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Articles 121 - 127 of 127
Full-Text Articles in Internet Law
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.
Digital Television: Has The Revolution Stalled?, Aaron Futch, Yemi Giwa, Kisa Mlela, Amy Richardson, Yelena Simonyuk
Digital Television: Has The Revolution Stalled?, Aaron Futch, Yemi Giwa, Kisa Mlela, Amy Richardson, Yelena Simonyuk
Duke Law & Technology Review
When digital television technology first hit the scene it garnered great excitement, with its promise of movie theater picture and sound on a fraction of the bandwidth of analog. A plan was implemented to transition from the current analog broadcasting system to a digital system effective December 23, 2006. As we reach the half point of this plan, the furor begins to die as the realities of the difficult change sink in.
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 …
An Interview With Michael Froomkin, Kathleen E. Fuller
An Interview With Michael Froomkin, Kathleen E. Fuller
Duke Law & Technology Review
A. Michael Froomkin is an Administrative Law and Internet Law scholar from the University of Miami School of Law and a vigorous critic of the Internet Corporation for Assigned Names and Numbers (ICANN). He is the author of a controversial new law review article, Wrong Turn in Cyberspace: Using ICANN to Route Around the APA and the Constitution, 50 DUKE L.J. 17 (Oct. 2000), available at http://www.law.duke.edu/journals/dlj/. In his new article, Professor Froomkin argues that ICANN's relationship with the Department of Commerce is illegal. We interviewed Professor Froomkin via e-mail about his new article and about other recent ICANN-related events, …
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 …
Offshore Offerings By Foreign Entities: How Far Will The Sec Reach To Regulate?, Melvina Carrick, Matthew Crane, Jennifer Hu
Offshore Offerings By Foreign Entities: How Far Will The Sec Reach To Regulate?, Melvina Carrick, Matthew Crane, Jennifer Hu
Duke Law & Technology Review
Many countries' regulatory regimes, including that of the United States, traditionally require registration of all investment services offers or securities sales to their citizens. Many have claimed that the Internet will make such financial regulation obsolete. With the advent of the new technology, regulatory bodies across the globe have been forced to redefine what constitutes an offer to purchase securities within their borders. They have come up with a variety of models for regulating cross-border capital flows. Even countries with similar legal traditions such as Britain, the US, and Australia have taken different approaches.
Icann: The Debate Over Governing The Internet, Kathleen E. Fuller
Icann: The Debate Over Governing The Internet, Kathleen E. Fuller
Duke Law & Technology Review
Since its creation, the Internet Corporation for Assigned Names and Numbers (ICANN) has been the subject of criticism and controversy. ICANN is a private non-profit corporation that operates under contract with the US Department of Commerce. It was created at the request of the government for the purpose of privatizing the Domain Name System (DNS), the addressing system on which the Internet depends. The creation of ICANN in 1998--what some have called cyberspace's own "constitutional moment" -- represented a substantial shift in power to control the Internet from government to private industry. Today, ICANN is facing a virtual revolt. Domain …