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Nov30
Impact of Digital Millennium Copyright Act Exemptions

The following is not meant to be legal advice.

 

The effects of the Digital Millennium Copyright Act (DMCA) exemptions will likely be felt only in the specific industries they were intended to reach because of their narrow scope.

 

The Register of Copyrights defined exemptions in terms of specific types of use and specific groups of circumventers. If this trend continues, there will be particular temporary exemptions that benefit specific actors and industries. 

 

The exemptions are likely to influence the design and adoption of access controls over the next three years.  In the context of access controls on CDs, for instance, protection measure vendors and content owners should ensure that controls do not introduce security threats onto the computers of consumers. There is potential liability and negative publicity brought on by the discovery of such threats.  The public will have latitude in removing or disabling these controls.

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Nov30
Digital Millennium Copyright Act New Exemptions
The following is not meant to be legal advice.  The Librarian of Congress approved under the Digital Millennium Copyright Act (DMCA) a new exemption that addresses the difficulty faced by film studies professors in excerpting films distributed on DVD.  ... Continue Reading
Digital Millennium Copyright Act Renewed Exemptions
The following is not meant to be legal advice.  In Digital Millennium Copyright Act (DMCA) rulemaking in 2000, the Librarian of Congress approved an exemption for computer programs protected by dongles that are obsolete and prevent access due to malfunction... Continue Reading
Nov29
NASDAQ National Market Name Change
In reading SEC filings, many may notice the name change of the NASDAQ National Market. Effective July 1, 2006, the NASDAQ National Market has bifurcated into two tiers - the NASDAQ Global Market and NASDAQ Global Select Market. A name... Continue Reading
Digital Millennium Copyright Act
The following is not meant to be legal advice.  The Digital Millennium Copyright Act (DMCA), enacted in 1998, prohibits the act of circumventing technological measures that effectively control access to copyrighted works. The prohibitions are qualified by statutory exceptions.  ... Continue Reading
Exemptions from DMCA Anti-Circumvention Provision
The following is not meant to be legal advice.  Effective November 27, 2006, the Librarian of Congress announced the adoption of six exemptions to the Digital Millennium Copyright Act's ("DMCA") anti-circumvention provision.  The exemptions will apply for the next three... Continue Reading
Nov28
Barrett v. Rosenthal
In Barrett v. Rosenthal, the California Supreme Court concluded that the 1996 Communications Decency Act (Act) insulates Internet providers and web sites against lawsuits for the defamatory statements of others.... Continue Reading
Nov27
Corporate Governance
Mark Leahy, of Fenwick & West, facilitated an event on corporate governance issues on November 17, 2006. Other speakers at the event were: Rich Brenner, CEO, The Brenner Group, Leinani Nakamura, Partner, Mohler Nixon, Tom Sa, Executive Vice President and... Continue Reading
Nov26
Model Notice under the Pension Protection Act of 2006
The following is not meant to be legal advice, and is provided for information purposes. The Pension Protection Act of 2006 (PPA) directs the Treasury Department to provide a model notice of a written notice to inform participants of their... Continue Reading
Nov25
Pension Protection Act of 2006 Update Part III
The following is not meant to be legal advice and is provided only for information. Though the Pension Protection Act of 2006 (PPA) permits a phased-in approach with respect to employer contributions, this approach may be difficult for plan sponsors... Continue Reading
Nov24
Proposition F Part VII
The following is not meant to be legal advice, and is provided only for information purposes. On November 7, 2006, San Francisco voters approved Proposition F, the Paid Sick Leave Ordinance. The San Francisco Administrative Code will be amended to... Continue Reading
Nov23
Pension Protection Act of 2006 Update Part II
The following is not meant to be legal advice and is provided only for information. Under the Pension Protection Act of 2006 (PPA), employer stock investments funded through employer contributions (for instance, matching or profit-sharing contributions), plan sponsors must offer... Continue Reading
Nov22
Pension Protection Act of 2006 Update Part I
The following is not meant to be legal advice and is provided only for information. The Pension Protection Act of 2006 (PPA) provides participants the legal right to diversify employer stock investments based on whether such investments come from employee... Continue Reading
401(k) Employer Stock Diversification Rules
The following is not meant to be legal advice, and is provided for information only. A common practice of many plan sponsors prior to the Pension Protection Act of 2006 (PPA) was to require participants to remain invested in employer... Continue Reading
Proposition F Part VI
The following is not meant to be legal advice, and is provided only for information purposes. The San Francisco Administrative Code will be amended to include a new paid sick leave provision (“Chapter 12W”). Chapter 12W allows for administrative as... Continue Reading
Valuing Software Source Code
The following is not meant to be legal advice, and provided only for information purposes. Is there a premium that a software company can put on the pricing when it delivers source versus object code? There is unlikely any premium... Continue Reading
Nov21
Greg Brill
Greg Brill who will be speaking at the Cornell University campus in November 2006, gives advice on game start ups that are beginning to bubble up around the Cornell campus. A Gamasutra article about Brill, although written in the context... Continue Reading
Nov19
Proposition F Part V
The following is not meant to be legal advice, and is provided only for information purposes. The San Francisco Administrative Code will be amended to include a new paid sick leave provision (“Chapter 12W”).... Continue Reading
Google Alerts
Attorneys seeking to monitor litigation on a certain subject such as any patent lawsuits to determine whether to enter into licensing negotiations with a patent holder, might consider Google Alerts as an alternative to engaging a law firm, or subscribing... Continue Reading
Nov18
Immigration Update
In September 2006, Congress agreed to spend $1.2 billion on border fences and vehicle barriers along the Mexican border as part of the Department of Homeland Security spending plan. On September 29, 2006, Congress enacted the Security Fence Act (HR... Continue Reading
Law Blogs
Unlike technology and political professions, few attorneys have gone mainstream in the blogosphere, but there are a few popular ones that are not anonymous.  Many attorney blogs are careful not to mention any confidential information.  Most attorneys blog for self expression... Continue Reading
Nov17
Mohna Ansari
On November 8, 2006, The Asia Foundation hosted a Portraits of Leadership to honor women involved in promoting social, economic, and political rights and opportunities in Asian nations. The Asia Foundation invested in Asia by providing scholarships for advanced studies... Continue Reading
Proposition F Part IV
The following is not meant to be legal advice, and is provided only for information purposes. The San Francisco Administrative Code will be amended to include a new paid sick leave provision (“Chapter 12W”). Chapter 12W limits an employer’s discretion... Continue Reading
Nov16
Proposition F Part III
The following is not meant to be legal advice, and is provided only for information purposes. Beginning February 5, 2007, the San Francisco Administrative Code will be amended to include a new paid sick leave provision (“Chapter 12W”). Under Chapter... Continue Reading
Nov15
The Patent Prospector
One place to go for news on patents such as recent mailings by Acacia Technologies Group on patent infringements may be The Patent Prospector. The Patent Prospector provides practical information, opinion on the life cycle of patents. Categories include: Claim... Continue Reading
Proposition F Part II
  The following is not meant to be legal advice, and is provided only for information purposes. On November 7, 2006, San Francisco voters approved Proposition F, the Paid Sick Leave Ordinance. Under Proposition F, all covered employees must... Continue Reading
Proposition F Part I
The following is not meant to be legal advice, and is provided only for information purposes. On November 7, 2006, San Francisco voters approved Proposition F, the Paid Sick Leave Ordinance. Beginning February 5, 2007, the San Francisco Administrative Code... Continue Reading
Nov14
Celebrity Likeness
The following is not meant to be legal advice. The California Court of Appeal ruled in Kirby v. Sega of America, Inc., No. B183820 (Cal. Ct. App. Sept. 25, 2006), on September 25, 2006, that the First Amendment provides a... Continue Reading
Nov12
Intimate Details on the Google, Inc. - YouTube Deal
Disclaimer on how accurate the account was, but it was interesting to read blogmaverick’s posting on the Google – YouTube deal. Blogmaverick apparently received permission from a source to repost an anonymous posting from a veteran in the digital media... Continue Reading
Nov 9
Equity Compensation Accounting Issues
The following is not meant to be legal or financial advice. On October 13, 2006, Ginny Coles presented to attorneys in Redwood City, CA on equity compensation issues. Equity compensation is affected by FAS 123R and IRS 409A. FAS 123R... Continue Reading
Nov 8
GAAP
The following is not meant to be legal or financial advice, and is provided for information purposes only. On October 13, 2006, Professor Solomon N. Darwin of UC Berkeley, gave a lecture to attorneys on Generally Accepted Accounting Principles (GAAP).... Continue Reading
Nov 7
Computer Professional Exemption
The following is not meant to be legal advice. For employees to be eligible for the computer professional exemption in California, their job duties must be intellectual or creative, require the exercise of discretion and independent judgment. The exemption does... Continue Reading
Nov 6
Warner Chilcott Part II
The following is not meant to be legal advice. The Warner Chilcott settlement in October 2006 which did not include Barr Pharmaceuticals was approved by a federal district court judge in Washington, D.C. The settlement with Warner Chilcott includes injunctive... Continue Reading
Inconvenient Truth
On November 3, 2006, Inconvenient Truth was shown at the University of California to a packed audience of medical, legal, and business professionals in San Francisco, CA. In the movie, former Vice President Al Gore discusses the affects of pollution... Continue Reading
Revenue Recognition Part II
The following is not meant to be legal or financial advice. On October 13, 2006, Andrew Cotton presented to attorneys in Redwood City, CA on financial literacy. Topics included revenue recognition, accruals for litigation and other loss contingencies, equity compensation.... Continue Reading
Nov 5
Revenue Recognition Part I
The following is not meant to be legal or financial advice. On October 13, 2006, Andrew Cotton presented to attorneys in Redwood City, CA on financial literacy. Topics included revenue recognition, accruals for litigation and other loss contingencies, equity compensation.... Continue Reading
Social Security
The Social Security Administration (SSA) announced on October 23, 2006 that the 2007 social security wage base will be $97,500, an increase of $3,300 from the 2006 wage base of $94,200. As in prior years, there is no limit to... Continue Reading
Nov 4
SEC Enforcement
The following is not meant to be legal or financial advice. On October 13, 2006, Marc Fagel from the Securities and Exchange Commission (SEC) gave a presentation to attorneys in Redwood City, CA on the SEC Enforcement Division. The SEC... Continue Reading
Nov 3
Consumer Electronics Retailing
On November 2, 2006, the Computer History Museum in Mountain View, CA hosted a Crucial Crossroads: Technology X Retailing event where consumer electronics industry leaders discussed the evolution of technology for every man. A representative from CompUSA discussed the history... Continue Reading
Valuing Litigation Exposure
The following is not meant to legal or financial advice. On October 13, 2006, Bruce Deal, Managing Principal of Analysis Group, presented to attorneys in Redwood City, CA on valuing risk. Valuing litigation risk is important to manage litigation budgets,... Continue Reading
YouTube Copyright Troubles
The following is not meant to be legal advice. When Google bought YouTube, did it buy copyright troubles? Slate’s Tim Wu wrote that YouTube appears to enjoy "safe harbor", unlike Grokster and Napster. In 1997, the Online Copyright Liability Limitation... Continue Reading
Nov 2
Warner Chilcott Part I
In October 2006, the Federal Trade Commission (FTC) entered into a settlement with Warner Chilcott to resolve a court challenge by the FTC in November 2005 to an agreement whereby Warner Chilcott paid Barr Pharmaceuticals $20 million to delay for... Continue Reading
Sarbanes-Oxley Act of 2002 Compliance
The following is not meant to be legal or financial advice. On October 13, 2006, Deloitte & Touche LLP, gave a presentation to attorneys in Redwood City, CA on the Sarbanes-Oxley Act of 2002. The speaker indicated that if a... Continue Reading
Elimination of Tariff Rates in India
The following is not meant to be legal advice. The Insurance Regulatory & Development Authority (IRDA) of India announced that fire, engineering and motor insurance, which make up over 50% of the India insurance market, will move from a tariff... Continue Reading
California Solicitations
Some documents have been circulating appear to be official forms or communications from the California Secretary of State but, in fact, are not. These documents have titles such as "Annual Minutes Compliance Notice," “Annual Minutes Disclosure Statement,” and "Directors, Shareholders... Continue Reading
Nov 1
istumbler
Alf Watt, of istumbler, spoke in San Francisco, CA on November 1, 2006. Attorneys who use the Mac might be interested in istumbler, a series of wireless discovery tools, and software for the Mac, that allows the attorney to check... Continue Reading
Anthony Shadid
On November 1, 2006, Anthony Shadid, author of Night Draws Near:  Iraq's People in the Shadow of America's War, gave a talk in San Francisco, CA of his trips to Iraq from 1998, 2002, 2003, and 2006.  Shadid, a reporter... Continue Reading
Guba
On November 1, 2006, a representative of Guba LLC spoke in San Francisco, CA on how it differentiates itself from its competitors like Google video, and YouTube, now acquired by Google, Inc. in the battle with studios on copyright issues. Guba,... Continue Reading
Valuation Metrics
The following is not meant to be legal or financial advice. On October 13, 2006, Mark Vershal of Scale Advisors, LLC presented to attorneys in Redwood City, CA on valuation methods. Valuations come into play when a company seeks a... Continue Reading
Private Company Buy Directors & Officers Insurance
The following is not meant to be legal advice. Should a private company purchase directors and officers (D & O) liability insurance? The advantages of D & O liability insurance include protecting the personal assets of the directors and officers... Continue Reading

« October 2006 | Main | December 2006 »

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