The Digital Millenium Copyright Act (DMCA) contains a “safe harbor” provision that protects internet service providers that feature user-directed content from liability for copyright infringement. In UMG Recordings, Inc. v. Shelter Capital Partners, L.L.C., the Ninth Circuit Court of Appeals reviewed the requirements for “safe harbor” protection, upholding the broad…
The list of generic top-level domains (gTLD’s), such as “.com” or “.edu,” has changed very little over the history of the internet, until recently. Between January and May of 2012, the Internet Corporation for Assigned Names and Numbers (ICANN) accepted applications for new gTLD’s. It reportedly received more than two…
The internet and social media have allowed people, businesses, and brands to communicate and interact more than ever before. As much benefit as that brings, it also brings significant risks to the reputation of both people and brands. The internet allows people to post using a pseudonym, or to appropriate…
We have submitted a petition to ask Congress to review and modify section 230 of the Communications Decency Act in order to limit the protection granted to interactive online services, such as news websites, blogs, forums, and listservs. Also, Congress should set new policies and procedures for interactive online services…
In general, small businesses are often a labor of love for their owners. They require a massive commitment of time and energy to build, nurture, and grow, but along the way, small businesses can get caught in a wide variety of legal quagmires. Understanding these risks, and knowing how to…
California entrepreneurs should carefully consider the structure of their new business. There are many ways to organize a business, and their suitability depends on factors like the nature of the business, the number of owners and investors, and even the personalities of the principals. We will examine four business structures…
Copyright law, which protects a person’s rights to his or her own creative works, dates back nearly to the invention of the printing press. It protects a creator’s ownership of a creative work and the rights to use the work publicly. It also gives a creator remedies against anyone who…
Advertising that a product is “made in America” or “made in the U.S.A.” is a very effective sales strategy, according to recent polls. An Adweek Media/Harris Poll conducted in July 2010 found substantial support for domestic-made products, with sixty-one percent of nationwide respondents saying they would be more likely to…
Companies cannot survive, let alone thrive, in today’s business environment without an Internet presence. Businesses and brands maintain websites and social media profiles in order to advertise and market products and services, but also to interact with customers. Social media in particular has given businesses an unprecedented ability to reach…
U.S. News recently reported that since mid-2010 over 220,000 individuals have been sued in mass copyright lawsuits regarding the sharing of files over bittorrent. However, with the growth of these types of lawsuits, courts are concerned because of the possibility that subpoenas to obtain internet subscriber information may bring in…