Aaron Kelly Intellectual Property Law Blog

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Internet sweepstakes companies may be in real trouble. A recent law has
been passed in North Carolina that bans video sweepstakes machines. The
ban came into effect the first week of December. A great number of
outlets around the state are already closed as a result.



Critics claim that these so called Internet sweepstakes games are
really casino styled games. These gambling parlors are not all giving up
and accepting the ban that went... Read More

Operation in Our Sites v. 2.0

Some people shop with websites
dealing in intellectual property like films and TV shows for months only
to find one day a message at the domain name in lieu of the normal
website:

"This domain name has been seized by ICE - Homeland
Security Investigations, pursuant to a seizure warrant issued by a
United States District Court under the authority of 18 U.S.C. ss. 981
and 2323."

No, this isn't... Read More

The Digital Millennium Copyright Act was enacted in order to
create safe harbor provisions for Internet content providers who
register their contact information, against copyright infringement
claims. The law allows people who allege digital copyright infringement
of their works to send a notice, under penalty of perjury, to the party
providing the content, alleging copyright infringement and requesting
that the material cease being provided for... Read More

How to protect your business against internet defamation

The Internet is, as the cliché goes, "a marketplace of ideas."
Whether a person has an opinion on politics, commerce, or even the show
they saw on TV last night, there is always a forum to spread their
opinion on, and that opinion will be available worldwide.

But the
ability to instantly spread information worldwide is of a neutral
benefit. It is a tool-as good or... Read More

5 important examples in Terms of Services

Terms of Service: Why they are importan

Hosting
a business website without preparing a well-written Terms of Service
(ToS) statement is equivalent to keeping an inner-city apartment door
unlocked. It's an unwise decision that can cost business owners a
tremendous deal of money, time, and even the hair on their scalps.
Anytime an individual offers advice,... Read More

ISP Liability for Internet Defamation

Defamation is a serious problem on the Internet. For the same
reason that the Web has become a great tool for research and mass
dissemination of information, it has also become a tool for those who
would seek to defame others.

Some of the chief problems of
websites as a tool for spreading information are that they often allow
for users to post content anonymously and, because of their often... Read More

Terms of Service: Why are they important to have on your website?

Terms
of service, also called acceptable use policies, are the Internet
equivalent of the fine print, the document that dictates the conditions
that apply in order for an individual to use a website or a network.



When was the last time you read the terms of service for any of the
websites or networks you join? Perhaps that question... Read More

Domain Name Registering and Domain Name Squatting

Domain Name Registration - Deceptive Practices and Remedies

Suppose
you have an inside lock on the world's best widgets. Not now, but at
some point in the indeterminate future, you intend to create an Internet
ecommerce site from which you'll sell them.



So you choose a domain name, say "widgetworld.com" You find a registrar Read More

Penny Auctions: The Legalities and Realities

Penny
auction sites are popping up everywhere on the Internet, like mushrooms
after a storm. You've seen their ubiquitous banner ads, perhaps without
knowing what they are: 95% off Apple iPad 64GB! 46 inch flatscreen LED HDTV for less than a hundred dollars! Why pay full price for a SONY Playstation?



The basis of their appeal from the bidders' point of... Read More