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Intellectual Property Law

IBLS Internet Law Blog

Covers global Internet and E-Commerce.

Post Frequency: 5.8/day

Last Entry: March 03, 2010 at 19:08:00

Is holding the bettors money online gambling?

Posted on March 06, 2008
If someone were to make a web site in which users come come on and place bets against each other and the site would just hold their money, and disperse it to the winner, would it still fall under the catogory of illegal online gambling? Ryan

Internet Medical Records Project Not Protected by Federal Privacy Act

Posted on March 05, 2008
Google and Microsoft's idea of taking personal medical records and posting them in a special repository on the 'Net has garnered much interest. In fact, 70% of those polled would like their medical history available online, according to a survey by the Deloitte Center for Health Solutions, and a quarter would be willing to pay for such a service...

EU Demands Mobile Roaming Fees be Lowered

Posted on March 05, 2008
The European Union has informed mobile phone companies that they need to lower "roaming fees" for those customers traveling outside of their system by July 1 or face sanctions for non-compliance. EU Telecommunications Commissioner Viviane Reding said, "The EU cannot accept that mobile operators make up to 20 times more profit on roaming customers than on their domestic customers...

The Illegal Spamming Felony: Jurisdictional and Constitutional Questions

Posted on March 04, 2008
A recent decision from the Virginia Supreme Court affirmed the felony conviction of an illegal spammer under the Virginia criminal statute. The Virginia Supreme Court held that the Virginia antispamming statute does not violate defendant's free speech rights...

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Amendments to the .eu Alternative Dispute Resolution Rules

Posted on March 03, 2008
Alternative Dispute Resolution mechanisms have proved to be an efficient tool to solve domain name disputes in the European Union which is continuously updating these mechanisms. Currently, there is a proposed amendment to the .eu Alternative Dispute Resolution (?ADR?) rules and their supplemental regulations...

Wikileaks, a Whistle-blower Website, and its Winning- First Amendment Argument

Posted on March 03, 2008
The Wikileaks case exemplifies the legal proceedings of the information technology era. The case involves data protection laws in two continental regions (Europe and United States), American Freedom of Speech rights, bank secrecy rules, tax evasion, etc...

Do Non-European Merchants Have to Collect Value Added Taxes?

Posted on February 26, 2008
Taxation of online sales is one of the most complex and controversial issues regarding e-commerce because they entail intricate domestic or foreign tax rules. For instance, in the United States online merchants are obliged to collect sales or use taxes depending on the state their server or physical business is located...

Free Trade Agreements and their Relevance for E-commerce

Posted on February 26, 2008
E-commerce transactions involve both the domestic and international trade of goods and services. At the international level, e-commerce has definitely expanded trade for recognized businesses and those who otherwise could have never reached international markets like artisans and small family-owned businesses...

Internet vs. Freedom of Speech: Pakistan Blocks YouTube

Posted on February 25, 2008
YouTube, the most popular United States (?US?) video sharing website, was blocked by the Pakistani government for showing material considered offensive to the Islam. The Pakistani government ordered internet service providers to block YouTube website after an inter-ministerial committee considered that the video sharing website displayed ?blasphemous material,? including videos and documents...

Cyprus Trademark Law and Registration Process

Posted on February 24, 2008
Some offshore centres are currently the hosting jurisdiction of e-commerce businesses. For this reason, in addition to competent telecommunication infrastructure, proper tax regimes, established banking services, among others; adequate intellectual property laws like trademarks are essential for e-commerce businesses...

EU Law on Competition for Electronic Communication Networks and Services

Posted on February 24, 2008
Communications is one of the most regulated areas by any government. Taking this fact into consideration and knowing this could hinder the expansion of e-commerce among the Member States, the European Union (?EU?) implemented Commission Directive 2002/77/EC on September 16, 2002 (?E-communication Directive?)...

The Internet Creates Job Opportunities for Particular Members of Society

Posted on February 21, 2008
Social studies report that a small group of individuals have become Internet addicts and this addiction isolates them from family and society. Yet, internet addicts are a very small group of society and their addition may be linked to individual characteristics more than to the Internet itself...

What are the Laws for an Internet Business in Philippines?

Posted on February 21, 2008
What are the laws for having a new internet business in Philippines. Jennifer dela Cerna

Do you Have Reasonable Expectation of Privacy on Data Stored in your Laptop which is Connected to a Network?

Posted on February 20, 2008
As IBLS Editorial Department has reported in previous legal articles, there is no expectation of privacy on data stored by an employee in the company?s computers. Yet, a different question arises when a person stores data in his own laptop, which he uses at the place of employment, and that laptop is connected to a network...

How Does the European Union Treat Copyrights in the Information Society?

Posted on February 19, 2008
It is well known that the most of the European Union ("EU)" states are members of the World Intellectual Property Organization ("WIPO") and signatories of WIPO Copyright treaties. Hence, as an economic block with free transfer of people, goods, and services, the EU required uniform rules on copyrights in the information society ("IS') beyond those rules imposed by international law...

U.K Legislative Acts Establishing Website Requirements for U.K. Companies

Posted on February 18, 2008
The United Kingdom (?U.K.?) implemented regulations for U.K. businesses? websites under the Companies Act of 2006. The Act introduced a variety of rules for U.K. businesses whose implementation schedule extends until 2009. Hence, rules regarding websites entered into force in 2007 and complement the U...

Legalities of a Website

Posted on February 18, 2008
E-commerce not only provided the opportunity to establish virtual-only businesses but also created unlimited opportunities to expand trade for traditional brick-and-mortar businesses. But, just as traditional business entrepreneurs need to follow construction or city code rules to set their businesses; the e-commerce entrepreneur need to track website legalities to avoid liability...

How to Register Software Products in Colombia

Posted on February 17, 2008
It is advisable that software producers register their products before the intellectual property office of both their domestic countries and those foreign countries where they are introducing their copyright-protected works. Registration of software in domestic intellectual property office is usually free of charge but a specific process must be followed...

Are Online Businesses Subject to Corporate Income Tax in the United States?

Posted on February 13, 2008
Yes, online businesses may be subject to corporate taxes in the U.S. state where they have ?substantial nexus.? Although this answer seems simple, its practical application requires careful analysis of what legally constitutes ?substantial nexus.? A subsequent and also complex question would be what if an e-business has ?substantial nexus? in different states? As any tax concern, answering these questions requires the analysis of a competent tax attorney...

Are Publications of Undecided Professional Grievance Processes a Violation of Privacy?

Posted on February 12, 2008
Is there any statutory or case law relevant to this question? If an attorney has grievances filed and the grievance committee posts this to the search engines like Google and Yahoo,or a doctor has a malpractice claim reported to a medical board, and the governing authority posts this information to the internet, is this considered an invasion of privacy, defamatory, torious inteference with a business relationship, or unfair trade practice?

An Example of Interstate Cybercrime & Prosecution

Posted on February 12, 2008
Most cybercrimes tried in the United States have dealt with violation of purely federal statutory law; and therefore, they have been conducted in federal courts. Yet, a recent 2008 criminal case emerged as one of the first criminal case involving a typical state criminal case but because of the forum it was conducted- the Internet- it implicates Interstate commerce and federal law...

Liability of Service Providers under the European Directive on Electronic Commerce

Posted on February 12, 2008
Directive 2000/31/EC of the European Parliament and of the Council is the European Directive on Electronic Commerce (?the E-C Directive?). This Directive was issued on June 8th, 2000 with the objective of creating a ?legal framework to ensure the free movement of information society services between Member States...

Does the Server Location of an E-commerce Business Establish Jurisdiction?

Posted on February 12, 2008
I have incorporated a business in Nova Scotia Canada. The business is strictly and e-commerce business and has no building just a mailing address in Canada. My question is then... If I host by Canadian incorporated website on a server located in America (for example with GoDaddy) does this make the business American? Thanks

Public Access to Court Electronic Records- PACER

Posted on February 11, 2008
Public Access to Court Electronic Records- PACER The United States Judiciary implemented a program called ?Pacer? (?Public Access to Court Electronic Records?), to provide users with public access to case and docket information from Federal Appellate, District and Bankruptcy courts...

Microsoft-Yahoo: The Future of the Online Advertisement Market?

Posted on February 11, 2008
Yahoo's rejection to Microsoft"s offer is officially expected later today, Monday, February 11, 2008. Two weeks ago, Microsoft posted an unsolicited offer to purchase Yahoo for US$44.6 billion (about $31 per share); an offer many consider an attempt by Microsoft to compete with Google in the online advertisement market...

DIPLOMA IN E-COMMERCE LAW

Posted on February 05, 2008
-Commerce University ECUniversity.com is pleased to announce its new Diploma in E-Commerce Law scheduled to begin on April 7th 2008. Diploma in E-Commerce Law is developed and customized with the specific needs of online businesses. It delivers timely e-business law information indispensable to all professionals involved in e-commerce, from legal practitioners and advisors for multinational companies to business professionals seeking the latest information on global business strategy...

What are my obligations when taking payments over the Internet?

Posted on February 05, 2008
I am writing because I would like to find out what are the legal obligations regarding taking payment prior delivering the goods when the payment was made with American Express goods ordered over the internet from a UK company and delivering to Belgium...

IRS Warns of Tax Rebate Phishing Scam

Posted on February 05, 2008
The Internal Revenue Service is warning taxpayers that a clever new email and phone scam has been hatched to defraud those looking for the tax rebate that President Bush has been promoting as part of an emergency stimulus package to battle the recent U...

Former KGB Spy Founds Top IT Security Firm, Calls for Internet Supercops

Posted on February 05, 2008
Some know the name Kaspersky from the topnotch computer security technology put out by Kaspersky Labs that includes probably the most highly-rated free anti-spy program available. But the man with the clearly Russian name behind the venture is even more interesting than the technology his firm produces because of his shadowy background...

U.S. Trends on Attorney Internet Advertisment Rules

Posted on February 05, 2008
In the United States, attorneys are subject to their State Bar (attorneys? regulatory entity) advertising rules. United States (U.S.) attorneys are regulated by strict and detailed advertising rules that contrast with reduced advertising regulations imposed on attorneys in Civil Law Systems...

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