Browsewrap Botch - How to ensure that your online terms are not enforceable

Even the big boys can mess up. Barnes & Noble sold some HP tablets from its online store and then cancelled the order. The customer sued. The outcome of the case hinged on the enforceability of Barnes & Noble’s Terms of Use [...]

By William S. Galkin, Esq. | December 08, 2014
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Categories: General

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Disaster and Contingency Plans for SaaS Applications: A Legal Perspective

Going to a Software-as-a-Service (SaaS) model has plenty of advantages for both customers and vendors, but also comes with many risks not associated with the traditional software licensing model. The risks and potential solutions [...]

By William S. Galkin, Esq. | February 13, 2014
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Categories: General

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Social Networks and Privacy: Learning from Facebook’s Mistakes

Observers of Internet trends often pronounce that privacy is a fiction and that it is futile to try to reclaim it. Whether that perspective is correct or not does not matter when faced with a Complaint issued by the Federal Trade [...]

By William S. Galkin, Esq. | December 18, 2011
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Categories: General

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Reebok Pays $25 Million For Deception

FTC Action

By William S. Galkin, Esq. | November 26, 2011
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Categories: General

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Amazon Mysteriously Postpones Offensive Against California Sales Tax

On June 28, 2011, Governor Jerry Brown of California signed an amendment to the California tax code which would impose on large Internet retailers the obligation to collect sales tax (technically “use” tax – but for our purposes, [...]

By William S. Galkin, Esq. | September 21, 2011
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Media Industry Strikes Back at Online Infringement

It’s no secret that piracy of music and movies over the Internet is rampant and costs industry billions of dollars annually. Most people involved in this activity are not hardened criminals, and if asked, will probably admit that [...]

By William S. Galkin, Esq. | July 18, 2011
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End of the Dot Com?

On June 20, 2011, the Internet Corporation for Assigned Names and Numbers (ICANN), announced that it will begin to allow almost any term as a generic top-level domain name. For instance, banks could register “.bank”, law firms [...]

By William S. Galkin, Esq. | July 01, 2011
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Categories: General

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Violent Children’s Computer Games Protected by First Amendment

On June 27, 2011, the Supreme Court struck down a California statute that prohibited the sale of violent computer games to children as a violation of free speech under the First Amendment. The law would have imposed a fine of [...]

By William S. Galkin, Esq. | June 30, 2011
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YouTube Makes Videos Available Under Creative Commons License

On June 2, 2011, YouTube announced that it would make available certain videos that are licensed under the Creative Commons CC BY license. A work made available under the Creative Commons license basically allows others to freely [...]

By William S. Galkin, Esq. | June 07, 2011
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Categories: General

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Where can a defendant be sued for copyright Infringement?

The general rule is that a defendant needs to have minimum contacts with a state in order to be sued in the courts of that state. Minimum contacts might be satisfied by doing a sufficient amount of business in a particular state. [...]

By William S. Galkin, Esq. | May 31, 2011
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Categories: General

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