In our ever-evolving world, there are always new technologies and new opportunities. Why invest in a person when a machine can do the work for its useful life? Why hire a taxi driver when the car can drive itself? How could you pay for a helicopter or carrier fees when…
Where are the limits of copyright? Copyright in general is limited to those new and original works, fixed in a tangible medium. In regards to computer programs, they are also considered literary works for the purposes of copyright law, and so, it could be argued that the language of a…
In general, Section 230 of the Communications Decency Act is not only one for defamation, but entails a few exceptions where liability can be imposed on an interactive computer service (e.g., Facebook, Twitter, Tumblr). So, there are situations where an online business may be held responsible for another individual’s actions. …
In a situation where an online forum allows creation of profiles with commenting capabilities, a user may take the initiative to defame an individual personally or professionally. The user may perform illegal actions using the online forum’s website, and in attempting to retrieve damages he/she has suffered, the defamed individual…
A new economy has been developing for a while, opening a unique market, with new opportunities. This is what’s called the new “sharing” economy with an entrepreneur presenting a way to connect willing participants for an economic transaction. This has evolved from something like Craigslist, to a more user-friendly and…
After establishing the issues of preemption and standing, how can you sue for violations of CAN-SPAM? Is there any way for spam to be combated by an individual? Yes, there is by suing for fraud or deception, which are not explicitly covered under the CAN-SPAM Act. So, how do you…
So, now that we know more about preemption in the CAN-SPAM Act, then what more is there to consider? There is actually quite a lot of other factors, namely standing. Now that you know how the federal CAN-SPAM Act and state laws may interact, there leaves the question of “standing.” …
Spam, for those lucky enough to be unfamiliar about it, are those unsolicited commercial emails that often clutter up inboxes with offers of sales and services that range from the reliable to the questionable. Due to the issues presented to consumers, Congress, in its wisdom, enacted a law called the…
As the implementation of the European Union Privacy Shield comes closer, other elements of the shield come into influence and place restrictions on businesses that transfer data between the United States and Europe. Further adding onto this, is the General Data Protection Regulation. This can be a major issue in…
In recent years, states have continued to collect tax from e-commerce transactions. Louisiana has recently joined in on the trend and allowed the state to tax businesses without a physical presence there. This is a trend that we have discussed in the past and we encourage our readers to catch…