trade and business having direct connected with Pakistan

Recommendation for Statutory Reconstruction for the Extension of Tax Jurisdiction in Cyberspace

Sun, 12 Jun 2005 03:29:37 -0400

The changing nature of Internet technology and the concept of jurisdiction law has taken new dimensions, which has make it imperative that we should introduce new legislation for defining our tax jurisdiction in internet,

Compliance of Tax Return in Electronic Commerce Taxation

Wed, 11 May 2005 09:31:08 -0400

Introduction - In this chapter, we shall look at the role of disclosure in a self-assessment environment in light of electronic commerce; emerging legal issues of compliance of tax return of e-business? I shall describe extrinsic aids for statutory reconstruction, and finally I shall give my proposals for statutory reconstruction to meet the requirement of technological advancement.

Domain Name Trademarks

Sat, 05 Mar 2005 21:04:57 -0500

As your Internet business grows, the value of your domain name increases. The issue of a domain name trademark should move to the top of your list.

Navigating The Internet Sales Tax Laws

Sun, 13 Feb 2005 15:02:42 -0500

Q. I have been contacted by my local city government to say that my business is scheduled to be audited to determine if I owe any sales tax from items purchased on the Internet. Can they really make me pay this tax? I thought you could buy things online tax free? -- Katie R.

Warning: Your Domain Name Could Infringe On Trademark Rights!

Sun, 02 Jan 2005 12:30:36 -0500

Learn how domain names can infringe on trademark laws and can lead to trouble for you. Includes what to look out for when purchasing domain names and where to go to find out if your domain name violates trademark laws.

7 Online Copyright Myths

Sat, 25 Dec 2004 06:42:41 -0500

One of the most misunderstood issues online has to do with copyright. Many are finding out the hard way that when it comes to protecting creative collateral, copyright is law.

Are Explicit Copyright Notices Necessary for Weblogs and Web Pages?

Sun, 19 Dec 2004 22:01:50 -0500

Some web sites have copyright notices, some don't, and some seem to make up their own, with (C) or (c) or weird things like "� by name" without ever specifying a year. Are these legit and do they protect your material from being ripped off? For that matter, do you even need a copyright? Find out from widely published author.

How To Protect Your eBooks From Piracy And Copyright Infringement!

Fri, 05 Nov 2004 19:51:07 -0500

Shockingly, 4 out of every 10 eBooks offered for sale on the Internet are pirated. Material from legitimate eBooks are taken without the owner's knowledge, and passed off as original content every single day! Discover the top 4 ways to prevent this from happening to you.