Internet Law Attorney Blog Erik Syverson

Erik Syverson Analyzes Internet Piracy Statutes for Fox News

2011-12-08T15:10:00.001-08:00

Some members of Congress are considering new legislation that would provide increased protection for copyright holders in cases of internet piracy and infringement. I recently appeared on Fox News as an internet law attorney to discuss the benefits and burdens of the new copyright law proposal.

Smart Phone Privacy Issues

2011-11-28T15:28:00.000-08:00

Recently I appeared on Fox News 11 in Los Angeles as a privacy lawyer to discuss issues related to smart phone apps. Smart phones are essentially mini computers and apps often contain viruses or collect and sell your personal information. Consumers need to understand the information that is collected, by whom and the purposes for which it is being sold.

Businesses looking to monetize the mobile market by selling apps or consumer data need to understand the consumer disclosures required and obligations to protect consumer data. The resale of consumer data may be a violaition of state and federal law in certain circumstances. Data breaches may also need to be promptly reported to consumers who have been compromised. Consent and notice are crucial aspects for conducting business in the mobile market.

Los Angeles Trademark Attorney Appears on Fox News

2011-11-10T16:32:00.000-08:00

As a trademark infringement attorney, I am frequently asked to appear on national news outlets to discuss intellectual property issues. Today I appeared on Fox News to analyze efforts to obtain a trademark registration for the mark "Occupy Wall Street".

Law Enforcement and Social Media

2011-09-12T18:15:00.000-07:00

Today I appeared on Fox News to discuss the use of social networks by law enforcement agencies. Such use invokes the First and Fourth Amendments in America, in addition to internet specific federal and state legislation. An experienced social media attorney can provide guidance on such issues.

Zynga v. Vostu

2011-08-29T15:50:00.000-07:00

Social gaming litigation is heating up between Zynga and a Brazilian competitor Vostu. Zynga has become incredibly popular pursuant to games that it has developed for use on the Facebook platform. FarmVille is perhaps the best known.

Zynga alleges that Vostu has copied its popular games and offered carbon copies to internet users, most residing in Brazil. Vostu's defense thus far has been nothing more than that Zynga is a bad actor as well, having infringed numerous copyrights itself.

The most interesting aspects of this case appear to be procedural. That is because Zynga filed suit for copyright infringement in both the United States and Brazil. Vostu sought an injunction from the American court staying the Brazilian case while awaiting the outcome of the American case. That strategy may be because Vostu likely generates the bulk of its income in Brazil. Also, surprisingly, things aren't going too well for Vostu in its home ballpark of Brazil.

Initially, the American Court granted Vostu's request with a temporary restraining order. However, the Court reversed course and ruled recently that Zynga's Brazilian case may now go forward at the same time as the American case. Zynga's lawyers successfully argued that simultaneous litigation may proceed because copyrights are territorial in nature. Additionally, Zynga is not seeking duplicative monetary damages, different markets hence different monetary damages.

This case is interesting going forward because we are likely to see many more similar cases. Copyright infringement is one of the real dangers for new media content producers like Zynga. Many times, infringers feel emboldened by residency outside of the United States. Zynga's aggressive two track litigation approach may re-make the international copyright enforcement playbook. Two negatives of simultaneous copyright infringement actions may be inconsistent results and increased legal expense. Internet law firms will be watching this case closely.

New Domain Extensions Coming From ICANN

2011-07-01T13:55:00.000-07:00

I recently discussed ICANN's new domain name expansion plans on Fox Live. The internet is running out of desirable domain name real estate. This will allow companies, athletes and entertainers to strengthen their brands. For example, rather than coke.com, the soft drink company may have drink.coke as a domain for a new marketing effort.

The price tag per domain is steep at around $200,000 for an application and annual fees of $25,000. Far different than the 1990's domain name gold rush where great domains could be picked up for $20 or so. That should keep out the bulk of cybersquatters, however, there will likely be fierce battles over generic domain extensions among large corporate interests. A new domain gold rush may likely emerge.

Plenty of trademark infringement lawsuits will certainly be filed. When such battles arise, it is important for trademark owners to retain an experienced domain name trademark lawyer to protect their intellectual property rights.

Trademark Infringement Attorney

2011-06-23T10:27:00.000-07:00

As a Los Angeles trademark infringement lawyer, I am frequently asked to comment regarding intellectual property litigation issues. These issues often include internet advertising trademark infringement or infringing goods manufactured in other countries and re-sold in America. This week, I had the pleasure of speaking with Fox News about intellectual property infringement occurring in China and the effect of such infringements on the American economy. This often includes copyright infringement of software, music and movies. Trademark enforcement is also very difficult in the Chinese market.

Anonymous Internet Speech Takes Hit in New Jersey

2011-06-07T16:10:00.001-07:00

The New Jersey Supreme Court has ruled that social media and message board activity may not enjoy the same level of protection as traditional journalistic media such as newspapers. This is one of the first opinions to make distinctions between journalistic activity in social networks and traditional news media.

The decision has to do with the breadth of New Jersey's shield law, which allows journalists to protect their sources. According to New Jersey, reporting in traditional journalistic channels maintains a robust right to shield sources. Not so much in social media and message boards such as Facebook and Twitter.

Anonymous speech rights are at the center of social media law and tension is present in this area. That is because internet defamation is exploding. This New Jersey case could be a ray of hope for those being targeted by anonymous internet defamation. An experienced internet defamation lawyer may be able to use arguments similar to this New Jersey case to identify the source of anonymous internet defamation taking place in social networks and message boards.

Social Media Legal Dangers

2011-06-07T11:55:00.000-07:00

Today I appeared on Fox News as a Social Media Attorney to offer commentary in light of the Anthony Weiner scandal.

Internet Trademark Infringement Basics for Business

2011-06-06T15:16:00.000-07:00

Unfair internet business practices have become a common source of litigation in recent years. This type of dispute may involve various types of legal claims ranging from defamation and trade libel to infringement of trademarks. Trademarks, which identify the source of goods and services, are constantly infringed online.

How are trademarks infringed? There are a couple of common scenarios that I come across in my practice as an internet trademark infringement attorney.

First, a competitor may conduct keyword advertising using another business' trademark to lure customers to a competing website. In other words, a business' customers perform a Google search for it and click on an advertisement which appears for the business' trademark but, the customer is taken to a competing business' website after clicking on said advertisement. There are many different factual scenarios under which this may occur. Furthermore, assigning liability is very difficult and complex. Not all circumstances of keyword bidding on competitor's trademarks result in the requisite consumer confusion required for a trademark infringement claim. Nonetheless, this is a common source of what we term unfair internet competition and initial consumer interest diversion.

Another common source of internet trademark infringement can be what is termed cybersquatting. Cybersquatting occurs when someone owns, registers or traffics in a domain name in bad faith by utilizing the goodwill associated with a business owner's trademark. There is actually a federal statute devoted to this claim called the Anti-Cybersquatting Consumer Protection Act. Although styled as a consumer protection act, it is most often used by businesses to prevent competitors and profiteers from diverting consumer interest and obtaining domain name real estate online.

Two common ways that competitors steal potential business and compete unfairly online include keyword bidding infringement and cybersquatting. Frequent search engine policing usually uncovers such unfair competition and early detection is usually the best preventative medicine. Most internet trademark infringement will cease pursuant to a strongly worded cease and desist letter. Some infringers may challenge the business owner's trademark rights and, in that case, litigation is often required. In many cases, a successful plaintiff in a trademark infringement may recover its attorneys fees and costs.

Social Media Dangers

2011-06-02T17:40:00.001-07:00

As a social media attorney, I often see the dark side of the internet and instant connectivity. This week I am reminded once again of the dangers inherent in these new tools. Politicians like Anthony Weiner are in a tough spot. They need social media to campaign and connect with constituents in a meaningful way, however, they are exposed to scandal now more than ever. Reputations and careers can be destroyed, deservedly or undeservedly, in days if not minutes.

Did Anthony Weiner do something wrong? Was his account hacked? Who knows. That's not really the important issue. What is important is how Weiner and other public figures manage their social media exposure and liability in a world of shrinking privacy rights.

Participation in social media necessarily demands a bargain in which exposure, connectivity and participation come at the price of privacy. How can Weiner have an expectation of privacy with regard to his Twitter account? Twitter is a third party service and Weiner's Twitter account information is hosted, not on a server that he owns, but on a server presumably owned by Twitter or some other third party ISP.

Now, personally identifiable information (PII) is a different animal. Internet service providers often have a legal obligation to secure this information (credit cards, bank accounts etc). No such information appears to have been compromised in Weiner-gate.

Social media is here to stay. It tends to ruin just as many careers as it aids. It would be wise for public figures - politicians, athletes, entertainers, to retain social media counsel to review and manage their social media campaigns and endorsements in order to limit liability and damage to their brand/careers. Under FTC rules, for example, celebrity endorsers may be liable for false advertising or other legal claims springing from the products they endorse. As such, paid endorsements on services like Twitter need to be carefully reviewed and disclosed to the public.

Trademark Infringement in Keyword Advertising

2011-05-25T17:24:00.000-07:00

The issue of trademark infringement in pay per click (PPC) advertising normally arises when a company bids or purchases advertisements that are triggered when that company’s competitor’s name is searched. For example, “ABC Auto,” an auto body repair shop, could purchase advertisements from a search engine provider to show up when a user searches for “123 Auto,” ABC’s main competitor. This issue has prompted litigation between companies and search engine providers as well as between companies and their competitors.

While there would likely be a trademark infringement if ABC Auto placed 123 Auto’s name within their advertising copy, courts have been inconsistent in deciding whether a trademark infringement exists if ABC merely purchases advertisements that are triggered when “123 Auto” is searched.

A real life example – a Google search for “GEICO” may return an advertisement for AAA. Here, it appears that AAA has bid on the keyword “GEICO” – that is, AAA’s advertisement is triggered when a user searches for “GEICO.” Both AAA and GEICO sell automobile insurance and it seems that AAA has bid on advertisements that are displayed when a user searches for “GEICO.”

These issues are confusing and there are inconsistent holdings in cases around the country. If you are involved in a keyword trademark infringement lawsuit, it is important to seek an experienced internet lawyer with relevant trademark litigation experience. There may be many crucial factual and legal issues that can strengthen a Plaintiff's claim or bolster a trademark defense. For example, a recent decision in the 9th Circuit Court of Appeals has greatly strengthened defenses to trademark infringement claims based upon advertising in the Google Adwords network. This is good news for affiliate marketers and publishers who are sued for trademark infringement.

Match.com and User Background Checks

2011-05-05T13:52:00.000-07:00

Recently, I appeared as an internet law expert on Fox national news to comment on recent legal issues facing Match.com.

The Sony Disaster

2011-05-03T17:16:00.000-07:00

It just keeps getting worse and worse for Sony. Technology and Internet lawyers have been watching closely as the Sony data breach saga plays out.

For those not familiar, the Sony Playstation network was recently hacked. The invasion resulted in the capture of consumer data for over 70 million people. Most of this information consists of email addresses and screen names. Sony has not yet admitted that credit card data has been stolen. Sony's network maintains credit card data for over 10 million users who wish to obtain content from Sony's network - such as movies and game related products.

Email addresses and screen names may not seem like a big deal, but that kind of data can be used by nefarious operators to perpetrate internet and email scams - resulting in millions in consumer financial loss.

Apparently Sony just appointed a new data security czar to prevent this in the future. With respect to the law, this will keep happening over and over again until legislators impose greater financial penalties upon companies who are hacked. In other words, there has to be a greater financial incentive for companies like Sony to take preventative measures.

Why didn't Sony have a data integrity czar and associated lieutenants in the first place? Because they didn't have too. Under current law, Sony has no real liability as long as it timely alerts its customers of the breach.

Internet Browser Do Not Track Lists

2011-04-20T16:27:00.001-07:00

Internet usage and consumer privacy - two concepts constantly at odds. Why? Because the higher the level of consumer privacy online the lower the revenue and profit margins for large and small internet companies alike. Data - consumer data - is the currency that drives e-commerce.

Setting aside the world of mobile, which will soon outpace traditional desktop internet browsing, some browsers are bending to consumer and governmental pressure to increase consumer controls over browsing data. While much of this data may not include personally identifiable information (PII), it still reveals much about an individuals online habits.

Internet Explorer, Mozilla's Firefox and Apple's Safari browsers all now allow users to click a button telling websites not to track their data. A few ad networks have signed on.

Google and its Chrome browser have not. One big reason is that what constitutes "tracking" is unknown at this time. In other words, there is no piece of legislation or case that provides a legal definition for "tracking". There is not even an industry group standard definition available. Mobile devices are going to further complicate the matter - adding geo-tagging issues to the mix.

Google has a point here. It is perhaps hasty to implement technology to disable "tracking" when what constitutes "tracking" is unknown. I imagine Facebook, which has its own notorious privacy reputation, might behave much like Google. Patience may not only be profitable but also prudent. That is, unless, there is a huge consumer backlash against Google for not following its peers' example. Consumer confidence should not be overlooked as a driver of internet service provider usage. Consumers need to implicitly trust their internet service providers to be responsible data custodians.

CNN recently reported on this issue and some of the technical aspects involved in implementing do not track technology. There is some proposed legislation sitting out there at the federal level. However, even if such legislation is passed, the meaning of any such legislation, its scope and applicability, will take years to define. As an internet business law attorney, I fully expect a slew of consumer internet privacy litigation to take hold in the next five to ten years. Browsing data will most assuredly be at the heart of such lawsuits.

Internet Defamation Exploding

2011-04-14T16:40:00.000-07:00

Internet defamation and anonymous internet defamation, in particular, continue to rise. Recently, the ABA Journal reported on the phenomenon of web attacks.

I found the article quite good in providing a generalized road map regarding this issue. It may be light in serious case law analysis but I found the section regarding CDA Section 230 reform particularly refreshing. CDA Section 230 has been stretched and abused for so many years that it has become a get out of jail free card for internet companies and websites. Reform will come down the pike sooner or later. I would like to see something analogous to the DMCA procedures for copyright infringement. In short, there needs to be a legal incentive for websites to cooperate in internet defamation matters. Kudos to the ABA for illustrating the problems with CDA Section 230 in its current form.

As I was telling a client the other day, it takes years and years to build a brand or business reputation. Unfortunately, that brand and reputation can often be destroyed in a matter of a few hours by a single, dedicated anonymous internet poster. If your business is being attacked online, it is crucial to hire an experienced internet defamation attorney. Even if the defendant has no money to collect pursuant to a judgment, an aggressive, experienced internet lawyer can stop the bleeding and get your business back to the revenues it enjoyed prior to the web defamation attacks.

Anti Slapp Motions More and More Common Due to Internet Postings

2011-04-06T16:04:00.000-07:00

The internet is leading to an explosion of expression and user generated content. This is nothing new. Review sites like Ripoff Report, Yelp, RateMD etc. have fueled this explosion.

The legal downside of this explosion is that unfettered expression frequently goes too far and leads to defamation and trade libel. The fact that many review sites allow for anonymous postings and ratings only encourages individuals to cross the line from freedom of expression into the unprotected territory of defamation. Free speech has its limits and those lines are crossed online more often than anywhere else.

Defamation and trade libel, in short, consist of a false statement of fact that injures one's reputation and has a defamatory meaning. There has been an explosion in internet defamation lawsuits in the past few years. In today's world, a reputation which has taken years to build may be destroyed by just a few defamatory internet posts appearing highly in Google search rankings.

For those sued for defamation or trade libel in California, there is a powerful defensive tool that may be employed called the Anti-SLAPP motion. This motion may be filed by a defendant in a defamation case at the start of the case. The motion seeks to dismiss the complaint thereby putting an end to the lawsuit. The defendant, in the motion, must show that the speech at issue related to a matter of public interest. If the matter is of public interest or, more specifically, consists of public participation in a matter of public interest, the burden shifts to the plaintiff to prove a likelihood of success on the claims.

Basically, the Anti-SLAPP motion is like a mini-trial at the beginning of the case. Rather than incur the expense of defending a long, drawn out lawsuit, the Anti-SLAPP motion provides a defendant with an avenue to resolve the case at its beginning, saving the defendant untold thousands of dollars. Also, if successful, the defendant is entitled to recover all of its attorneys fees incurred.

If you are sued for defamation or planning on suing someone for defamation, make sure to contact a lawyer specializing in Anti-SLAPP motions. If you are a defendant, it may resolve your case very early in the proceedings and enable you to recover attorneys fees. If you are a plaintiff, you need to be able to overcome an Anti-SLAPP motion so that your case may proceed to trial.

Digital Wallet Battle Heating Up

2011-03-22T12:29:00.000-07:00

In the very near future, I believe phones will replace credit cards as the physical instruments used to purchase goods and services. All the big carriers as well as the manufacturers - Google, RIM and Apple - are jockeying for position to control this new engine of commerce.

Mobile payment data is what we are talking about here. How to store it? Who has access to it? How it is deployed? And most importantly, who makes the most money from it? Today, payment credentials are stored on magnetic strips on plastic credit cards. That technology is about to be rapidly replaced. Visa, American Express and Mastercard might be left out in the cold or need to adapt their business models radically.

This new technology will move payment credentials from magnetic strips on plastic cards to your phone. The act of purchase becomes contact-less whereby the swipe of a credit card through a terminal is replaced by simply waiving your phone in front of some sort of monitor that records the transaction and debits your account.

Where on the phone will payment credentials be stored? RIM would like the payment credentials hard-wired into the handset itself, allowing RIM to play a role in transactions and presumably earn percentage points on each purchase. Google has some phones that already have this capability. This would limit, to some extent, portability of information. Apple does not have built-in technology to allow mobile payments on the Iphone.

Carriers like Verizon and ATT want payment credentials contained on tiny SIM cards which store a user's data and allow such data to be swapped in and out of phones. In other words, the SIM card model would give the carriers greater control over payment credentials and presumably a slice of each transaction. The carriers' model weakens the link between consumer and handset and allows portability.

Currently, the Wall Street Journal reports that there are only 110,000 terminals in the U.S. where a person could pay with smart phones. Of the 55 billion credit card transactions last year, only 80 million were smart phone contact-less purchases. This market will be huge, I have no doubt. In light of ATT's recent acquisition of T-Mobile, this is something federal regulators should consider before approving the further consolidation of the wireless telecom industry.

As an experienced Internet Attorney, I offer a couple of predictions. First, the portable SIM card model will win and control/profits will fall to the carriers. Second, this will open up a whole new slew of financial fraud and identity theft the likes of which we have never seen.

Microsoft Shuts Down Spam Network

2011-03-18T15:35:00.000-07:00

Today the Wall Street Journal reported on a gigantic spam network that was shut down by Microsoft and the federal government. The spam network, labeled the Rustock "botnet" by Microsoft in a federal civil lawsuit, is alleged to be the leading source of junk email on the internet.

The spam allegedly peddled everything from vitamins to counterfeit software - an invitation for Microsoft to act. The lawsuit had been previously sealed, likely to enable covert and coordinated action across the country by Microsoft and the feds. U.S. Marshals and Microsoft lawyers raided hosting companies from Seattle to Chicago.

The lawsuit is now unsealed at Microsoft's request. One can only speculate that Microsoft's desire to unseal the suit at this point stems from some urge to parlay its efforts into goodwill with consumers. I wonder if this is a tactical error in the litigation currently underway. Surely there are some advantages in keeping this under seal on a litigation operational and investigative level.

As an internet attorney specializing in commercial email issues, I know that evidence collection and identification of proper parties can be challenging. Furthermore, the line between illegal spam email and legitimate bulk commercial email is often a point of confusion among both consumers and email service providers.

In this case, it appears Microsoft has dealt a blow to an anonymous, international source of much of the illegal spam email making its way through various networks and hosting companies. E-commerce rule-breakers are, if anything, adaptable. Let's see if a new threat rises to fill the vacuum caused by Microsoft's efforts.

9th Circuit Deals Blow to Trademark Owners

2011-03-14T15:32:00.000-07:00

In the past week, the 9th Circuit Court of Appeals handed down a decision impacting the internet keyword advertising industry. In Network Automation, Inc. v. Advanced Systems Concepts, Inc., the Court ruled that a preliminary injunction entered against Network Automation in District Court must be vacated. The companies are business software producers. The Injunction prevented Network Automation from bidding on Advanced Systems' trademarked term "ActiveBatch".

The District Court went awry by applying analytical factors in a rigid manner from precedent set forth in a domain name infringement case. Clearly, a domain name infringement case is a much different animal from a keyword infringement case. The Court found that there was no likelihood of confusion caused by Network's bidding on Advanced Systems' trademarked term.

The 9th Circuit has now laid down important precedent for all future trademark keyword advertising cases in the west. From now, District Courts must apply factors in a flexible manner and engage in real keyword analysis. In essence, the 9th Circuit is mandating that Courts peel back the onion and look at what is really happening in a given keyword advertising campaign. This will likely entail an analysis of the party responsible for composing the adwords text, the content of the text itself, the product or service being sold and sophistication of consumers purchasing the good or service. This case will serve as an important guidepost for all future keyword advertising campaigns.

Those engaged in keyword advertising and affiliate marketing would be wise to hire an experienced keyword advertising lawyer to review campaigns for likelihood of confusion and trademark infringement risk.

Google Search Algorithm Controversial

2011-03-11T17:46:00.000-08:00

The biggest news regarding the world of internet search this year has been Google's search algorithm change. Recently, Google revised its secret search sauce in an effort to provide ever-improving quality in its search results. Google's goal appears to be to elevate, original fresh content and devalue stale content lifted from other sources or sites that are simply not updated frequently. A warning to those like myself to get back to blogging and create some new content.

As reported by Paidcontent.org, some early results are in. Traffic has surged on content rich premium sites as well as local entertainment/sports sites. What constitutes high quality content as opposed to low quality content is an issue of debate. But, it looks like content remains king at Google and large doses of fresh and original content is the surest way to assert natural search dominance.

I suspect the quality of in-bound links is playing an elevated role as well. High numbers of links from low quality sites and link farms will likely be penalized. It may get harder to game Google's system and employ black hat search engine marketing techniques such as those employed by JC Penney recently. JC Penney employed such black hat techniques and was punished by receiving a de-listing from many search results where it had previously ranked one or two.

Smaller companies may be having a tough time coping as reported by the Los Angeles Times. Such companies have likely invested thousands to millions of dollars in search engine marketing techniques and in-bound linking that may now be obsolete or worthless.

I wonder if this change will lead to better search engine real estate for large corporate entities. One of the endearing and enduring qualities of the e-commerce revolution has been its democratizing effect and promotion of main street businesses to new heights. That may change now - or it might not. As an internet attorney, I am left to ponder how this will affect areas such as trademark rights, cybersquatting, paid search, affiliate marketing and search engine optimization. Will this lead to a new land grab for domains and/or increased trademark right enforcement by large entities? Will this be a boon to paid search marketers as companies who have lost their natural search positions scramble to make up for that loss by buying top positions on keywords. Does this signal a shift toward the interests of large corporations and away from the mom and pop main street vibe that has previously populated many search results. Answers to such questions should become apparent relatively quickly.

Internet Activity is Not as Anonymous as You May Believe

2010-06-03T15:14:00.000-07:00

Using an anonymous profile and/or username to comment about an issue or person (even a public figure), or share copyrighted data, does not guarantee safety from the legal consequences. In fact, as the following cases indicate, it should be avoided.

In the realm of defamation cases, a grand jury subpoenaed Twitter this month on behalf of Pennsylvania Attorney General Tom Corbett to reveal "any and all subscriber information" of two anonymous bloggers @bfbarbie and @CasaBlancaPA.

Twitter was ordered to provide the “name, address, contact information, creation date, creation Internet Protocol address and any and all log in Internet Protocol address” of both bloggers, according to the subpoena.

Signor Ferrari, the pen name of one of the two bloggers from the site, claims it's their First Amendment right to criticize Corbett, a public official. However, whether the court agrees with Ferrari and his First Amendment argument, remains to be seen.

In another case, Steve J. Theriot, the interim president of Jefferson Parish, La., filed suit against 11 anonymous bloggers he believed defamed him on the The Times-Picayune of New Orleans Web site. Theriot eventually dropped the case as his being a public figure would've made it difficult to win.

But that doesn't necessarily mean that all Internet defamation cases involving public figures and anonymous bloggers/writers will fare the same way. Over time these cases will set a precedent for similar cases, giving lawyers, judges, and the legal industry insight as to the boundaries of anonymity when voicing one's opinions online. For internet defamation lawyers, the current state of the caselaw is akin to the wild west, therefore, appellate court guidance in the next five to ten years will be welcomed with open arms.

Another Internet activity that anonymity does not protect against, is file sharing.

The U.S. Copyright Group, a group of intellectual property lawyers whose goal is "to stop movie copyright infringement and make illegal downloaders pay damages for the content they have stolen," has filed suit against more than 20,000 individual users (mostly IP addresses) in Washington D.C. federal court for copyright infringement -- downloading films.

About 30,000 more users will be sued, including those who downloaded the Oscar-winning film, The Hurt Locker.

A new software from U.K.-based company Guardaley IT makes it easier to track infringers using BitTorrent by "capturing IP addresses based on the time stamp that a download has occurred and then checks against a spreadsheet to make sure the downloading content is the copyright protected film and not a misnamed film or trailer."

However, U.S. courts have been hesitant to use the technology in prosecuting offenders, for a number of reasons, especially after the Recording Industry Association of America's 2003-2008 mass suing of more than 35,000 individuals. But, such technology may prove useful for U.S. litigators in the near future, and currently gives lawyers abroad the means to prosecute faster and easier.

Authored by Taren Fujimoto, edited by Erik Syverson

Tracking of Internet Browser Activity

2010-05-28T11:03:00.000-07:00

Web surfing creates a unique fingerprint on browsers that can be traced to nearly 84 percent of users, according to research from the Electronic Frontier Foundation released Monday.

The EFF reached its conclusion via its Panopticlick experiment site which has sampled nearly a million user fingerprints to date since Jan. 27th, 2010. Participants simply click on a red dot and are given a uniqueness score based on the amount of information their browser shares with other sites. A statistical and mathematical breakdown is provided for the empirically driven crowd.

While certain variables may cause unique fingerprints to change or become unstable over time, the EFF determined that in general, user identification remains "overwhelmingly trackable," creating serious "implications both for privacy policy and technical design."

The advocacy group suggests policymakers realize the importance of browser uniqueness and determine limits for the association of online identities to sensitive data. How soon or how serious policymakers take this recommendation remains to be seen. However, the site does make the dangers of Internet tracking tangible and even, fun to learn about.

The EFF also provides tips on its experimental site for users to protect themselves and lessen the chances of involuntarily giving away personal information.

Although the science and technical jargon of the experiment may be much for the average Web user to fully comprehend, the conclusion is not -- following someone and knowing everything about their online habits is rapidly becoming easier for companies as well as anyone interested.

In fact, Google and Facebook are in the news again for releasing usernames and other personal information collected from users to advertisers. Google's Street View cars, which made headlines last week after the company admitted the fleet inadvertently picked up data, also admitted accidentally recording people's Internet activity. Short blurbs worth, but still another method of tracking a browser history and more fodder for political battles over privacy both in America and overseas.

Experienced Internet Attorneys can provide counsel to individuals as well as companies regarding consumer internet privacy issues.

Authored by Taren Fujimoto.

Family Based Social Networking - Pros and Cons.

2010-05-24T14:32:00.000-07:00

Gigaom released a video interview Tuesday with CEO Mandeep S. Dhillon about his new family-oriented social networking site Togetherville.

Currently in open beta, Togetherville is intended for children ages six to 10, through 13, and their parents. With an interface similar to Facebook, kids can express themselves through educational games, art, and music. Children and parents are required to use their real identities (although not searchable via search engines) and friend only people they know and trust in real life. Also, the parents are the ones in control of who the children can friend.

Some pros of the site include the real life social network, the relatively safe environment, and parental control while teaching children how to effectively and positively network online. The site is an interesting concept, however, parents can only control their kids' social networking behavior for so long before they branch out to Facebook or any other mature networking site.

Whether the site breeds a generation of positive and careful social networkers remains highly doubtful. However, it does add another means of socialization and learning amongst families and close peers. Internet attorneys will be focusing upon the implications of social networking targeting a younger and more innocent audience.

Authored by Taren Fujimoto, edited by Erik Syverson.

Social Media Presents Issues for Employers and Employees

2010-05-21T15:11:00.000-07:00

It's common sense to not to rant about a co-worker, boss, the company you work for, much less post your livid complaints on a social networking site or sites for the world and your said co-worker/boss/company to see. But of course, some miss the simple message or just don't care enough to cover their tracks. Hence the eventual firing or workplace drama.

Employment at-will, basically states that "in the absence of employment contracts (such as collective bargaining agreements) that indicate otherwise, employers generally may fire employees for any reasons, no reasons and even unfair reasons, as long as they are not illegal reasons." Most states are at-will states and can fire employees for almost any reason except "federally protected classes such as race, gender and religion. In other words, you can legally be fired or disciplined for posting anything deemed negative or inappropriate by your employer, even if it's a joke.

While one-fourth of companies disciplined an employee for inappropriate social media usage, only 10 percent have a policy addressing social network sites, according to a 2009 survey of nearly 800 private and public employers by the Society of Corporate Compliance and Ethics and the Health Care Compliance Association. In addition, the results showed workplace monitoring of online activity is underdeveloped.

While most companies are struggling to deal with the explosion of social media outbursts and may take awhile to develop specific company policies, don't think that you're safe.

Think about the situation logically before you tweet your latest lament. It's your place of employment, where you get paid to do a job, which doesn't include changing your status to all the reasons why you're boss is an evil hack. Expressing yourself is likely not as important as keeping your job. For employers, contact a lawyer experienced in the legal issues related to social media. It may be wise for employers to set social media policies to avoid unfair or uneven employee discipline.

Authored by Taren Fujimoto and Erik Syverson.

Google Maps Leeks Private Info on WIFI Networks

2010-05-20T11:27:00.000-07:00

A code which mistakenly sampled public WiFi data forced Google to ground its fleet of Street View cars -- meant to collect information for Google Maps and other location-based programs indefinitely, according to the company's official blog last Friday.

Written in 2006 for a separate WiFi experiment and programmed into the cars, the code inadvertently picked up snippets of unencrypted data as the vehicles drove by. Granted, the stream of information changed about five times per second, however, the cars still retained the collected data. Google is being audited by a third-party company and is figuring out how to dispose of the information based on local guidelines.

While Google's quick fess up was commendable considering the recent flack it's been receiving for privacy flubs, it does paint a tale of caution for Internet users who don't use secure and/or password-protected networks. In exchange for using free WiFi (whether from a cafe or your neighbor's gracious generosity) you could be giving up sensitive and personal information to any random creeper -- not just a multibillion dollar corporation being scrutinized and held responsible by the public and private sectors. Luckily Google is getting rid of the information ASAP (or so it claims), but you never know who's collecting data over public WiFi and what purpose they intend to use it for.

It also begs the question of whether Google should continue its quest to map out the world via Google Maps and other programs. While a simple mistake (or series of mistakes) may render the project a no-go and a huge danger/negative in the public opinion, there is something to be said about the educational and informational benefits such detailed programs provide -- such as guiding drivers through a tricky part of town, or showing people a part of the world they could never afford to go to. Internet law expert attorneys will continue to monitor the progress of programs such as Google Maps.

This post authored by Taren Fujimoto. Edited by Erik Syverson.

Geotagging Might Be Dangerous

2010-05-12T11:25:00.000-07:00

Within one week of its Feb. 17, 2010, launch, Pleaserobme.com, a site dedicated to raising awareness about over sharing personal information, garnered more than 100,000 tweets, one million unique site visitors, and four million searches on Google.com, according to the site.

Created by concept and idea factory Forthehack, the
controversial project aggregates Twitter updates of people who use geolocation technology to let followers know where they are. It may not seem like a bad idea as the site essentially collects and shares information made public by its creators, but it does point out (by process of elimination and common sense) that those specific users are not home. Basically, advertising prime opportunities for followers to rob them, or at least rummage through their homes.

Forthehack says its only aim is to make people think about sharing certain information, which in its opinion, should be private, and build its brand through means of small hacks, the first of which is Pleaserobme.com.

A recent article on the Citizen Media Law Project suggests that Pleaserobme.com may present a new test of Section 230 of the Communications Decency Act.

Section 230(c)(1) provides immunity from liability for providers and users of an "interactive computer service" who publish information provided by others. In other words: "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."

This is potentially great news for Forthehack, knowing the law more or less weights in its favor. Under this pretense, they can get their message (and other future messages) across without being held liable for placing shared, public information into a thoughtful and ultimately innovative context.

There is an explosion of content aggregation sites out there. Many, such as Pleaserobme.com, populate sites by crawling and indexing social networking sites like Twitter.com. If you pay attention to most social networking terms of use, many expressly prohibit such data aggregation and compilation. Whether Twitter or Facebook would ever sue such companies is doubtful, since Twitter and Facebook presumably already engage in such behavior or would like the option to do so in the future.

Internet lawyers will be struggling with section 230 and the extent of its grant of immunity as it relates to data aggregation sites and social networking sites for many years to come.

Content contributed in part by Taren Fujimoto.

Geotagging: Should Privacy Be a Concern

2010-04-28T11:04:00.000-07:00

One widget continuing to grow in popularity is geotagging -- adding a geographical location (usually in longitude and latitude coordinates) to social media content, such as Flickr or Facebook, using Global Positioning System or WiFi Triangulation technology. Geotagging allows users to specifically locate the source of interesting posts, videos, etc. Although a simple mechanism, it's shaping up to possibly be a $100 million-plus business, according to a recent article on gigaom.com. Debating its potential profit is one thing, but what about privacy issues? Should users be concerned about letting others know where they are, when they publish content? Do the benefits of sharing your location for social/education purposes outweigh giving up your privacy? Should users be to blame for breach of privacy issues?

Wikipedia briefly mentions privacy concerns on their "Auto-geotagging" entry noting that this type of software "can track people’s locations."

While you can edit your privacy settings and switch geotagging off, sometimes people forget to turn it off after turning it on once. Also, by then others users have had access to your location history. Convenient and user-friendly features such as Google Maps "How To Get There", downloadable flash and non-flash maps, and email and instant messaging directions make it simple for stalkers to load information to their phones and go.

A PCMag.com article takes a lesson from the Google Buzz privacy debacle and advises users to avoid the safety hazard by simply turning off their location feature.

For Internet Law Firms the bulk of legal privacy cases specific to geotagging has yet to become a mainstream issue, be cautious before readily tagging your latest picture or blog of your home, workplace, or hangout -- you never know who's following you online and in reality. Besides, isn't a general description (i.e. Los Angeles) enough?

This article by Taren Fujimoto. Edited by Erik Syverson.

Interesting Jury Verdict - False Advertising

2010-04-22T14:03:00.001-07:00

As a lawyer who has handled a number of false advertising and trade libel claims, I found a recent $10 million jury verdict in the state of Washington interesting. Click here to read in more detail.

BroadcastersCome Together to Launch Mobile Content Service

2010-04-16T14:09:00.000-07:00

Is it possible that several major television broadcasters can figure out mobile content through a joint venture? Fox, Gannett Broadcasting, Hearst Television, NBC, and eight other broadcast mediums are launching a joint venture to develop a new national mobile content service, according to a recent PR Newswire release.

The service will use the nation's existing broadcasting infrastructure in accordance with the Federal Communications Commission's National Broadband Initiative -- giving nearly 150 million American consumers easy access to mobile video.

While the venture is meant to be the next platform of digital television and aid Americans (especially those in rural areas and the older population), just how effective the initiative will be? Will babyboomers struggling to keep up with the sprawling digital revolution have the need and know-how for content? Inundating these consumers with mobile content on their phones that they just learned to use a few years ago could overwhelm them and leave them feeling alienated.

Also, in terms of content, how will venture partners and their subsidiaries assure consumers of varied content representative of what they want to see versus what advertisers pay for? Will the same FCC guidelines for TV apply to this mobile content, or will it need a special set of guidelines? Lawyers specializing in internet law and new media will be paying close attention.

Where Social Networking Goes Wrong?

2010-04-06T15:06:00.000-07:00

As an internet defamation lawyer, I was very interested in Tech Crunch's recent post regarding new social networking website GetUnvarnished.com. Ratings sites have been driving internet growth the last 2 years and Unvarnished takes it to the next level. Rather than rate businesses as Yelp invites users to do, Unvarnished allows users to rate each other. The defamation possibilities are endless and no doubt lawsuits will abound (interestingly, the site bills itself as "unvarnished" but apparently cannot and has not obtained the domain address www.unvarnished.com which hosts a blog by someone named Travis Smith).

For the most part, Section 230 protects sites like Unvarnished but that may begin to crack. Yelp has been exposed for essentially running an extortion ring according to a slew of recent lawsuits. Unvarnished may run into challenges based upon similar claims. Also, these ratings sites are getting more and more aggressive in an effort to populate their site with content. Unvarnished may or may not catch on, but it illustrates a larger legal and social issue as we head into the next decade of internet development.

The Google - China Dilemma

2010-03-23T17:53:00.001-07:00

Today I made an appearance on Fox News to discuss the Google - China situation.

Electronic Billing = Growth Industry

2010-03-19T14:11:00.000-07:00

Business and E-commerce lawyers may want to pay attention to E-billing and legal issues related to third party E-billing providers. This is a growth industry, one of the few these days - read here. However, lawyers for e-billers and plaintiff's class action lawyers will want to pay close attention to the implementation of e-billing services, particularly privacy and data breach issues. If your company is looking to get off paper and go green with electronic bills, contact an experienced internet law firm to review your procedures.

Viacom Abuses Digital Millennium Copyright Act

2010-03-18T16:05:00.000-07:00

Stunning revelations are leaking from the epic Viacom v. Youtube copyright infringement suit that has been going on for years now. Apparently, Viacom submitted much of the content that serves as the basis for its lawsuit. Any civil litigation and business attorney knows that this could result in huge sanctions imposed against Viacom and its attorneys. Aside from the possibility of sanctions against litigants, this is just another example of widespread abuse of the digital millennium copyright act by large, corporate content owners.

Internet Lawyer Erik Syverson Comments on China and Google

2010-03-16T12:55:00.000-07:00

Google Scores Section 230 Victory

2010-03-12T14:44:00.001-08:00

E-commerce attorneys need to know section 230 of the Communications and Decency Act inside and out. I found this interesting analysis of a recent Google 230 victory with regard to its Adwords program. Section 230 has been interpreted very broadly by many courts, granting websites and e-commerce companies immunity from vicarious liability for bad acts by their users - or even negligence claims in some circumstances.

Companies Exposed on P2P File Sharing Networks

2010-02-23T15:22:00.000-08:00

The FTC is sending out warning letters to a number of private businesses and public entities regarding peer to peer networks utilized and accessed in the workplace. As internet law experts know, P2P networks are a double edged sword. On the one hand, they increase efficiency by allowing the rapid transport of data. On the downside, private information such as medical records and social security numbers often leak onto P2P networks. This problem is not going away anytime soon.

Google Buzz Class Action

2010-02-19T17:07:00.000-08:00

Google really screwed up recently, rolling out its new Buzz social networking app and blowing the privacy of millions of users. Instead of advising users of the new service and letting users choose to be part of Buzz, Google automatically signed up its Gmail users to the Buzz service, exposing private email contacts etc all without the knowledge or consent of its users. This is almost inconceivable and has privacy advocates seething - a class action has already been filed against Google for its indiscretion. Internet lawyers will be following this case closely.

Google to set up high speed networks

2010-02-11T13:27:00.000-08:00

The Los Angeles Times is reporting Google's intent to build high speed internet networks in the near future. Internet lawyers will be watching closely to see if this spurs other network providers to step up bandwidth. Google plans to offer as much as 10 times the capacity of common cable broadband networks. This should be great for the consumer as the content distribution revolution rolls on - now in HD.

Google and China at Odds

2010-01-13T14:58:00.000-08:00

Website lawyers and e-commerce specialists will be closely following the fallout over a recent story that cyber based attacks against Google have emerged from China. Apparently, Google is not getting much cooperation from China and a lack of trust may be building. It is suspected the attacks sought data from the gmail accounts of Chinese dissidents. Perhaps Google pulls out of China? This may be further signs of growing internet protectionism and nationalization of the internet.

Google Tax in France?

2010-01-11T17:26:00.000-08:00

As an e-commerce attorney, I get to comment on internet law issues from time to time in the media. I was on fox news today speaking about a proposed pay per click internet tax in France. Google would be hit hardest by such a tax. Check out the internet law commentary here.

New Google Tax??

2010-01-08T11:14:00.001-08:00

Internet and e-commerce lawyers will be closely following a new Google tax proposed in France. Some in France propose taxing Google's lucrative internet pay per click advertising model to subsidize French copyright holders. The proposal has a number of procedural and technical legal snags. Aside from such legal technicalities, I am interested in the impact this may or may not have upon click fraud. That is because the tax is proposed as a per click tax upon Google ads. In other words, the taxable event occurs only when a Google ad is clicked upon. Will this encourage click fraud or provide an incentive for Google to implement stronger anti-click fraud measures to reduce possible tax liability?

Also, will Google bear the tax or will it simply pass the tax on to its advertisers by increasing keyword prices? As it stands, Google's advertisers would never know since keyword pricing is contained in a black box.

Best Buy Mac Optimization Service Useless?

2010-01-05T11:32:00.000-08:00

Consumers picking up new mac books might want to read this story regarding Best Buy's supposed Mac optimization service. Like many computer and internet related tech services sold on an unsuspecting and unknowing public, it sounds like it may be useless and a complete waste of money. And if Best Buy is selling such a useless service, the practice may be ripe for consumer redress in a consumer class action.

For starters, Macs come out of the box, ready to go and virus proof - thus, there is no reason for any such service. In fact, that is why Mac has continued to win kudos from users.

If you feel you have been sold useless tech services or internet and computer products, contact an experienced internet and civil litigation attorney.

FTC Changes Advertiser Rules for Endorsements and Testimonials

2009-11-20T16:56:00.000-08:00

This December, advertising and marketing will become more uncertain for many businesses. That is because the FTC is changing 30 year old rules on advertising with regard to endorsements and testimonials. The changes relate to transparency in disclosing real material connections between the advertiser and endorsers. This extends to internet marketing and the recent explosion in blogger rating and blogger testimonials for consumer products. Celebrity endorsers also face personal liability for the first time. Furthermore, important safe harbors such as "results not typical" no longer exist.

How the FTC chooses to enforce these new rules remains uncertain. However, internet marketers, advertisers, bloggers and celebrity endorsers need to retain a top FTC compliance lawyer to review all marketing materials before any new campaigns go live.

Facebook Sued in Class Action

2009-11-19T15:03:00.000-08:00

More details to follow but suffice to say, it looks like Facebook needs to take a harder look at its business partners. A federal class action lawsuit was filed against Facebook and Zynga over online game ads that Zynga propogates over Facebook. Apparently, the ads are not only deceptive but incur real financial injury to consumers in the way of unauthorized and disguised charges. This problem will only continue to grow as websites like Facebook struggle to figure out how the hell to make money before their venture capital dries up. For more information on internet law issues, contact an experienced internet law attorney.

Email Marketing Gone Wrong

2009-11-11T15:01:00.000-08:00

Website Tagged.com got tagged hard by New York's Attorney General, fined half a million for deceptive email practices. Tagged.com appears to have stolen contact lists and then sent deceptive SPAM emails to unsuspecting web users inviting them to view photographs of friends. How lame can you get? Tagged.com is lucky to get off so light, spammers have been doing jail time lately.

Internet marketers, E-commerce sites and email marketers need to consult an experienced internet law attorney before launching any promotional campaign. Otherwise, an exciting promotion can go wrong and cost the website owner or email marketer thousands of dollars in fines and/or civil damages.

The DarkNet is Coming

2009-09-30T12:56:00.000-07:00

The next internet revolution will likely be increasingly easy to use darknets. Darknets are like little tunnels where one can conduct internet activity and communication while remaining off the grid if you will. More specifically, it is like a private little club where outsiders cannot monitor an internet user's behavior. Darknet users effectively set up their own private url's to carry out secretive business operations or potentially nefarious activities.

Heretofore, only techies had the knowledge to set up their own darknets. But, Hewlett Packard is on the verge of releasing a browser based darknet which will consumerize darknets and their usage.

The legal consequences of this are endless and interesting. It is self evident what this means for intellectual property infringement - it makes theft of content anonymous once again. What about internet demation? I predict it will skyrocket as anonymity rises. What about cyber crimes like theft of private consumer info and bank accounts? Internet marketing could see huge rises in click fraud. And on and on and on......

Always a good idea to consult experienced internet lawyers when analyzing how new technology may impact existing laws and consumer behavior.

Google Can't Hide Identity of Defamers

2009-08-19T11:54:00.000-07:00

As an internet defamation lawyer, I was happy to see this report on Good Morning America. Those who are defamed online often need to unmask their anonymous defamers. I have been successfully unmasking anonymous internet defamers and bloggers for years.

To me, the shocking part of this story was that Google apparently fought Liskula Cohen's efforts to unmask her defamer. In my experience, internet service providers such as Google understand that it is usually pointless to oppose subpoena requests for server logs and identifying information.

In any event, citizens have no need to sit by idly while their reputation is shredded by anonymous attackers and this case simply reinforces this point.

Twitter Fails Miserably in Effort to Trademark "Tweet"

2009-08-19T11:36:00.000-07:00

As I discussed a few weeks ago, Twitter's efforts to trademark the term "tweet" seemed doomed to fail for a number of reasons. It appears the United States Patent and Trademark Office agrees and has denied Twitter's application filed by the firm of Fenwick & West - kudos to Sam Johnston's blog for reporting on this. "Tweet" will not become the intellectual property of the latest social media darling.

There is a lesson to be learned here. If you own a website and want to build out your brand, consult an experienced intellectual property lawyer from the get go. Finally, use the damn terms you want to trademark on your own site. I know this seems obvious but Twitter didn't even use the term "tweet" on its own site, instead referring to tweets as "updates". That fact just blows my mind.

Data Breaches Threaten Viability of E-Commerce

2009-08-17T15:09:00.000-07:00

Today, federal prosecutors out of the Newark office filed an indictment relating to the largest data breach case in U.S. history. Read here for more data theft details.

Hacking is serious stuff and companies maintaining private, consumer information on their servers need to fully understand the regulatory landscape. To this end, it is wise to hire an experienced internet lawyer in order to put into place the appropriate data breach guidelines and consumer notification programs for private businesses.

In-n-Out of Trademark Litigation

2009-08-10T15:40:00.001-07:00

Those of us in Southern California know and love In-n-Out burger - the go to burger joint around these parts. But In-n-Out has decided to stay relatively small and local. You can't really find the burger joint outside of California. This regional approach may encourage rivals in other parts of the country to negligently or knowingly take a run at using In-n-Out's signature trademarks in commerce.

Trademark rights are based primarily upon the principle of use in commerce, of which, geographic location is a subset and critical concern. The key element for proving up a trademark infringement case is simply likelihood of confusion. Thus, even if no consumer is actually confused by a burger joint in New York using some form of In-n-Out's marks, an infringement action may lie.

Perhaps because of its low regional left coast profile, In-n-Out finds itself in many trademark actions. There is a lesson to be learned by In-n-Out's vigilance. Trademark lawyers and intellectual property attorneys know that, when it comes to trademarks, the phrase "use it or lose it" often applies. Intellectual property must be vigorously defended or else the rights holder may lose exclusive rights to the asset.

Digital Rights Management and Ebooks

2009-08-05T15:21:00.001-07:00

I stumbled across a nice, concise explanation regarding DRM with respect to Kindle and Sony's competing device. Check the comments section of this Consumerist post. Intellectual property lawyers understand the motivation for DRM (and content producers desire for DRM), but, as a practical matter, it is usually not a winner in the marketplace.

Can Tweeting Make You Rich?? Maybe.

2009-08-05T11:54:00.001-07:00

Gawker has a post internet law firms may be interested in reading. The post refers to Internet marketing company Izea and efforts to monetize Twitter by paying people for tweets. This could create all sorts of problems - let alone whether or not it will actually drive meaningful sales pursuant to sponsored tweets. I think it would completely ruin Twitter, who wants to receive a bunch of phony tweets shilling for some corporation? Also, what sort of intellectual property issues might this create? To be continued.

Google CEO Steps Down From Apple Board

2009-08-03T15:55:00.000-07:00

Internet lawyers and anti-trust experts want to know, is this an effort to steer clear of the FTC's anti-trust grasp? Lots of Silicon Valley intrigue here.

Gotta Love San Francisco

2009-07-29T13:32:00.000-07:00

Where else but the bay do you get companies like this? See here.

Yahoo and Microsoft Unite to Take on Google

2009-07-29T08:26:00.000-07:00

Gawker reports that Yahoo and Microsoft have struck an advertising deal in order to partner up and take on Google in the paid search world. Paid search has been plagued by click fraud thus far, internet attorneys will be watching to see how this new deal affects consumers and small business. Whether or not Yahoo and Microsoft put a dent in Google's search dominance remains to be seen.

Is IPHONE Too Much for ATT's Network

2009-07-28T15:44:00.001-07:00

Internet attorneys are always interested in new digital consumer products and if their makers can actually back up their performance claims.

To this end, it looks like ATT just doesn't have the network muscle to handle data-hogging Iphones. What's the problem? Well, Iphones just use tons and tons of data. All of those apps and shiny and slick digital toys devour data. This, in turn, slows a network and ATT is the exclusive network provider for Iphone. ATT just might not have broad enough shoulders to carry the entire Iphone data burden. I would recommend that both ATT and Apple re-think this exclusivity or else they may not only lose customers in droves (what good are all those uber cool apps if they don't perform timely), but they may face class action claims for failing to deliver the digital performance they have promised.

Twitter's Trademark Dilemma

2009-07-27T15:11:00.000-07:00

Twitter wants to trademark words such as "tweet" and "re-tweet". Problem is, those terms aren't exactly distinctive and, in fact, are arguably descriptive terms - a big no go zone for trademarks. In order to show that Twitter, in fact, uses such terms in commerce - TechCrunch reports a lame change of nomenclature on Twitter's website. Mindless updates are now termed "tweets" instead of "updates" - which had been the nomenclature used for Twitter since its debut.

Who cares and why does it matter? This will have no impact on the average Joe, we'll all go around saying we "tweeted" this or "re-tweeted" that without any fear of violating trademark law or, more importantly, a lawsuit. Twitter's efforts are aimed squarely at third party app developers and - the entertainment/broadcast industry. Twitter wants to be paid each time your favorite baseball announcer says "hey, tweet us the answer to the seventh inning trivia question" and so forth.

Twitter must have had some boneheads doing their legal work previously - what lawyer with any brains would let Twitter go on for over a year using the term "updates" rather than the best e-commerce branding term of recent memory in "tweets"? Perhaps such a boneheaded move will cost Twitter a trademark registration. It would be a shame as that may be the only way Twitter figures out how to actually make a buck or two. The lesson is that e-commerce ventures like Twitter need to retain experienced internet lawyers with the knowledge and foresight to stake out intellectual property territory before such rights are foolishly relinquished.

Facebook Uses Your Pics to Sell Stuff to Your Friends

2009-07-24T11:40:00.000-07:00

Most Facebook users don't realize it but their friends may be receiving ads featuring pics ripped directly from Facebook users' profiles. So don't be alarmed if you see your buddy's girlfriend featured in an ad for an online dating website or you are featured as an unsuspecting pitchman for a fast food joint or skin cream. This is just the next wave in targeted, internet marketing and the real and true purpose of all social networking websites.

Users may disable this feature. Of course, it is hard to find the disable function but, that is hardly surprising given Facebook's need to actually make money one of these days.

Google off the Defamation Hook in Britain

2009-07-21T11:12:00.000-07:00

Google scores a defamation victory abroad. A British court has ruled that Google is not liable for indexing defamatory web pages. As American internet lawyers know, this ruling is in line with Section 230 0f America's Communications Decency Act.

How broadly this is applied in the U.K. has yet to be seen but the ruling seems grounded in logic and reason.

Phishing Attacks Continue to Plague Social Networks

2009-07-20T12:08:00.000-07:00

Techcrunch reports on the latest social networking phishing attack developing on Myspace. Proceed with caution on social networking sites, they may not be as secure as many users think.

What are phishing attacks? Wikipedia has the simple answer. Internet lawyers know that phishing can result in serious harm such as identity theft which leads to financial ruin for many. Social networking sites seem to be the perfect target for phishing because users often have a false sense of security and trust. Many times, phishers (the bad guys) can take advantage by posing as a trusted friend or familiar profile. Be wary of weird or strangely titled messages from social networking "friends". If a message makes no sense, it's probably from an imposter.

Are the Feds Watching Your Tweets??

2009-07-15T12:17:00.000-07:00

Gawker has an interesting little bit of Silicon Valley gossip regarding the Feds keeping an eye on Twitter activity. As internet lawyers already know, the feds are very good at keeping an eye on your internet activities. Best not to Tweet unless you are stone sober. I guarantee some drunken fools will be paid a visit by the secret service after making threats against the President or some other politician. Don't be that guy or girl.

Gathering Evidence Online Can Be Tricky

2009-07-14T10:58:00.000-07:00

Internet based lawsuits can be very challenging with regard to gathering and preserving evidence. The nature of digital evidence means that it may be lost in a second or extremely inaccurate and misleading.

One example of this is the difficulty in linking wrongful online behavior to the actual bad actor. Some services offer things such as email tracking to identify the actual individual associated with an email address. Experienced internet lawyers know that such services are often inaccurate and unreliable in a court of law.

Take the experience of poor Kimberly Higgins detailed on the Consumerist. This women has been wrongfully sued because her name happened to be linked to an email address used by a scammer who duped a gentlemen in Britain with an Iphone offer. Naturally, the man in London sought justice by filing a small claims suit in America. The problem - he is likely throwing good money after bad by bringing a suit based upon unreliable evidence he obtained from an email tracing service.

Unfortunately, too many people charge off into court without performing the due diligence necessary to know that their suit is based in fact. Essentially, this British gentlemen has based his lawsuit on information he obtained from an unverifiable source. It is akin to filing a lawsuit based upon an anonymous and unconfirmed Wikipedia entry.

Those looking to enter internet litigation may be well served to hire an internet law firm experienced in matters of gathering digital and internet based evidence.

Chicago Sheriff Picks Fight with Craigslist

2009-03-12T12:56:00.001-07:00

Perhaps America's most corrupt political city has taken aim at Craigslist for supposedly promoting illegal prostitution. Chicago's Sheriff, Tom Dart, filed suit against one of the most innovative and successful websites of all time. Mr. Dart's actions are unwarranted and display an extreme lack of knowledge, both of Craigslist and applicable internet laws.

First, Craigslist has voluntarily bent over backwards to aid law enforcement - this lawsuit can only serve to negate that goodwill. To this end, in November, Craigslist reached an armistice with several State Attorneys General, including Illinois. As part of a settlement with said Attorneys General, Craigslist agreed to cooperate with and respond to subpoenas seeking identifying information related to illegal prostitution ads.

Second, Craigslist has instituted many in-house anti-prostitution policies meant to clean up their erotic services pages. Third, Craigslist has sued a number of internet companies which aid ladies of the night in getting around such anti-prostition policies.

Fourth, I would argue that Craigslist, as a matter of law, is immune from prosecution and/or liability under the Communications Decency Act and its safe harbor provisions. Finally, it seems as though this lawsuit seeks to punish Craigslist for its proactive efforts in helping to control and limit illegal prostition ads on its site. In other words, the Chicago Sheriff's Department is using the proactive steps taken by Craigslist as proof that Craigslist can and should do more. This is very dangerous for websites and web entrepeneuers of all stripes.

If you have questions about a website's liability for the illegal and/or bad acts of its users, contact an experienced internet attorney.

Madoff off to the Slammer, Throw Away the Key.

2009-03-12T12:47:00.000-07:00

Amid all the pain and economic anguish of the last six months, a small bit of solace can be taken in the fact that Bernard Madoff is going to die in prison. The WSJ reported today on Madoff's guilty plea allocution in front of District Court Judge Denny Chin. Victims of investment fraud should seek experienced trial lawyers to help recoup hard earned money that went up in smoke due to the unscrupulous investment advisers and securities fraud.

myspace cleans up its user base - does this signal the end of website immunity for bad acts of users?

2009-02-05T10:55:00.000-08:00

Myspace may be a little less creepy these days but it still remains largely irrelevant in the wake of Facebook's domination of the social networking world. Nevertheless, the creepy factor was reduced when Myspace apparently used proprietary technology to identify and delete sex offender profiles. On the one hand, I applaud this effort. On the other, does Myspace's action bolster the argument that user generated content sites should be and can be more active in policing the actions of their users? How does this affect the safe harbor provisions of the DMCA and Section 230 of the CDA? How does it affect Youtube's defense to the vicarious copyright infringement claims it faces from Viacom? Youtube manages to identify and keep porn off its site, why can't it identify and keep off copyrighted content owned by production companies? Internet lawyers will surely be debating these issues in the coming months.

Hackers Target Celebs on Twitter

2009-01-05T15:51:00.000-08:00

Phishing schemes are usually perpetrated against consumers' online banking activities. But, some crafty hackers have come up with a more humorous, if not less lucrative, use of the ol' phishing scheme.

Recently, Britney Spears and President elect Barrack Obama were victimized on Twitter, the internet feed service that lets all the people in your life know what you are up to 24/7. Bogus messages were purportedly sent out under Obama's and Spears' Twitter accounts. Not much real harm but nonetheless illustrates the minefield businesses and individuals walk through on a daily basis in cyberspace.

If you are the victim of a phishing scheme or other internet fraud, contact an experienced internet attorney.

Recent Trial Victory for Erik Syverson

2008-12-15T18:44:00.001-08:00

We are happy to celebrate a recent trial victory. Just today, we received the news regarding a case we tried in the fall. The case involved former business partners haggling over high six figure securitized personal guaranties. The Court ruled that our client could pursue and enforce collection of the security interest in question for a business loan in default. So, we're happy to pat ourselves on the back and even more pleased for our clients' victory. If you are involved in litigation, make sure to retain an experienced trial lawyer.

Neck Deep in Litigation,

2008-12-10T20:07:00.000-08:00

Quick apology - I have yet to post this month but my practice is so busy lately with new litigation matters that require immediate attention that I can't find the time. Hopefully, I'll grab a few minutes here and there as there are tons of stories of great import from the meltdown of Yahoo to the rising tide of internet defamation to endless and blatant copyright infringement of adult content and on and on and on. As I close out 2008, a banner year for my practice and this blog, I can't wait to see what legal stories develop and take hold in 2009. One thing is for sure, I will have fun blogging about it as an internet attorney.

We are One of the Top 50 Internet Law Blogs

2008-11-26T11:47:00.000-08:00

I am honored and privileged to point out that this blog has recently been named as one of the top 50 internet law blogs. Please check out the list as there are many terrific internet law bloggers out there offering a whole range of opinions and ideas. This is an exciting time for internet attorneys given the wild west nature of the web and the law governing its use. Many thanks to Kelly Sonora and her efforts to illuminate internet law issues.

Communications Decency Act Section 230 Immunity

2008-11-17T15:40:00.000-08:00

Whenever I am asked my opinion as to the future of the internet and where it is headed, I inevitably bring up the Communications Decency Act and Section 230 of the act which provides immunity to websites for the bad acts of their users. The competing interests are very compelling. On the one hand, immunity has allowed ground breaking innovation and, without it, we wouldn't have web 2.0 and sites such as Flickr, Myspace, Facebook and Youtube. Such sites would be mired in constant litigation for the bad acts of their users. Web 2.0 interaction and collaboration may cease.

On the other hand, anonymous and defamatory attacks are destroying the lives and reputations of thousands of individuals and small businesses online. My practice handles internet defamation cases every single day. Every employer or customer seems to "google" employees and businesses these days - and a certain percentage of the public is always going to believe outright lies, no matter how outrageous or anonymous.

I'd be interested to know where readers fall on this issue. One thing is for certain, when I am asked about Communications Decency Act reform, my one and only response to both website owners and defamed individuals and businesses is to write your congress person. Reform is coming, it is just a matter of who benefits most.

Victoria's Secret Bra Class Action?

2008-11-12T20:35:00.000-08:00

Class action law firms may have a new favorite, implausible class action lawsuit to snicker at. A recent class action was filed against Victoria's Secret alleging that the iconic company's bras contain formaldehyde. Now, I don't dispute that this may or may not be true and that harm may or may not have been suffered. But, I don't get on the surface how this class could possibly be certified. It would seem to me that the claims and harm suffered would be way too disparate and unique for class status. I could be wrong, in the meantime, this may become my favorite case since the Barbie v. Bratz battle royal in Riverside.

Barbie Seeks Return of Bratz

2008-11-11T15:16:00.000-08:00

Barbie v. Bratz, the ongoing 4 year legal battle royal out in the desert, aka Riverside, CA, took another recent turn. Los Angeles business lawyers have been following this case for years. The latest chapter pertains to Mattel's request that MGA not only stop selling Bratz dolls, but that MGA return all Bratz doll inventory to Mattel. Could make for an interesting Christmas shopping season, although, Judge Stephen Larson isn't likely to decide this issue until Santa has made his rounds.

Craigslist Cracks Down on Hookers

2008-11-11T15:02:00.000-08:00

Craigslist recently announced that it will actively seek to prevent prostitution ads from appearing on its site. The company recently came to an agreement with a number of state Attorney Generals to make it more difficult for hookers to offer their wares online. Now, Craigslist will require any adult services ad to provide identifying details, such as credit card and phone numbers. Craigslist will also charge for any adult ads. This is ostensibly to enable law enforcement to track down and jail flesh peddlers and their Johns. Craigslist also agreed to pursue litigation against a number of internet service providers who have previously aided sex peddlers in circumventing Craigslist's own rules regarding adult ads.

Internet attorneys such as myself may be interested to see what kind of revenue streams Craigslist can squeeze out of this. I also wonder if this will put a dent in Craigslist traffic, seeing as how prostitution and escort ads seemed to drive a large chunk of traffic to the site. Constitutional lawyers may have an interest in this from a First Amendment perspective and commercial speech. We'll see how it shakes out.

When Copyright Infringement Pays

2008-10-29T17:57:00.000-07:00

Yesterday, Google turned years of arguable copyright infringement on its part into the biggest book deal in history. How did it happen? Basically, Google started digitally scanning books a few years ago without the permission of authors and publishers. The publishing industry trade group took exception and filed suit on behalf of authors and publishers. The parties reached a deal yesterday that, in my opinion, is the deal of the century for Google. Read here for further details on the settlement. Think of the enormous revenue stream possibilities Google can spin off from an unlimited virtual, digital library.

Many wonder if this foreshadows a similar deal in the Viacom v. Youtube infringement case. Who knows but it perhaps illuminates Google's corporate strategy for growing their business opportunities.

New Federal Online Pharmacy Law

2008-10-27T17:18:00.000-07:00

A new federal law will set wide ranging standards governing internet pharmacies that sell illegal controlled substances. Sites selling human growth hormone and steroids will be hardest hit. Internet lawyers have noticed that internet service providers now feel empowered to shut down such internet pharmacies hosted on their servers. Internet hosting companies such as GoDaddy and Register.com are already kicking such online pharmacies off their servers, even though the law was just signed by President Bush and will not go into effect for many months.

The law also requires online pharmacies to register with the DEA, a requirement previously only leveled against brick and mortar pharmacies. As a practical matter, consumers now will need a doctor's prescription in order to purchase drugs online. Also, a person caught violating the new law is subject to 10 years in prison - double the previous penalty for unlawful distribution.

What will the net effect of this be? Like many internet industries that come under regulation of some form, I suspect this law will force most online pharmacies to set up shop abroad, making enforcement impractical and expensive. The better policy from a law enforcement perspective may be to penalize the purchasers of unlawful controlled substances. Internet pharmacies definitely need to retain an experienced internet law firm for guidance on this new statute.

McCain Not Happy With the DMCA

2008-10-15T14:19:00.000-07:00

We know that DMCA takedown notices walk a fine line between benefit and burden. On the one hand, DMCA takedown notices allow intellectual property owners an easy, cost effective way to protect their intellectual property in this rapid cut and paste internet world. Also, it insulates internet service providers from vicarious copyright infringement claims - as long as they follow the proper statutory procedures. And that means innovation can happen much quicker online.

But experienced internet attorneys also understand the dark side of DMCA takedown notices. That is, overreaching, improper and often perjerous DMCA takedown notices. I've blogged here on multiple occasions regarding the frequent and flagrant abuse of the DMCA takedown procedure and the need for reform. The result of such internet law impropriety is the removal of non-infringing content or fair use content from websites such as Youtube.

It looks like John McCain notices and he doesn't want to play by ordinary may be feeling the sting of abusive and over-zealous DMCA takedownDMCA rules. McCain wants an exception to the normal statutory time frame isp's are afforded for review of alleged copyright infringement. McCain staffers have complained that pro-McCain material, promoting McCain's campaign is being improperly removed from Youtube. McCain contends the normal 10 day time frame shouldn't apply to him because of the time sensitive and urgent nature of a presidential campaign. Sorry John, no exceptions for you. Maybe now McCain will give some attention to DMCA revision when he goes back to work in the Senate in a few weeks.

Intellectual Property Basics for Web Entrepreneurs

2008-10-10T14:46:00.000-07:00

Internet attorneys are often asked by internet entrepreneurs about basic intellectual property issues. One common intellectual property concept that is often confusing for non-lawyers is trademark law and what it means and what it protects.

Trademarks are distinctive words or symbols used by individuals and businesses to identify the source of goods and services in the marketplace. Examples are "Coca-Cola" or "Pepsi". These are made up words created to identify the manufacturer of various soda products. Another common way to think of trademarks is that they identify brands of goods and services. Trademarks may be accompanied by symbols such as "TM". This puts the public on notice that the owner of the accompanying words and symbols claims proprietary and exclusive rights in such words and symbols to identify their goods and services. Trademarks can consist of words, symbols or a combination of both. The strength of a trademark depends upon its uniqueness and non-descriptive quality. Thus, made up words like "Pepsi" and "Coca-Cola" compel the strongest trademark protection.

For website owners, registration of their trademarks is crucial. Registration is accomplished through the U.S. Trademark Office. While trademarks are not created upon registration - that occurs upon their actual use in commerce - registration provides the trademark owner with numerous rights including the ability to protect their trademark from infringement. For example, the owner of a registered trademark may sue for infringement in federal court and obtain attorneys fees. This enforcement ability is not available without registration.

For website owners with a trademark appearing in their domain name, they can prevent other businesses and individuals from obtaining and owning similar or confusingly similar domain names. In some cases, a website owner may compel the competing or infringing domain to be transferred to them in a UDRP action, administered through ICANN and various arbitration companies.

At the very least, this quick summation illustrates the importance of registering trademarks for internet based e-commerce businesses.

Are Websites Responsible for Defamation Posted by Their Users?

2008-09-30T16:14:00.001-07:00

As a lawyer operating an internet law firm, I am often asked whether or not websites are responsible for the content posted by their users. This frequently arises in the context of defamation. A business or individual is horribly defamed on a site like Ripoffreport or Citysearch or Yelp and the defamatory post achieves a high rank in Google natural search results for that particular business or individual. As a result, said business or individual experiences horrible fallout in the form of public shame and loss of business.

The defamed party obviously has claims against the poster/author of the defamatory content. However, many defamed parties wish to also sue the website that provided the forum for the wrongdoer and broadcast the harmful defamation to the world.

The bad news is that the Communications Decency Act (CDA), signed by Bill Clinton in 1996, provides broad immunity to websites for content posted by their users in addition to other torts. Of course, this law was passed well before the web 2.0 revolution which birthed a bevy of websites granting users the ability to post content and collaborate in ways never previously contemplated. Bottom line is that in most situations, websites are not liable for the bad acts of their users, including defamation.

Recently, the Ninth Circuit has given victims of defamation a little hope and perhaps signaled a shift toward further website responsibility in policing its users. In Fair Housing Council of San Fernando Valley , et. al., v. Roommate.com, LLC, the Ninth Circuit held that the CDA would not provide immunity to Roommate.com for violations of the Fair Housing Act and other state laws. The reason the Court gave was that Roommate.com participated in the bad conduct of its users by providing drop down menus for its users to complete - these drop down menus were used by Roommate.com to commit discriminatory housing acts.

So, there is finally some caselaw on the books - applicable at least in the west coast states comprising the Ninth Circuit - which suggests that websites may be held liable for the defamatory comments of users if the website editorializes or embellishes or legitimizes its users' comments in any way. I believe a number of these business ratings websites, identified above, may be held liable for defamation committed by their users because most, if not all, legitimize their users' posts in the form of stars or smiley faces or other avatars and/or icons.

If you have questions regarding internet defamation and the Communications Decency Act, contact an experienced internet defamation attorney.

Terrific SEO Expert Blog

2008-09-26T17:22:00.001-07:00

Before I embark on my weekend full of football viewing, I want to quickly endorse what I have found to be a terrific resource for internet law attorneys. Michael Gray writes the GrayWolf SEO blog which does a tremendous job of breaking new and interesting developments related to SEO and explaining just how the hell Google works. Click on the title link to get there and dive into the world of SEO.

Copyright Law Basics

2008-09-24T15:21:00.000-07:00

As an internet lawyer, I often deal with legal issues centered upon copyright. That being said, many times clients are very confused as to what is and what is not protected by copyright.

Copyright is a legal theory which grants the creator of an original work an exclusive bundle of rights flowing forth from such creation. Copyright does not protect ideas, but rather, it protects the expression of ideas in a fixed tangible form. Thus, copyright will protect creative works fixed in such tangible forms as books, cd's, dvd's, computer code, paintings, writings and drawings. In general, copyright is the right to make copies of a given work. However, a whole bundle of rights comes with copyright in America. A copyright holder has the right to be credited for the work, to determine who may make derivative versions of the work, who may distribute copies of the work, who may charge money for exhibition of the work, who may publicly perform or display the work. The public policy motive behind copyright is that governments wish to encourage the creation of new forms of expression by granting authors of works the ability to control the exploitation of such works and make money from such works.

In America, copyrights are created upon creation of a work. However, formal registration with the Librarian of Congress is required as a precedent to enforcing copyrights in a court of law. In other words, you can possess a copyright without formal registration but you can't sue for copyright infringement without a proper registration of the work. Many countries around the world do not require formal registration as a pre-requisite to enforcement.

The term of copyright generally lasts between 50 and 100 years after the author's death.

There are many exceptions and limitations applied in copyright law. The most notable being the "fair use" exception to a copyright holder's exclusive bundle of rights. If the doctrine of fair use applies, no infringement will be found. The internet and new distribution platforms such as peer to peer networks have rapidly changed the copyright landscape. Copyright holders generally advocate for an expansion of copyrights and legal mechanisms to aid in the identification of digital, internet copyright infringers. Many internet populist and digital freedom advocacy groups advocate for expanded application of the fair use doctrine.

If you have further questions regarding copyright and the impact the internet has upon copyrights, contact an internet law attorney for more information.

Are We Going to Get International Internet Copyright Regulation?

2008-09-23T15:16:00.000-07:00

The Bush administration is negotiating a possible international internet treaty which would provide copyright holders with increased protections. Not surprisingly, consumer groups and internet companies led by Google are opposed to this potential treaty. The Bush administration is talking with Japan and the European Union regarding the treaty. However, most savvy internet attorneys will tell you that Japan and the EU is not where the majority of nefarious copyright infringement occurs. China, Russia and the former Soviet block countries rule the roost when it comes to copyright infringement.

Google is attempting to insert an exclusion from the treaty for the sale of copyrighted movies and music on the internet. Obviously, as Google becomes a larger and larger distributor of content through Youtube and other properties, the more opportunities for infringement arise. Youtube is already up to its neck in internet based copyright infringement lawsuits. The last thing Google wants to deal with is even stricter copyright infringement oversight and procedures. Currently, companies like Google are required to set up procedures to deal with DMCA take down notices provided by content owners. Simply processing the volume of these notices must add millions to Google's expense sheet. Think of the potential cost to be shouldered by internet companies in the wake of an international treaty.

The real point to take from this proposed treaty is that internet lawyers and internet law firms now have to take a global view of copyright infringement in a way that simply wasn't imaginable even 10 years ago. The proliferation of broadband, distribution platforms and bit torrent technology has led to an international copyright infringement epidemic. This technology makes infringement easy and, currently, there is no international regulation so, in most countries, there is no downside or risk for infringers. This is rapidly changing however, and not just due to this potential treaty. Courts in both America and Europe have become more responsive to the needs of internet lawyers in obtaining the identity of infringers.

In America, the current weapon for internet litigators is the John Doe lawsuit. Armed with only an ip address and evidence of an infringement, internet lawyers must file a lawsuit against unidentified defendants, and then discern the identity of such defendants by issuing subpoenas. Perhaps this new treaty will provide a mechanism whereby internet law firms no longer need to utilize the cumbersome john doe lawsuit procedure and, instead, may obtain infringer identities outside of the litigation context.

Bluegrass State Seizes Gambling Domains

2008-09-23T13:30:00.000-07:00

Gambling is regulated, by and large, on a state by state basis. A state judge in the bluegrass state has taken the unprecedented action of seizing over 100 gambling site url's. The basis for the Court's authority appears to be an utter mystery. As a practical matter, it won't make much sense for those who have lost their domains to fight it. Very, very simple to register a similar domain in another country and host the site on servers in a foreign jurisdiction beyond the reach of American courts. My bet is that these sites are back up and running in a matter of hours. Interesting that most opposition to gaming sites comes directly from state governments that sponsor or endorse various forms of gaming. I guess the moral objections to gaming go out the window as long as the state can get its hands on the money.

The Future of Gambling Websites - Web 3.0 and Beyond

2008-09-16T15:23:00.000-07:00

Gaming websites became extremely popular in the late 90's and early 00's. The ease of use of these sites was a particularly strong draw. The sports fan no longer needed to go through the hassle of finding a guy on the street to take his action on the big game.

George Bush and Congress effectively killed online sports gambling in America by the passage of the SAFE Port Act, outlawing banks from entering into transactions with online gaming sites. The result was that many online gambling sites suspended real money operations.

As always, e-commerce is an extremely adaptive animal. The next generation of gaming sites is now surfacing and beginning to make a dent. The business model has changed from the site taking straight, real money bets. Now, we see sites popping up offering user against user wagers, aggregate weekly and season pick 'em type sites and sites awarding points or fictional dollar totals for correctly picking games. Usually, points or fictional dollars are redeemable for various prizes.

These new sites avoid the current gambling laws because, usually, they do not require the player to wager any real money. Thus, a key element in the definition of illegal gambling is missing. I also find it interesting that these new gaming sites are true web 2.0 and web 3.0 companies, offering collaboration and micro-social networks. Will these sites change the face of sports wagering? That remains to be seen.

If you have questions about the legality of sports gaming websites or any other type of e-commerce business, contact an experienced internet law attorney.

Great Internet Law Blog

2008-09-16T15:19:00.000-07:00

I love to promote other creative, innovative internet lawyers out there. I recently stumbled upon one such fellow's blog. Mr. Evan Brown puts out a terrific internet law blog which does a great job tracking case law developments. I found it very helpful and informative. I am sure readers of my blog will enjoy it as well.

Virginia Spam Law Struck Down

2008-09-12T15:08:00.000-07:00

Virginia internet users sick of email spam may be depressed today. Apparently, Virginia's tough spam law goes a bit too far. That is, it is a bit too broad in outlawing spam. Why is that? The Virginia statute bans anonymous emails and that, according to the Virginia Supreme Court, is an unlawful restriction on First Amendment rights.

What constitutes lawful commercial email as opposed to spam is a fine line. Anyone conducting mass commercial email solicitations must have an experienced internet lawyer review their campaigns. I have been noticing an increase in jail time and penalties for those convicted of spamming. Judges are starting to regard spam as a more serious offense.

Myspace Music Launching Soon in the Wake of Muxtape

2008-09-12T14:56:00.000-07:00

Myspace is launching its new free music platform. This will allow users to organize and listen to music from the big U.S. music labels free of charge. The labels are hoping to recoup money from lost cd sales by monetizing ad revenue on the site. I'm not too optimistic Myspace music is going to deliver significant revenue from advertising. We'll see how it is deployed. If ads are inserted into free content - then I can see it working to some extent. At least advertisers could be assured their message is being heard. But if the advertising model is simply pay per click, I don't see it generating much revenue. Fraudulent clicks are a huge problem in the pay per click model. Also, are users going to leave the free music content to watch advertising? Me thinks not.

It is a shame that Muxtape was shut down by the RIAA, it seemed like a much cooler, user friendly and interactive site. I wonder if Myspace and Newscorp had anything to do with that?

For further information regarding pay per click advertising and other online advertising revenue streams, consult an experienced internet law attorney.

Antitrust Noise Surrounds Google

2008-09-11T16:52:00.000-07:00

Real quick, I found it very interesting that the U.S. Department of Justice has hired a top lawyer to investigate Google with regard to anti-trust concerns. It is not clear whether this relates only to the deal with Yahoo to use Google's search technology or if it will encompass Google's overall business. Google is certainly getting into Microsoft territory, the last sexy tech anti-trust case.

Depending on who you ask, Google now controls 70% to 85% of the online search advertising market. The antitrust drum will only continue to get louder for Google. Perhaps we'll see a break-up like the baby bells in telecom. Only time will tell.

Internet Directories and Ratings Websites,

2008-09-05T16:10:00.000-07:00

I have been in trial this week, so I have been neglecting my blog but want to fire off a quick post about a new issue I have spotted regarding internet directories.

Almost everyday, I receive calls from businesses and professionals upset that they have been defamed by an anonymous reviewer on an internet business directory/ratings service. Citysearch is one such prominent directory, but there are specialized directories for lawyers, doctors, dentists and every other kind of profession you can imagine. It is very difficult, under the Communications Decency Act, to hold the website liable for defamation. As such, most websites refuse to remove defamatory, anonymous posts. Unfortunately, those posts remain and often rank high in Google search results.

What is a business or professional to do? Recently I have found a great deal of success in "convincing" website directories and ratings sites to remove defamatory posts. Not because of the defamation angle, but based upon the theory that such sites do not have my clients' permission to use their name, likeness and trade names for profit. Frequently, these sites generate revenue by posting ads upon my clients' profiles. I call that misappropriation of likeness for profit and an unfair business practice. Should a business or professional be forced to associate with a website directory against their will? That strikes me as wrong. This may become a powerful new tool in combating anonymous internet defamation on directories, we shall see as it is yet to be fully tested in a court of law.

If you are the victim of internet defamation, contact an internet defamation lawyer for information regarding your rights.

Inventing Things While Employed - a Sticky Situation

2008-08-27T15:58:00.000-07:00

I have been blogging a bit lately about my favorite case of the year, the Mattel v. MGA battle royal pitting Barbie dolls against Bratz dolls. Bottom line, Bratz were created by a Mattel employee, Carter Bryant, while he was employed by Mattel. A jury determined that MGA had stolen the Bratz idea from Mattel and interfered with its contractual relations with Bryant.

Evidently a man who created the most popular and profitable widget on Facebook was not following the Mattel case. Dave Maestri created Mob Wars which makes millions per month on Facebook. Problem is, his employer, the Social Gaming Network alleges that he created it while working for SGM. If true, SGM will likely end up owning Mob Wars under contractual rights or the work for hire doctrine which states, in general terms, that intellectual property created by employees belongs to the employer.

The lessen to take from this - if you have a snappy new idea make sure to consult an experienced intellectual property lawyer to ensure that your million dollar idea does not end up being owned by your employer.

Mattel Seeks $2 Billion From Bratz

2008-08-21T17:14:00.000-07:00

In the trial of the year, the mighty John Quinn scored a huge victory for Mattel in its lawsuit against MGA and its Bratz line of dolls. Quinn was able to convince jurors that MGA stole the idea for Bratz from Mattel. Basically, MGA has been promoting and selling Mattel's intellectual property all these years while racking up huge sales numbers.

And now the real interesting part of the trial starts - damages! Mattel wasn't shy and recently asked jurors to award Mattel $2 Billion Dollars. Got to hand it to Quinn Emanuel on this one. I wonder if they took this one on a contingency?

In any event, this case serves as an important lesson to companies and employees alike. If you have a great idea for something that you want to own or market, make damn sure you are not under an employment agreement that grants your employer ownership of your inventions and designs.

Gmail to get a whole lot safer

2008-08-21T17:03:00.000-07:00

Gmail has apparently become a whole lot safer and secure for its users. Users can now choose to encrypt all of their email messages using SSL technology. Without the SSL feature, Gmail was pretty darn easy to hack into according to techies.

This is terrific news for e-commerce and consumers alike. Hopefully, this will help combat the rash of identity fraud occurring around the world. At the very least, consumers' credit card info may be more secure when purchasing goods and services online.

If you have questions or concerns regarding the confidentiality and security of your Internet communications, contact and Internet Law Attorney for more information.

The RIAA Strikes Again

2008-08-19T12:40:00.001-07:00

The start-up music website Muxtape has been shut down voluntarily due to concerns over the RIAA - the music industry's trade group and chief illegal download cop. Muxtape allowed users to make mash-ups and mix tapes - just like you did when you were a kid. I reported on Muxtape a few weeks ago and have been following its progress. Apparently, the site's administrators tried to police infringing user activities to no avail.

I find it telling that while the music industry continues to rack up victories in and out of court on copyright infringement grounds, these victories have proven pyrrhic as music sales continue to dwindle and record labels continue to downsize until they disappear. The digital revolution and more specifically, web 3.0 collaboration and sharing, is here to stay. Until content providers figure out how to work with web 3.o ventures instead of against them, the music industry will continue to deteriorate until it is no more.

To find out more about web 3.0 and copyright laws, contact and Internet attorney.

American Apparel - What an Innovative Company

2008-08-13T16:07:00.000-07:00

I was lucky enough to be given a tour of one of America's great, young and innovative companies yesterday. Shawn Shahani of American Apparel gave me a tour of the headquarters and factory right here in downtown Los Angeles. Shawn is a real dynamic, up and coming marketing guru and I have faith that he will help lead the web 3.0 revolution with regard to marketing and branding of consumer products.

The place is massive and everything is done on site, from internet marketing to cutting fabric to shipping and freight. The company is the definition of vertical integration.

On a human note, I was impressed with American Apparel's community involvement, worker programs and philanthropy. Seemingly at every turn, AA is trying its best to make the world a better place and lessen the impact of manufacturing. Some examples include an on site medical office, green energy company vehicles and the Legalize L.A. campaign calling for immigration reform.

As an Internet lawyer, I was consumed with AA's innovative marketing techniques, particularly their views regarding globalization and social network advertising. Few companies, if any at the moment, understand how to get the most out of internet advertising, more specifically monetizing Facebook and Myspace advertising. I came away and impressed by this dynamic company and its online advertising efforts.

Olympics Newest Focus of Copyright Infringement

2008-08-12T16:28:00.000-07:00

So the Olympics recently got underway and NBC's attempts to curtail copyright infringement have been utterly pathetic - and also predictable. When will content providers wake up and plug into web 2.0 and what will become web 3.0? Content providers legal whack-a-mole strategy against infringers has never worked and never will.

NBC has seemingly taken an overprotective approach to their Olympic footage, the other network news shows can't even show highlights. Instead, NBC's competitors are relegated to still photos.

NBC's own internet coverage apparently sucks so bad that the viewing public has turned to illegal bit torrents and pirates. Pirates have outclassed NBC's Olympic internet coverage by offering HD versions of many events before NBC even gets them to air. Come on NBC, outclassed by a bunch of kids in their parents basement. Anyone else not surprised at this result since these games are taking place in China - you know, the country that doesn't give a damn about United States Intellectual Property laws.

If you have any questions regarding copyright issues and the internet, contact an experienced internet law attorney.

Anonymous Online Defamers Revealed

2008-08-06T16:39:00.000-07:00

As an Internet Lawyer, one of the most common type of cases I handle is anonymous, online defamation. The Internet and its wealth of message boards and social networks has led to a boom in defamatory statements. The reason is simple. Most anonymous posters fear no repercussion because websites don't require any personally identifiable information. Posters are not even required to register a valid email address. A screen name can be made up instantly and the defamatory post is there for all to see. If posted on a message board or website with a high Google page rank, defamatory statements will rise to the top of Google searches for you or your business.

Now, one very easy solution to the epidemic of Internet defamation would be to require personally identifiable and verifiable information from posters. This could be done very easily by requiring credit card information. Hell, this is how they verify your identity at the airport when checking in. And some websites such as Avvo.com are already employing this strategy.

Recently, I was encouraged to see that the Plaintiffs in the AutoAdmit case - a case charging defamation against anonymous posters - were seemingly able to come up with the identity of some of the John Doe defendants. Take note that if you are the victim of Internet defamation, finding the identity of your poster may be an expensive proposition and frequently can only be found pursuant to subpoena power obtained only after filing a lawsuit.

If you are the victim of Internet defamation, you should contact an Internet defamation attorney for more information about your rights.

Cablevision Wins Big Victory for DVR's Hosted on Central Servers

2008-08-04T21:29:00.001-07:00

Content providers such as movie and tv studios sued Cablevision for copyright infringement for their innovative DVR technology which stores recorded content on remote servers rather than the physical DVR box sitting in your home. Today, the 2nd Circuit ruled in Cablevision's favor by holding that such technology does not infringe upon content producer's rights. This is an ancient fight in copyright circles by now. First, it was the Sony Betamax case in the 1980's. Then it was the RIAA and music industry crusades against online file sharing, most notably in the the Napster case in the 9th Circuit and then the Grokster case in the Supreme Court.

When will content providers realize they simply cannot control distribution and user experience the way they did in the analog years? It seems content producers are simply wasting their time and money in Court because whether they win or lose, collaboration and sharing of content is not going to stop. The consuming public has made that clear. From my perspective, the big time corporate content producers are panicking and may soon find themselves suffering the same fate as that of dinosaurs. If the studios had a smart exec or two, they might be able to figure out how to embrace digital collaboration and sharing and, gasp, actually profit from it.

If you are facing copyright infringement claims relating to digital content sharing and collaboration, contact an experienced copyright attorney for advice.

Cell Phone Early Termination Fees May Be Illegal

2008-08-01T15:59:00.000-07:00

A California court has recently tentatively ruled that Sprint's early termination fees charged to consumers cancelling their cell phone contracts prior to maturity are illegal. The ruling would require Sprint to return some 18 million to consumers affected and cease collection efforts on about 54 million in outstanding fees. This is the first such ruling among dozens of early termination fee cases around the country. Rather than face an adverse ruling, Verizon recently settled a similar case.

One large issue is whether or not California law is applicable to such charges. Some argue that these charges are actually telephone rates that fall under the purview of federal law and the FCC. It is hard to buy that argument though, as early termination fees are not connected to cell phone service but rather a penalty provision that is a creature of contract.

In any event, if you question early termination fees or illicit cell phone charges, you should contact a class action attorney for information about your rights.

Youtube sued again, this time Italian style

2008-07-30T14:02:00.000-07:00

No shocker here, Google once again sued for Youtube's ubiquitous copyright infringement. Google really shouldn't be surprised, when you buy a business built upon blatantly violating copyright laws, the lawsuits are going to pile up. The smartest guys in the world are Youtube's founders, who bailed with millions and no consequences.

Once Google bought Youtube, it was like a green light for copyright holders to file suit. However, it remains to be seen if many of these suits are simply negotiating tactics to be used to cut favorable distribution and advertising deals with Youtube and Google.

The latest suit was filed in Italy by a large conglomerate known as Mediaset. The suit presents a great opportunity to see how strongly the Italian courts enforce the European Union's copyright legislation. Most believe that the EU provides greater protection to copyright holders. That does not bode well for Google, nor does the home court advantage that Italian justice sometimes provides.

For more detail on the rights of copyright holders and the viability of video sharing websites, contact an experienced Internet Lawyer.

Securities Class Action Lawsuits on the Rise

2008-07-30T13:28:00.000-07:00

Today the Wall Street Journal commented on a recent uptick in securities class action filings. This is not surprising given the level of fraud in the financial markets sector as well as the credit crunch. Unfortunately, plaintiffs must often clear extremely high hurdles in order to succeed in such cases. These hurdles have been placed by pro-corporate legislation as well as caselaw. That being said, consumers and homeowners have been financially devastated by the credit meltdown and collapse of mortgage backed securities. As such, a number of viable class action claims against companies such as Countrywide and Indymac may pop up. Banks that perpetuated this system of fraud and greed are also vulnerable to class action claims. If you are either a shareholder of such companies or a depositor or homeowner victimized by the practices of banks and lending institutions, you should contact a class action lawyer to explore your rights.