Month: November 2013


Defenseless in the Zombie Infested Internet: Why Audio-Visual Works Demand Exemption Under the Digital Millennium Copyright Act

Eric Maher In the aftermath of Napster and Pirate Bay’s shameless disregard for copyrights, DRM strategies are necessary to protect the incentives that encourage artists and programmers to create and publicly display their works. Yet the security risks associated with DRM levy a high cost on the public, on whose patronage the content creators depend. By restricting research and investigation into security risks in popular public technologies, U.S. copyright law, particularly under the anti-circumvention provisions of the Digital Millennium Copyright Act (“DMCA”), removed necessary safeguards for the public. The large influx of new consumer electronics demands exemption from the anti-circumvention...

Intellectual Property Indemnity Clauses

Thomas Hemnes, M.S. The practices associated with intellectual property indemnity can be traced in part to Article 2 of the Uniform Commercial Code. At the dawn of the computer age, practitioners searched for legal models that they could use for transactions in intangible rights and products such as computer software. Although computer software did not fit easily into the “sale of goods” paradigm, analogies to the familiar rules governing sales of goods were inevitable. Lurking in the lower reaches of Article 2 of the UCC, one finds an implied warranty of non-infringement in Section 2-312(2): Unless otherwise agreed, a seller...
2013Technology Law

Keep an I on the Sky: E-Discovery Risks Forecasted for Apple’s iCloud

Daniel Carmeli Some things have not changed since the fire of March 14, 1873. The competing interests of clients seeking convenient storage on one side against providers seeking protection from liability on the other continue to pervade the legal landscape. Naturally, some things have changed, such as the items being stored, the nature of the storage facilities, the associated risks, and the rules governing preservation obligations. Physical property has been replaced with electronically stored information (“ESI”) and warehouses now take the form of remote data servers. And in addition to longstanding conventional risks, such as accidental fire, companies now face...