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Full-Text Articles in Law
The Internet Opens Its Doors For .Biz-Ness, Corey Ciocchetti
The Internet Opens Its Doors For .Biz-Ness, Corey Ciocchetti
Duke Law & Technology Review
Starting on October 1, 2001, .BIZ will become active as the Internet's newest top-level domain; its space reserved solely for businesses engaging in "bona fide" commercial activities. This space has the potential to reinvigorate, at least partly, the immense economic potential of the Internet by stimulating a multitude of e-commerce transactions so common only a few years ago. This iBreif explores the history of how and why this new top-level domain came into being. Following this history lies a discussion of the current .BIZ registration process as well as an analysis of the corresponding Intellectual Property Claims system.
Are Domain Names Property? The Sex.Com Controversy, Christine Soares
Are Domain Names Property? The Sex.Com Controversy, Christine Soares
Duke Law & Technology Review
Do domain names constitute tangible property? Since domain names may be purchased or transferred, the answer at first glance would appear to be "yes". Congress has also dictated that domain names corresponding closely to existing trademarks may be considered tangible property under certain circumstances. However, a recent case involving the lurid and lucrative domain name "sex.com" has determined otherwise. This iBrief examines the impact of characterizing domain names as tangible or intangible property on the causes of action available for domain name litigation.
Monitoring Employee E-Mail: Efficient Workplaces Vs. Employee Privacy, Corey A. Ciocchetti
Monitoring Employee E-Mail: Efficient Workplaces Vs. Employee Privacy, Corey A. Ciocchetti
Duke Law & Technology Review
Employer monitoring of electronic mail constitutes an emerging area of the law that is clearly unsettled at this point in time. This iBrief demonstrates that the privacy rights of non public-sector employees are relatively unprotected by the federal and state constitutions, broad judicial interpretations of enacted privacy legislation favor legitimate employer-monitoring practices, and many of the elements of common law claims are difficult for employees to prove.
The Complexities Of On-Line Mutual Fund Advertising: A Summary Of The Relevant Regulations, Corey Ciocchetti
The Complexities Of On-Line Mutual Fund Advertising: A Summary Of The Relevant Regulations, Corey Ciocchetti
Duke Law & Technology Review
As the investment marketplace advances with current technology, paper-based advertising has quickly been supplemented by on-line advertising. Interestingly, both the Securities Exchange Commission and the National Association of Securities Dealers are treating this new medium similarly to the old-fashioned paper-based medium. This iBrief discusses and summarizes the current regulations surrounding one emerging form of on-line advertising - that of mutual funds. This discussion is intended to form a solid foundation from which an interested party may delve further into this emerging area of e-commerce.
Software Disclosure And Liability Under The Securities Acts, Carl C. Carl
Software Disclosure And Liability Under The Securities Acts, Carl C. Carl
Duke Law & Technology Review
Can a software company be liable under the securities laws when it sells securities without disclosing that it will not give free updates on current software as new technology makes them obsolete? What exactly must be disclosed and how does one say it without subjecting the company's business practices to close scrutiny? The Eleventh Circuit recently applied the time-honored standard of meaningful cautionary language to software companies in finding that the disclosures of a software company were enough to avoid liability under the securities laws when the company provided meaningful cautionary language in their prospectus.
Ftc Vs. Toysmart, Daniel Bronski, Conway Chen, Matthew Rosenthal, Robert Pluscec
Ftc Vs. Toysmart, Daniel Bronski, Conway Chen, Matthew Rosenthal, Robert Pluscec
Duke Law & Technology Review
Last summer, Toysmart agreed to a settlement with the Federal Trade Commission concerning use of its customer information database. Under the terms of the settlement, the defunct Internet toy retailer was permitted to sell customer information without either providing its former customers notice or giving them an opportunity to block the sale or use of their personal information. This issue ignited a privacy-rights maelstrom, but ended anti-climatically for Toysmart; in January, Buena Vista Internet Group, a Disney subsidiary and 60% majority shareholder of Toysmart, agreed to compensate the company's creditors $50,000 for the privilege of destroying the database. U.S. Bankruptcy …
Are Online Business Transactions Executed By Electronic Signatures Legally Binding?, Carl Carl, Corey Ciocchetti, Wes Barton, Nathan Christensen
Are Online Business Transactions Executed By Electronic Signatures Legally Binding?, Carl Carl, Corey Ciocchetti, Wes Barton, Nathan Christensen
Duke Law & Technology Review
Most of us believe that we make contracts over the Internet all the time. We buy books and computers, arrange for hotels and planes, trade stocks, and apply for mortgages. But as recently as seven months ago that transaction was most likely not legally binding. This uncertainty led many practitioners, businesspeople, and consumers to question the efficacy of contracts executed by electronic signatures. Without a uniform standard, many jurisdictions ruled inconsistently, while other jurisdictions did not consider the issue. This disparate treatment threatened the legitimacy of online agreements and deprived both consumers and businesses of the certainty and predictability expected …