Law

Does Eolas Patent Infringement Case Against Microsoft, Apple and Others Have Web Implications?

Eolas, a technology company that was awarded $565 million in a patent infringement settlement against Microsoft in 2007 is embarking on another campaign against others under the same grounds of patent violation. The latest lawsuit alleges that Apple and 22 companies are in violation of U.S. Patent Nos. 5,838,906 and 7,599,985, which involve embedded Web applications within a browser. The list of infringers also include Google/Youtube, Yahoo, Adobe, Amazon, Blockbuster, Citigroup, eBay, Frito-Lay, Go Daddy, J.C. Penney, JPMorgan Chase, Office Depot, Perot Systems, Staples, Sun Microsystems, Texas Instruments even adult-oriented Playboy.

Is America Getting More Like China?

Since Obama became President -- and yes, I voted for him -- there has been a great deal of optimism and energy around the idea that the Internet can be used to improve or "reboot" our democracy. The Administration has hired some great people to work on making government more open and transparent. This is all great. But how much good will all of this nifty e-government do for American democracy if citizens' rights to privacy and free expression are not also fiercely defended?

Google Confirms That Keyword Metatags Don’t Matter

Few Internet technologies have horked cyberlaw as much as keyword metatags. Back in the 1990s, some search engines indexed keyword metatags, which encouraged some websites to stuff their keyword metatags as a way of gaming the rankings. Judges took a dim view of this practice, largely because the surreptitious nature of keyword metatags seemed inherently sinister, regardless of their efficacy. In the interim, search engines wizened up.

A Look at the Facebook Privacy Class Action (Beacon) Settlement

Facebook announced on Friday that it settled the class action challenging its "Beacon" advertising program. Net result? Facebook establishes a privacy foundation funded with $9.5 million (or what's left of this amount after attorneys' fees, costs, and class claims are deducted)... Beacon was an advertising program launched in November 2007 which (roughly speaking) allowed the transmission of purchase and consumer-related information between partner retailers, Facebook, and of course, your Facebook friends. I don't think many people have a sense of all of the contours of the program...

Trademark Owners Beware: Cybersquatting Spreads to Twitter

TechCrunch reports that its brand has been taken as a Twitter name, and that there is a landrush going on to get these names, which are already trading for money. The problem is so bad that a name brokerage, Tweexchange, has sprung up to get to facilitate sales.

Skype’s End User License Agreement

I was looking at the End User License Agreement to which Skype wants people to assent. I noticed the following odd provision (Section 3.2.4): You hereby grant to Skype a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable and transferable licence to Use the Content in any media in connection with the Skype Software, the Products and the Skype Website.

Email Snooping Can Be Intrusion Upon Seclusion

Analysis could also affect liability of enterprises using cloud computing technologies... Local elected official Steinbach had an email account that was issued by the municipality. Third party Hostway provided the technology for the account. Steinbach logged in to her Hostway webmail account and noticed eleven messages from constituents had been forwarded by someone else to her political rival.

Choosing the Right Path to a Permanent Accountability Framework for ICANN

Over the next month, the ICANN Board will consider its options for ensuring that some framework is in place to ensure ICANN's accountability to the global Internet community after the approaching expiration of its Memorandum of Understanding and Joint Project Agreement (MOU/JPA) with the U.S. Department of Commerce. We analyze these options in our new paper...

Helping Banks Fight Phishing and Account Fraud, Whether They Like It or Not

On Wednesday, Project Honey Pot filed an unusual lawsuit against "John Does stealing money from US businesses through unauthorized electronic transfers made possible by computer viruses transmitted in spam." Their attorney is Jon Praed of the Internet Law Group, who is one of the most experienced anti-spam lawyers around, with whom I have worked in the past.

Corporate Domain Registration Practices in Light of New gTLDs

For years, corporate domain name administrators have scoffed at every new second-level and third-level country code Top-Level Domain (ccTLD) liberalization, and rightly so. Until recently, most had continued the practice of registering significant numbers of variations, misspellings and typo-squats. While I have never encouraged the practice of registering every variation in every geography, as this becomes prohibitively expensive over time... With what seems to be the imminent launch of hundreds of new TLDs as a result of ICANN's new initiative, companies appear to be saying enough is enough, and meaning it.