Monthly Archives: March 2011

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Work-for-hire and the startup:  are startups treated differently from mature companies when they try to protect their IP? Does it depend on the form of entity…???

The Ninth Circuit in JustMed v. Byce found that a startup founder's former brother-in-law and part-time code developer was indeed an employee when he wrote the code -- and the code was therefore indeed a work for hire. This meant the company owned the code and the disgruntled former brother-in-law did not have any independent ownership rights in it.  This [...]

By |March 1st, 2011|0 Comments

So zip codes are protectible personally identifiable information? 

The California Supreme Court surprised a lot of us when it just recently found that retailers who ask customers for their zip codes are violating California's Song-Beverly Credit Card Act of 1971, which prohibits a merchant from requiring a consumer to provide "personal identification information" as a condition of accepting payment by credit card.  The [...]

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Cyberterrorism, online trademark fights, biogenetics and the law, IGF reports, smart meters and unanticipated legal issues, and more…

With the ABA cyberspace law commitee, I organized a conference in Austin, focusing on new and developing cyberlaw issues.  Highlights included new lessons in cyberterrorism prevention, recent cases dealing with the copyright work-for-hire doctrine and start-up tech companies, new strategies in dealing with domain name conflicts and anonymous online infringers, and new ways of thinking about privacy rights [...]

By |March 1st, 2011|0 Comments