Communication Law Articles

Google has long provided the service of blocking search results in pursuance to website takedown requests.

The retransmission of television programs of broadcasting companies over the internet by other companies can be prohibited by a broadcasting company.

The internationally recognised regulator of web addresses Icann (Internet Corporation for Assigned Names and Numbers) is constantly seeking new ways to avoid abusive use of domain names. One of the more common abuses is that of cybersquatting, the act of registering domain names consisting in somebody else’s trademark in order to make gains of that trademark’s reputation. There are several types of cybersquatting, however this is the most common.

The EU has long been considering the implementation of frameworks and legal solutions to address mounting concerns in regard to cyber security. In addition to the introduction of a new strategy in this regard, the Commission made a proposal in February 2013 to introduce a directive to facilitate the creation of a harmonized network and to standardize information security throughout the EU.

The data privacy law in Hong Kong underwent a microscopic review a result of the Octopus card case of unauthorized sale of customers' personal data and greater awareness of individual's privacy rights in today's rapid changing technology.

Businesses are increasingly confronted with the problem of finding qualified senior managers. The search for specialist personnel via social networks therefore appears more and more attractive.

With the explosion of social media sites like Facebook, Twitter, and LinkedIn, it is likely that many of your employees use social media for both personal and business interactions. While these tools can be a great way to spread the word about your company’s products or services, they can also compromise proprietary information, including trade secrets.

When creating one’s own homepage, the use of third party pictures or texts can rapidly lead to an infringement of copyright laws. Entrepreneurs in particular must, however, tread carefully not only in this area.

The European Court of Justice (ECJ) has decided that resale of licences for second hand software is, in general, possible.

Face Recognition Technology

A group of American TV providers have recently sued Dish Network, a satellite television provider, for copyright infringement because of its “Autohop” service.

A recent Dutch court decision declared that XS Networks was complicit in copyright infringement after it failed to take down the website for “SumoTorrent” which was hosted on their servers. XS Networks had already been notified that the content on this site was illegal and therefore knew the risks of leaving it in place. This meant that it was liable for the damages caused by the sharing of the illegal content as if it were its own doing.

A new regulation has been published on Official Gazette dated 14 October 2012 that contains a number of changes have been made on Regulation on Promotion of Medicinal Products For Human Use to ensure that the companies promoting a medicinal product is monitored by the Ministry of Health in wide range of their promotion activities. The main changes to the regulation include:

In the wake of the controversial law commonly called ACTA, the Maltese government has undertaken a public consultation exercise in order to enshrine “digital rights” in our Constitution. Currently, these rights are known to be the following: - The right to internet access; - The right to access information online; - The right to online freedom of expression; and - The right to exchange information online.

Under a new initiative to distance itself from anything illegal on the internet, Google has updated its search engine to eliminate “The Pirate Bay” results from its auto-complete forms. This site has stood for many years as the Tortuga of the internet, providing what is probably the most comprehensive torrent database on the internet.

A recent DMCA takedown request to the web hosting company “ServerBeach” resulted in the temporary denial of access to 1.45 million education related blogs. The notice regarded the website “Edublogs” which hosted all the blogs in question, all of which were housed on ServerBeach’s hardware. The subject of the notice was a questionnaire from 2007 which was under copyright protection in favour of a company going by the name of “Pearson”.

The Madrid Protocol enters into force in Colombia. The domestic PTO and IP law firms get ready for the new procedures. Both foreign and domestic applicants will be greatly benefited by the protocol. Finally, after much anticipation from the national and international IP community, the Madrid Protocol is in force in Colombia. The first South American country to enter the Madrid System and the second in Latin America after Cuba.

The High Court in the UK recently rejected an appeal made by Michael Toth in regard to his loss of the domain name ‘emirates.co.uk’. Toth, who possessed an extensive portfolio of domains, such as ‘china.co.uk’ and ‘maldives.co.uk’ appealed to the high court stating that his registration of the domain ‘emirates.co.uk’ was not done abusively.

The global retailing giant Walmart announced in February that it would further acquire 33.6% interest in Yihaodian, a leading B2C e-commerce company in China. Before the investment, Walmart already held 17.7% interest in Yihaodian. The new deal is subject to government regulatory approvals, including antitrust approval from the Chinese anti-monopoly regulator, the Ministry of Commerce (“MOFCOM”). On 13 August 2012, Walmart announced that it has received conditional approval from MOFCOM.

Social media sites can be a cost effective way to generate new business, but it is not without its pitfalls. There are an increasing number of cases where an employees' use of social media has created problems at the workplace, including ownership disputes of account and the outcome of YouTube video postings.

Hedge funds are increasingly subject to international and local data protection regulations. The amount of personal data held by hedge funds and service providers continues to grow. As obligations to collect data increases with new regulations such as FATCA hedge fund managers and other service providers must pay attention to data protection laws and regulations.

On the 17th July 2012 the European Commission announced that it had reached an agreement with internet giant ‘Google’ that would put to rest recent anti-competitive practice claims against Google. The EU has been investigating Google since 2010. This started when European search providers began complaining that Google was burying search results for products that competed with Google’s own, without disclosing the alleged bias.

A defamatory comment can destroy both a person’s character and professional reputation. But a ruined reputation can be salvaged with expert legal advice. Online defamation is a clearly damaging and untrue statement that is published online. The twenty first century internet has vastly multiplied the avenues through which comments are published and spread.

It would appear analysts were correct during the Arab Spring in guessing that the Internet would be the new battleground for politicians. In recent events, American presidential candidate Mitt Romney had a campaign video of his taken down from YouTube. This has raised concerns in the United States with regard to the right to free speech, a right held in very high esteem on that side of the Atlantic.

Reebok International has agreed to pay a $25 million fine to settle charges of false advertising stemming from claims that its toning shoes provide extra muscle strength to wearers, according to the Federal Trade Commission (FTC). The settlement funds will be used to provide consumer refunds, which will be made available either directly from the FTC or through a court-approved class action lawsuit.

Regulation of social media from a global prospective. Jan Dhont comments on transatlantic differences. Social media policies attempt to grapple with the impact that employee conduct online may have on the reputation, business interests, and legal obligations of an organization. They do this by guiding employees on appropriate online behavior and prohibiting certain conduct.

The law has had to adapt and change to meet the needs and demands of businesses and consumers as modern technology has advance. And it will keep on changing as technology continues to develop. If you are considering setting up in business with a measure of reliance on the internet and associated technologies, you will need expert advice from lawyers experienced in e-business law.

Transborder data flows are a significant concern for those interested and involved in cyber-security and information privacy. The issue is given particular focus in the context of cloud computing. A key new source of risk for users on cloud computing services is that associated with the storage of data and the execution of transactions in foreign jurisdictions. This whitepaper examines government and industry responses to cross-border data flows in the context of cloud computing.

Inadequate data security leaves businesses open to significant damage and embarrassment. Whilst data security is a key concern for any business when it considers the use of its IT resources, businesses that operate within, or are seeking to operate within, the cloud need to be particularly attuned to the increased risks and dilemmas that cloud computing poses for their data security. - Data Security in the Cloud - A Whitepaper by Nicholls Legal

The adequate protection of the privacy of personal and sensitive data has proved to be one of the key concerns that has emerged in the area of cloud computing. Adequate protection of privacy intersects with many other issues affecting cloud computing, including data security, jurisdictional concerns and contractual issues. Cloud Computing and Privacy - A Whitepaper by Nicholls Legal

The UK's Company Names Tribunal deals with objections by brand holders to the bad faith or opportunistic registration of company names. Consideration of the emerging body of CNT decisions highlights the importance to brand protection of a combination of a company name watch service and a readiness to deal with any abusive registration by a speedy, and appropriate, application for an order.

New Hampshire has long since recognized the privileged nature of communications between husbands and wives. However, with the widespread use of electronic communications, it has become unclear whether such communications remain within the realm of “marital confidences”.

With the explosive and continued growth of the internet, it is no surprise that more and more crimes are committed such as phishing, computer hacking, identity theft, fraudulent transactions and other illegal activity. If you have been accused of such an offense, it is critical that you speak with a capable Kansas City internet fraud attorney right away. Without effective legal counsel, your reputation, career and future are at stake.

In the light of the closure of the largest file storage systems in Ukraine (Infostore.org, Eх.uа, Upload.com.ua) the joint research of the Investment and Trade Foundation (ITF) and Cai & Lenard Law Firm on the protection of intellectual property in the Internet becomes actual.

For millions of Americans, Facebook, Twitter, Tumblr, and other social media websites have become an integral part of our daily lives. As an outlet to share events, photos, and thoughts with friends and family, many of us post content without taking any (or very little) consideration to the possible ramifications our actions may have later down the road.

Social media is an important aspect of our society. In many ways it has brought the world to our fingertips. Among the many uses for it, it has found its place in legal matters, providing evidence in some cases through the profile pages and updated statuses of those that are in the midst of a trial. The advancement of social media has made many changes to the time.

Internet has opened up new routes for unethical, abusive and opportunistic behaviour. One such form of behaviour is the practice of “cybersquatting”, which can be generally defined as the malicious registration of and dealing in domain names having third party goodwill rights or interests with a view to extorting a profit therefrom.

Despite an effort in 2009 to impose a two-year ban on the construction of new digital billboards in Orange County, Los Angeles, and throughout California, there is currently no state law prohibiting these billboards from appearing up and down the sides of highways. Extensive controversy exists surrounding the potential for digital billboards to distract drivers and cause car accidents.

It is the job of the entertainment industry to provide the general public with a source of entertainment. Unfortunately, the methods employed to do so are not always received well, and sometimes entertainers and media moguls can be sued for the risks they take when providing entertainment to viewers and listeners throughout the U.S.

The Stop Online Piracy Act, or SOPA, is a United States bill introduced in October of 2011 in order to help combat the online theft of intellectual property and its injurious consequences, both for large companies and for artists personally. While supported by movie studios in California, the Act became the focus of widespread criticism and an online protest. A lawyer explains the Act, its controversy, and examines whether it could serve as a solution to the problem of online piracy.

A Southern California woman recently made headlines after she personally sued Honda in small claims court when her car failed to live up to promise mileage standards, resulting in financially injurious consequences for her. The woman, Heather Peters, was awarded $9,867 from the small claims court judge and is encouraging others to follow her lead in making claims against Honda. A lawyer examines her case and explains the laws protecting consumers from product misrepresentation.

You’ve probably heard a lot about Ponzi schemes recently in the news — about people becoming unimaginably wealthy through fraud, only to watch their empires, built on dishonesty, collapse about them — but how many people who are not NJ tax attorneys truly understand what a Ponzi scheme is and how it works? Grasp the fundamentals of a Ponzi scheme, and you too can keep yourself from being victimized by perpetuators of this white collar crime.

Unfortunately, about two out of three new clients come to our firm because they have a problem with their signed contract or legal documentation. Too late, they have received the previously unconsidered information that their contract does not have a jurisdictional provision (so they are being sued in Idaho); or their contract doesn’t allow for....

A copyright infringement battle that has been ongoing for over a decade may soon find itself at the steps of 1 First Street NE. On December 6, 2011, a petition of certiorari was filed in the case of Perfect 10, Inc. v. Google, Inc. (11-704).

The reason that SOPA garnered so much attention was largely due to vague language that seemed to provide the government with a very wide scope of power to shut down websites and block access. While the possibility of restrictions may have looked like censorship to a public used to a laissez-faire approach to internet access, the main targets of SOPA were primarily foreign websites that hosted libraries of pirated content.

More and more companies today are involved in social media marketing and have built up followers on Twitter, LinkedIn, Facebook and other social networking sites. A recent California case against a writer who took his company’s Twitter following when he left and used the account for personal networking may have a significant impact on whether social media contacts are protected against the injurious consequences of employee theft, as is the case with client lists, explains a lawyer.

Following a seemingly worldwide internet protest on the 18th of January 2012, support for the controversial ‘Stop Online Piracy Act’ (SOPA) and ‘Protect Intellectual Property Act’ (PIPA) stalled abruptly as eight members of Congress withdrew their support for the bills.

Here are the facts on SOPA and PIPA and why Wikipedia went black on January 18th, 2012. The arguments for and against SOPA/PIPA are discussed as well as what the effect could be on you, your website and your ultimately your business. By: Maria Crimi Speth and Ashley A. Marton

These days, social media is everywhere. Most people have some sort of social media account, whether it's Facebook, Twitter, Linkedin, YouTube, or MySpace. Many people don't realize it, but the social media sites they use every day can hurt a pending personal injury claim. The fact is, insurance adjusters or defense attorneys will use anything they can to deny or discredit a claim. You might not think an adjuster will find his or her way onto your Facebook page, but it happens all the time..

With the democratization of public access to conveying and receiving information that has accompanied the Internet, questions have arisen as to which authors should receive protections from the consequences of defamation claims, explains a lawyer. While legal decisions in Oregon have indicated that only journalists are protected, California courts have focused on the immediacy of the news dissemination, ruling that the authors of news websites, often referred to as bloggers, are also protected.

After almost half a year of ‘corruption lawlessness’, on 7 April 2011, the Law of Ukraine On principles of prevention and countering of corruption in Ukraine, N 3206-VI and the Law of Ukraine On Amendments to Certain Legislative Acts of Ukraine concerning responsibility for corruption, N 3207-VI (hereinafter referred to as the “Anti-Corruption Laws”) were finally adopted. Both legislative acts entered into force on 1 July 2011.

12/20/2011 Verkhovna Rada of Ukraine adopted the Law “On the Amendments to Certain Healthcare Legislation” (regarding strengthening control over the turnover of medicinal products, food products for special dietary consumption, functional food products and dietary additives), more commonly known under the number 7007.

Generic top level domains known as “gTLDs” are about to change. If you are thinking that this may be interesting but has no effect on you or your business, think again. Brand owners have several options for protecting their trademarks in this new unlimited gTLD system. By: Maria Crimi Speth

Personal injury law attorneys often ask us how much it would cost for them to advertise on TV. They, like the rest of us, are witness to the scores of commercials that inundate the airwaves touting scores of firms’ commitment to “fight for you” at virtually no risk to the client (i.e., “We get paid only if you do.”) Many of these firms are known for doing quite well. Hence, it is only reasonable that competitors express interest in duplicating their efforts.

Law Firm Glimstedt presents the overview of tobacco industry in Belarus. The article covers the following matters: current business trends and opportunities, restrictions and advertisement, prices and taxations, production and import requirements.

More than 80 business associations and companies requested U.S. Department of Commerce Secretary John Bryson, to act immediately to urge the Internet Corporation for Assigned Names and Numbers (ICANN) to postpone a new generic top-level domain (gTLD) expansion.

If you have a California corporation, you’ve seen this scam. By way of background, all corporations must file with the California Secretary of State an “Annual Statement of Information.” The form asks for basic information about the corporation such as the names and addresses of the directors and officers, and the filing fee usually is $25.

Debt Relief Websites are they trouble? Make sure you review the terms and conditions of any site before agreeing.

In light of the circumstances, numerous states have enacted "cyber stalking" or cyber harassment" laws or currently possess laws that specifically include electronic forms of communication within more traditional stalking or harassment laws. In addition, many states have enacted "cyber bullying" laws in reaction to issues related to protecting minors from online bullying or harassment.

Defamation and Section 230 of the Communications Decency Act.

The author explains behavior marketing and its possible ramifications on people.

Marketing and Advertising on the Internet is subject to the same laws as any other medium. Sometimes people do not follow those rules, and the FTC or State AG is involved.

The Angela Kwan Law Offices is pleased to announce the launch of their new website at http://www.angelakwanlaw.com/.

If you are a personal injury attorney and the leader when it comes to advertising spending in your market, this article is not for you. If however, you are a personal injury attorney who cannot afford to “outshout” the competition on television radio, or in print, fear not. There are a number of tactics the smaller PI firm or attorney can do to ensure their voice is heard. And they involve four very different though interrelated activities.

One of the biggest changes to the internet is just around the corner. The Internet Corporation for Assigned Names and Numbers ("ICANN"), who is responsible for managing the internet's domain name system, has just come one step closer to expanding the number of generic Top-Level Domains ("gTLDs") available for use. On June 20, 2011, ICANN voted to approve the "gTLD Applicant Guidebook."

Internet-related crimes are covered by a number of regulations in China and are becoming increasingly important as e-commerce develops in China. This article looks at the Chinese regulatory authorities that are in charge of investigating Internet-related crimes.

The technological advances that have accompanied the digital age have presented lawyers in California and elsewhere with new challenges when conducting discovery for civil cases involving personal injury and wrongful death, as well as criminal ones. This article explores how constitutional protections have further complicated the process.

Effective law firm Internet marketing is essential when your desire is to stand apart from the competitors in your market. Today, more and more people are searching online for their needs, rather than the yellow pages in the phone book. Is your law firm there, front and center for anyone in need of your services?

The popularity of social media steadily increases, and the number of users continues to skyrocket. Defamation is a problem that is growing, especially for those in business. People can be vicious, making claims or saying things that are malicious and untrue. Is your reputation or business at risk? You may need a social media defamation attorney to represent you.

A trademark's viability depends on continued use and vigilance. When it comes to trademarks, the law has a "use it or lose it" philosophy, which makes sense in light of a trademark's role as an identifier of the source of goods and services. If there are no goods and services that are being promoted through use of the trademark, it no longer functions as one. A subsequent user can file to cancel a dormant federally registered mark, or can defend an infringement action based on abandonment.

In the course of business activity companies often face the necessity of transfer of Internet websites. The difficulty of this transfer is that a website in the Republic of Belarus is not considered as an object of intellectual property in contrast to Russian Federation. However, other objects of intellectual property can be used on a website (for example, website design, data base, trademarks and others).

Whilst the author of a defamatory message published on the internet can be held liable for defamation, so can internet service providers (ISPs) and other intermediaries such as the provider, administrator and manager of a website on the internet.

In accordance with the paragraph 1 article 15 of the Law of Ukraine “On Consumer Rights Protection”, a consumer has the right to receive necessary, accessible, accurate and timely information about the products that provides him with an opportunity of conscious and competent selection of such product. The consumer shall be provided with such information prior to purchasing the product or ordering the works (services). The information about the product is not considered as advertising.

Anyone who is familiar with the internet knows that when you do a search you get some results that are advertising.

Advertising is information about the entity or goods distributed in any form and in any manner in order to form or maintain knowledge of consumers of advertising and their interest with respect to such entity or goods[1].

TV commercials are the best way to promote mass-consumption products, including pharmaceutical products. The main advantage of TV commercials is their broad coverage, as television is considered to be the most widespread mass media. At the same time, TV commercials provide ample opportunities for targeting.

Nationwide, tax incentives for films typically take on one of three characteristics: (1) tax rebates, (2) tax credits, or (3) a hybrid of rebates and credits. Utah incorporates some form of each popular tax incentive available. Utah offers a hybrid of tax rebates and credits for qualifying productions. The state currently offers productions 20% maximum on dollars spent in Utah, which they term “dollars left in the state.” The new bill will increase this amount to 25%.

Publishing your professional legal work online has significant benefits in terms of building your professional reputation. It is also a critical component to search engine marketing.

Over the years, we have seen, that the most successful marketing tool for generating new family law clients over the short-term, has without question, been the seminar.

Many laws and regulations concerning the Internet have recently entered into force in Turkey. But there is still no uniform legislation for digital evidence and the discovery of documents in digital format.

In today’s digital world, a mobile device just might be an attorney’s best friend. No matter where you are, you can read email, speak with a client, check with your office or use the recording function to create a voice memo of a judge’s instructions. And that’s not all!

Need help with online reputation management? What’s Your Internet Image?

Moving Away from “Business as Usual”

The problem with many websites today is that they were thrown into cyberspace like a fishing line in the ocean, hoping to hook customers on the line.

Marketing to your current clients is the absolute best way to generate profitable new revenue quickly. Your clients already know and trust you, so it is easy for them to say “yes” to more services. This article outlines five legal marketing campaigns that will help you with connect with current and past clients now.

If you operate a local law firm, there are some unique Internet marketing techniques with which you should be familiar. Since Google's Place Search update in October, getting found locally takes a combination of classic search engine optimization techniques combined local search marketing strategies.

As Google continues to become more social and local, testimonials, reviews, and ratings of your law firm online become increasingly important to maximizing your local search visibility.

Whether you are working with a local web designer or a big design firm, there are a few things you should require from your web design team. The following basic guidelines for professional attorney websites will help guide you through the process of working with a web designer successfully.

Setting up a Facebook Business Page for your Law Firm can be an absolute pain in the neck. Here's a easy, step-by-step guide to Facebook for Lawyers.

Have you recently noticed that your search engine positions in Google have significantly changed? This is most likely to Google's recent Place Search update. For some law firms, the update may provide you top positions for search phrases that you previously weren't even first page. On the other hand, you may have also lost visibility for local search phrases for which you were previously number one.

The author describes the 10 things you should know to market in Internet.

Internet law is a relatively new field of legal practice: state and federal courts and agencies are creating it on an ad hoc basis, attempting to fit the highly specialized disputes that arise from website development, service provider liability, copyright/trademarks, and the professional scope of online businesses and affiliate marketers into preexisting legal frameworks.

We recommend that our law firm clients ensure that their high standards of professionalism and excellence are reflected not just in the caliber of legal services, but also in their public images and reputations.

Whether you are a first-year associate or on the cusp of making partner, marketing does matter. To be a successful lawyer, you must keep one faithful eye on clients and the other on your future.

The year is quickly slipping by and you didn't devote the time to client relations and marketing that you had intended. Don't give up! It's not too late to make a difference this year and to start the new year off on the right track!

What are the keys to getting and keeping new clients?

Three Keys for Successful Legal Marketing.

Getting a legal job is very similiar to getting new clients...the same skill sets are required.

A brief explanation of British Columbia's consumer protection legislation for pre-sale purchasers of condominiums, and comment on how the courts have recently enforced the legislation in disputes between developers and purchasers.

Performing local law firm SEO is a great way to attract clients from a variety of local outlets online.