Terms of Service: Don’t Panic

Terms of service (ToS) are the rules and regulations that govern websites and apps. In general these terms are pretty standard but more importantly, users are often required to accept the ToS in order to reach the game, video, or information they’re trying to access. Clicking through the ToS has become a part of the […]

What is ACTA

First SOPA, now ACTA.  The Anti-Counterfeiting Trade Agreement (ACTA) is a proposed plurilateral agreement for the purpose of establishing international standards on intellectual property rights enforcement. If the name doesn’t scare you, then w…

Copyright Protection for Data Compilations?

In an interesting and somewhat questionable development, Astrolabe, a Massachusetts based publisher that focuses on compiling and producing astrological data, has sued two researchers, Arthur Olson (National Institute of Health) and Paul Eggert (UCLA), for violating Copyright law by repurposing time zone data Astrolabe had previously compiled and made available, for a fee, on its […]

Protecting Internet Freedom and the Battle Against SOPA

As many readers of this blog have surely become aware, this past October, Representative Lamar Smith (R-Tex), introduced the Stop Online Piracy Act (“SOPA”) in the House of Representatives.  According to Smith, SOPA is meant to target websites hosting unlicensed copyrighted content on their domain, and prevent US citizens from being able to access such […]

Apple versus Trolls

There are reports that this week several iphone developers have been hit with patent infringement claims based on their use of the in application purchase mechanism.   This mechanism allows developers to offer upgrades and extended features and can be an important part of their revenue stream.  The patent in question, according to CNET, appears to […]

Watercraft, Playboy, and the 9th Circuit’s view of Google Adwords

The 9th Circuit has taken a another look at trademark law in the Internet era and determined that the use of a competitor’s name in Google’s Adwords does not constitute trademark infringement. In Network Automation, Inc. v. Advanced Systems, 10-55840 (9th Cir. 2011), Advanced Systems alleged that Network Automation’s purchase of Adwords using Advanced’s trademark […]

Watercraft, Playboy, and the 9th Circuit’s view of Google Adwords

The 9th Circuit has taken a another look at trademark law in the Internet era and determined that the use of a competitor’s name in Google’s Adwords does not constitute trademark infringement. In Network Automation, Inc. v. Advanced Systems, 10-55840 (9th Cir. 2011), Advanced Systems alleged that Network Automation’s purchase of Adwords using Advanced’s trademark […]

Website Terms and Conditions: Some Best Practices

I have been been drafting quite a few T&Cs for websites lately, and in the course of reviewing some T&C out in the wild, I realized that there are few best practices in place. For larger companies, I think there was a time when these terms and conditions were seen as an annoyance, some nagging […]

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