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Search: Posts Made By: Attorney Jaffe
Forum: Internet Legal Issues 02-21-2013, 11:13 AM
Replies: 8
Views: 2,156
Posted By Attorney Jaffe
COPPA has been updated. Now any web site...

COPPA has been updated. Now any web site directed at children -- whether commercial or not needs to comply with the rules.

Therefore, I would now say a roster of school age sports team must...
Forum: Internet Legal Issues 11-14-2012, 02:15 PM
Replies: 6
Views: 1,048
Posted By Attorney Jaffe
If you are supplying links to music to which the...

If you are supplying links to music to which the copyright belongs to a 3rd party you are what is considered a contributory infringer to anyone who downloads the material subject to copyright and can...
Forum: Internet Legal Issues 10-23-2012, 12:01 PM
Replies: 1
Views: 932
Posted By Attorney Jaffe
There is no easy 10 word answer to your question....

There is no easy 10 word answer to your question.

If the original site has a trademark, you could have trouble. Trademark law often boils down to whether there would be confusion in the eyes of...
Forum: Internet Legal Issues 10-17-2012, 12:42 PM
Replies: 2
Views: 946
Posted By Attorney Jaffe
According to your attachment, "emedicine" is a...

According to your attachment, "emedicine" is a registered trademark of WebMD. You would probably get into trouble using emedicine in a domain name.
Forum: Internet Legal Issues 10-11-2012, 09:51 AM
Replies: 8
Views: 1,150
Posted By Attorney Jaffe
Fair Use under copyright law -- I am...

Fair Use under copyright law --

I am hesitant to start this discussion because many readers will say, "OK, I can use anything as long as I give credit to the original author" - NOT TRUE.

Fair...
Forum: Internet Legal Issues 10-11-2012, 09:47 AM
Replies: 3
Views: 984
Posted By Attorney Jaffe
Yes

Yes
Forum: Internet Legal Issues 10-03-2012, 02:53 PM
Replies: 4
Views: 939
Posted By Attorney Jaffe
While these posts answer your question about what...

While these posts answer your question about what DMCA means (digital millienium copyright act); I suspect what you really wanted to know about was the DMCA safe harbor.

Under the DMCA, there is a...
Forum: Internet Legal Issues 09-05-2012, 12:52 PM
Replies: 6
Views: 2,011
Posted By Attorney Jaffe
Fair Use has been around for centuries and has a...

Fair Use has been around for centuries and has a 4 part test that must be met before relying on that defense to copyright infringement.

Below is an excerpt from the U.S. copyright law explaining...
Forum: Internet Legal Issues 06-25-2012, 01:02 PM
Replies: 1
Views: 1,016
Posted By Attorney Jaffe
Business Formation Issues

Here is my take on forming a Company for your e-commerce business:

NOTE: If it were not obvious yet, the author of this report feels that the LLC is the best option for new ventures and budding...
Forum: Internet Legal Issues 06-18-2012, 01:55 PM
Replies: 4
Views: 1,112
Posted By Attorney Jaffe
I went to the site and they did not have a...

I went to the site and they did not have a privacy policy or TOS or other postings I would expect from a legitimate site.

I did a whois look up and found they were using domains by proxy, another...
Forum: Internet Legal Issues 06-12-2012, 11:49 AM
Replies: 5
Views: 1,233
Posted By Attorney Jaffe
Under copyright law, there is a concept known as...

Under copyright law, there is a concept known as copying "the look and feel" of another's work.

While the other company can complain, "look and feel" is like pornography, the courts cannot define...
Forum: Internet Legal Issues 06-12-2012, 11:47 AM
Replies: 1
Views: 911
Posted By Attorney Jaffe
The 2nd Circuit did not change the safe harbor. ...

The 2nd Circuit did not change the safe harbor. It was always and still is the perfect protection from copyright violations by your posters in which the host is unaware of the violations. The issue...
Forum: Internet Legal Issues 06-12-2012, 11:39 AM
Replies: 12
Views: 1,916
Posted By Attorney Jaffe
I suggest you be aggressive and send the DMCA...

I suggest you be aggressive and send the DMCA notice to the web host and Google.
Forum: Internet Legal Issues 05-30-2012, 03:06 PM
Replies: 3
Views: 1,258
Posted By Attorney Jaffe
The infringer would be liable to the copyright...

The infringer would be liable to the copyright holder. However, the copyright holder would need to show damages - which is the sticking point in any law suit. However, if the copyright holder has a...
Forum: Internet Legal Issues 05-30-2012, 09:12 AM
Replies: 3
Views: 1,258
Posted By Attorney Jaffe
I am not so sure that GoDaddy's DMCA policy is...

I am not so sure that GoDaddy's DMCA policy is lawful. While I usually tell my clients not to waste their money with law suits, if a (rich) client wanted to go after GoDaddy with facts like these, I...
Forum: Internet Legal Issues 05-29-2012, 11:02 AM
Replies: 3
Views: 980
Posted By Attorney Jaffe
I am by no means a constitutional scholar, but I...

I am by no means a constitutional scholar, but I do not think a bill this broad would stand up to a 1st amendment challenge.
Forum: Internet Legal Issues 05-21-2012, 12:04 PM
Replies: 0
Views: 908
Posted By Attorney Jaffe
Court won't reduce student's music download fine

Supreme Court won’t reduce student’s music download fine (http://www.firstamendmentcenter.org/supremecourt-wont-reduce-students-music-download-fine)
Forum: Internet Legal Issues 05-04-2012, 01:47 PM
Replies: 3
Views: 997
Posted By Attorney Jaffe
The DMCA notice and its answers etc. are required...

The DMCA notice and its answers etc. are required by an act of congress. I do not believe a company can charge for this service.
Forum: Internet Legal Issues 05-01-2012, 01:19 PM
Replies: 1
Views: 740
Posted By Attorney Jaffe
You say you have known the guy for years. My...

You say you have known the guy for years. My suggestion would be to 1st contact him and try to work out a solution that works for both of you.
Forum: Internet Legal Issues 03-28-2012, 11:39 AM
Replies: 6
Views: 1,251
Posted By Attorney Jaffe
In both copyright law and trademark law there is...

In both copyright law and trademark law there is a concept called "fair use" which applies to sites which use another's intellectual property for the purpose of commentary, criticism, news reporting,...
Forum: Internet Legal Issues 03-27-2012, 08:14 AM
Replies: 0
Views: 705
Posted By Attorney Jaffe
FTC Issues Final Commission Report on Protecting Consumer Privacy

Agency Calls on Companies to Adopt Best Privacy Practices

The Federal Trade Commission, the nation's chief privacy policy and enforcement agency, issued a final report setting forth best practices...
Forum: Internet Legal Issues 03-23-2012, 01:37 PM
Replies: 40
Views: 3,876
Posted By Attorney Jaffe
Facebook warns employers not to demand passwords

http://finance.yahoo.com/news/facebook-warns-employers-not-demand-141726467.html

NEW YORK (AP) -- Facebook is warning employers not to demand the passwords of job applicants, saying that it's an...
Forum: Internet Legal Issues 02-29-2012, 10:32 AM
Replies: 4
Views: 1,333
Posted By Attorney Jaffe
Contributory infringers provide the materials 2nd...

Contributory infringers provide the materials 2nd parties need to infringe upon a 3rd party and they are just as guilty as the infringing party.

I had a case a few years ago where the motion...
Forum: Internet Legal Issues 02-27-2012, 01:53 PM
Replies: 2
Views: 1,033
Posted By Attorney Jaffe
White House Releases Consumer Online "Privacy Bill of Rights"

Usually snakeair would have posted this already. Must be on vacation:

The Obama Administration today unveiled a report entitled Consumer Data Privacy in a Networked World: A Framework for...
Forum: Internet Legal Issues 02-27-2012, 01:40 PM
Replies: 3
Views: 1,158
Posted By Attorney Jaffe
Maybe yes, and maybe no. In the U.S. you...

Maybe yes, and maybe no.

In the U.S. you have a right to use the copyright and trademarks of others in a review site. This is known as "fair use."

However, Fair use is an affirmative defense...
Showing results 1 to 25 of 76

 
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