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Monday, February 10, 2003 |
Special Report: Intellectual Property
New York Law Journal
The New York Law Journal takes a look at the High Court's rejection of a major 7th Circuit decision challenging Brulotte and two Federal Circuit decisions that expand upon the Panduit four-factor test for proving lost profits. Other topics include bioinformatics -- one of the hottest and fastest growing "new" technology areas -- the perils of data collection, resolving domain name disputes and protecting often overlooked business methods of intellectual property.
http://www6.law.com/lawcom/display_id.cfm?statename=NY&docnum=179831&table=news&flag=full
4:25:03 PM
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What's a product and what's software don't have rigid boundaries. What is a program is simply what the marketing people say it is. These are highly flexible concepts, and the law has a great deal of difficulty working with fluid categories. That's what keeps tax lawyers in business. It's what is transforming litigators into DMCA litigators. These uses can't have been what Congress was thinking of when it passed the DMCA.
http://www.zdnet.com/anchordesk/stories/story/0,10738,2910015,00.html
4:16:51 PM
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Charities Law: Guidance for Practitioners and Fiduciaries
New York Law Journal
Herbert H. Lehman College Foundation, Inc. v. Ricardo R. Fernandez is a recent brief but important Appellate Division, First Department decision dealing with the runaway not-for-profit corporation board. The issue was whether or not amendments to the foundation's by-laws were inconsistent with provisions of its certificate of incorporation, which gave the college control of the foundation's board.
http://www6.law.com/lawcom/display_id.cfm?statename=NY&docnum=181353&table=news&flag=full
3:37:26 PM
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Please let this important initiative know if you get a cease and desist letter, especially one that is based on copyright infringement.
http://www.chillingeffects.org/
3:10:58 PM
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© Copyright 2003 Noel D. Humphreys.
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