Intellectual Property
Social Media Law
Facebook Likes not Protected Free Speech
A Virginia sheriff fired employees after learning that they had “liked” his political rival on Facebook. The employees brought suit complaining that their “likes” were free speech. But in Bland v. Roberts, a federal court in Virginia held that Facebook Likes are not protected free speech. The primary basis for the judge’s ruling was that the “like” was not substantial enough to qualify as protectable speech.
A “like” on Facebook, ”is not the kind of substantive statement that has previously warranted constitutional protection.”
Social Enterprise Law
Washington Now Offering Social Purpose Corporations as… Read the rest
International News
Microsoft wins Patent Battle with Google
In a battle between two of the largest US companies, round one goes to Microsoft. A German court ruled that Motorola, which was recently taken over by Google, infringed one of Microsoft’s patents which allows long text messages to be divided into smaller parts and reassembled by the receiving mobile phone.
Microsoft can now demand that a German sales ban on Motorola products if it chooses, or it may demand a… Read the rest
On Monday, the jury reach a mixed decision in the case involving Oracle Corp.’s claims that Google Inc. infringed copyrights protecting Oracle’s Java technology. The jury decided that Google made use of Oracle’s Java interfaces when Google was developing its Android mobile phone software. However, the jury was unable to reach a decision on whether or not the use was protected under the fair use doctrine—an exception to copyright law that allows… Read the rest
CROWDFUND Act & Securities Law
SEC Seeks Feedback On JOBS Act
The SEC announced on Wednesday that it is seeking feedback on the changes that will be forthcoming under the JOBS Act. The JOBS Act makes it easier for companies, smaller companies in particular, to raise money through the sale of equity. In the JOBS Act, Congress left much of the heavy lifting to the SEC. For example, the portion of the bill that requires crowd funding websites to protect consumers states “intermediareies shall take such measures to reduce the risk of fraud with… Read the rest
At some point during the life of your business, there’s a good chance you’ll hire an outside worker, or an independent contractor. When you do, it’s best to have a well-drafted independent contractor services agreement that details the scope of services, wages, and other important details about the project. In addition, you’ll want to protect one of the most important aspects of your business, your intellectual property.… Read the rest
US Copyright Law
To appreciate the Digital Millennium Copyright Act (DMCA), it’s important to understand the broader copyright scheme. Copyright law protects a broad range of literary and artistic expression, including written works, photography, and videos. An owner of copyright protected material has the exclusive right to (1) make copies, (2) prepare derivative works, (3) sell and distribute the original and all copies or derivative works, and (4) perform and display the work. Copyright holders also have moral rights, including attribution rights and the right to prevent distortion.
What is the DMCA?
Enacted in 1998,… Read the rest
Intellectual Property
Copyright Infringer Receives Nearly 5 Years in Prison
James Baxter, of Wichita, Texas, was sentenced to 57 months in federal prison for violating federal copyright law. From 2006 to 2007 he sold “backup” copies of Adobe products such as Photoshop and Illustrator on various websites that he owned and operated. Baxter is the seventh man from one Wichita piracy ring to be convicted of software copyright violations. Altogether the… Read the rest
Suppliers & Distributors & Disputes
Amazon Pulls More Than 4,000 e-Books from Online Marketplace
In a dispute over e-Book discounts, Amazon has decided to stop offering e-Books published by Independent Publishers Group in its online marketplace. IPG is the nation’s second largest independent publisher, and has refused to come to terms with Amazon in a dispute over a contract renewal. The problem for IPG is that Amazon’s Kindle accounts for 60% of all e-book sales. If they don’t give in to Amazon’s demands, they lose out on a majority of the market. IPG has told its publishers… Read the rest
Mergers & Acquisitions
Kellogg, Not Diamond Foods, to Acquire Proctor & Gamble’s Pringles Brand
Kellogg is acquiring Proctor & Gamble’s Pringles brand after a deal with Diamond Foods fell through. Diamond Foods had been poised to acquire Pringles for $2.695 billion. However, that deal crumbled apart after Diamond Foods announced that the last two years of financial statements will need to be restated. Proctor & Gamble is the big winner here, as Kellogg is actually… Read the rest
Have you ever wondered what will happen to your Facebook account or your Shutterfly photo album when you die? Perhaps you wrote a masterpiece novel that is saved in your Gmail account. Can your loved ones access it or will it be lost forever after you pass away? The current laws in the US are vague. As our society becomes more and more reliant on Internet and “cloud-based” services, the legal questions related to privacy issues and access to digital accounts continue to grow.
In late January, the
