Online Law

Dave Wieneke on the Benefits of Email Personalization

November 2nd 2008

When is email definitely not spam? When it’s relevant and people really want it. Email service provider ExactTarget quotes me in their corporate blog today on the benefits of creating highly personalized email communications. Along with the “use benefits” I quantified for them, I’d also offer that personalizing communications often shifts the editorial voice to […]

UK Police to Get Mobile Fingerprint Scanners

November 1st 2008

I can hear it now in Britain: “Fingers? Fingers? Where are your fingers?” Within the next 18 months, every police officer in the UK will be equipped with portable fingerprint scanners, and will be able to carry out identity checks at the drop of a bobby’s helmet. The official (and implausible, given past history) claim […]

Is Leaving Negative Feedback on eBay Libelous?

October 29th 2008

Can you be sued for leaving negative seller feedback on eBay? Chris Read, a 42-year-old mechanic from the UK, purchased a mobile phone on eBay for £155 (about $246). When it arrived, he discovered it was not the model that was advertised and that it was not in very good condition. Read followed standard eBay […]

Useful Arts Co-Founds “Ask the President Elect”; You Can Too

October 27th 2008

Eight years ago we saw online campaigning emerge. This year the current presidential election established the interactive channel as the decisive element in fundraising, organizing and getting the word out. Now, candidates and supporters appear ready to transform online political networks into an ongoing dialog that will be as integral to governing as it has […]

Tiffany v. eBay Webinar – You’re Invited!

September 17th 2008

This is your invitation to attend a free webinar on the recent Tiffany v. eBay ruling and its impact on brands of all sizes, and those of us who support and promote them. (Since this event has already happened, please follow this link to listen and view the recorded event in its entirety, or hear […]

Stub Hub Wins “Safe Harbor” Dismissal in Scalping Case

September 16th 2008

I’ve previously blogged here about the economics of scalping, and my belief that anti-scalping laws prevent beneficial markets. So, I’m glad to see Stub Hub win a case which sets a precident for it to receive protection as an online service. In January a class action law suit was brought against Stub Hub and its owner […]

DHS Learns Not to Build Cases on Wikipedia; They’re Not Admissable.

September 10th 2008

Google may give Wikipedia lots of authority, but don’t count on that to help in the 8th Circuit Court of Appeals.  An immigration case appealed there hinged on the authority of a personal identification document, for which the feds used evidence from Wikipedia to determine that it did not meet its standards. Unfortunately for DHS, using […]

Chinese Police Steal Microsoft’s Logo

September 9th 2008

China’s noseless censor-mascots are back, and this time they’ve confiscated Microsoft’s Internet Explorer logo in their quest to intimidate Chinese net users. It’s being used on the very front page of the Xiamen Cyberpolice’s site. Can you imagine what their request for permission to use this iconic logo might sound like? “We’d like to take […]

Patent Failure: How The Patent System Fails Innovators

September 8th 2008

There are lots of signs that the patent system needs reform. Have you noticed that some IP lawyers are now filing their own patents, and forming shell companies which exist only to generate lawsuits? Many writers have alarming stories about why IP law reform is needed. However, here is an eminently readable macro-analysis of issues […]

Yahoo’s Yodel Becomes India’s First Soundmark

September 7th 2008

Wylie Gustafson’s famous Yahoo yodel has been named the first soundmark in India. India defines a trademark as “a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person to those of others.” Yahoo used musical notation in its application to represent its famous “Yahoo” yodel. […]