Recent Articles

Mobile Marketing Association Privacy Code of Conduct Released

Kraig Baker
August 01, 2008 00:36

The Mobile Marketing Association (MMA) released new global privacy guidelines earlier this week as part of their attempts to standardize mobile marketing a la the IAB.  The new privacy code includes guidelines on notice, choice and consent, customization and constraint, security,...

Another Scary Story About Doing Business Internationally

Kraig Baker
July 31, 2008 00:45

In the category of "My lawyer included this in the parade of horribles when detailing the risks, but I never took this possibility seriously,"  according to the WSJ, Italian prosecutors are preparing to file charges of defamation and violation of privacy -- both criminal charges...

The Importance of Credit and Attribution to Bloggers

Kraig Baker
July 31, 2008 00:18

Here's an interesting tempest in a teapot regarding Variety and Hollywood Reporter's alleged failure to properly credit bloggers for breaking news.  Normally, the discussion is the reverse, major news outlets are concerned about bloggers misuse or infringement of their news, such as when the...

Citizen Media Law Project's Online Guide to Media Law

Kraig Baker
July 30, 2008 17:35

The Berkman Center at Harvard announced that it has completed the Citizen Media Law Project's "Online Guide to Media Law."  The guide covers the risks associated with publishing online, including defamation and privacy law and is targeted for use by bloggers, website operators,...

OMG Aunt and Uncle Esq. Facebooked Me!!!!!

Kraig Baker
July 23, 2008 02:05

A recent study from found that somewhere between 50-60% of lawyers now belong to social networks.  I suspect that a higher percentage of lawyers are on LinkedIn than on Facebook or MySpace, but it shows the growing importance of this component as a marketing and referral tool.  I'm sure...

Paying for Parked Domains?

Kraig Baker
July 22, 2008 02:17

In the "I can't believe it took the plaintiffs' lawyers so long to file this case" department, Google was sued on Friday by disgruntled users of the company's AdWords advertising program, who argued that they could not distinguish between valid clicks and invalid clicks from “parked...

Is Mere Breach of a EULA Automatically Copyright Infringement

Kraig Baker
July 22, 2008 01:45

Blizzard Entertainment, the makers of World of Warcraft recently won a legal battle against MDY Industries, the makers of the "Glider" software that allows players of the game to automate the advancement of their World of Warcraft characters.  In other words, software that...

Simplifying European Music Issues

Kraig Baker
July 22, 2008 01:35

The European Commission has ordered 24 music societies across Europe (the European versions of ASCAP/BMI) to revise their agreements that bar music services from selling or broadcasting music across borders.   The groups have 120 days to make the changes, although the EU does not...

Fair Use in Japan

Kraig Baker
June 02, 2008 23:36

The Intellectual Property Strategy Headquarters, led by Prime Minister Fukuda has decided to revise Japanese copyright law so that it will have exceptions similar to the "fair use" defense in U.S. Copyright law.  Current Japanese copyright law only permits use of copyrighted...

The Love-Hate Relationship With the LOI

Kraig Baker
June 02, 2008 16:57

Nice Article from W. Carter Santos, a lawyer at Equifax on the risks of relying too heavily on using LOIs in outsourcing transactions, on Law.com today.   LOIs are always a big improvement over the e-mail string that gets forwarded to you that consitutes the "deal"...