Baidu -Chinese Search Engine Now Offers Legal Music Downloads

China's dominant search engine Baidu announced a new licensing that will permit legal downloads and streaming music to millions of Chinese users . A recent NY Times report described the new deal that will change China's image for providing illegal downloads: The agreement between Baidu...

Apple Stores in China Counterfeit!

As a retailer Apple appears to be second to no one, but since imitation is the sincerest form of flattery is it any wonder that a blogger visiting China recently discovered more than one counterfeit "Apple Store " selling Apple products and employees of the counterfeit "Apple Store"...

Apple Loses Trademark Claim on "App Store" to Amazon

Apple did not prove that App Store was famous and not descriptive, therefore Apple failed to establish a likelihood of success at trial. On July 6, 2011 US District Judge Phyllis Hamilton denied Apple's request to enjoin Amazon from using "App Store " as she ruled that it was unlikely...

GUEST BLOG: Firm Can Sue for Email Barrage, Sixth Circuit Holds

GUEST BLOG FROM BARRY BARNETT Barry Barnett has been a Guest Blogger in the past, his Blawgletter provides great thoughts, and insights. I read his blogs regularly. Over the years Barry and I have had a number of cases together and he is an outstanding lawyer. Barry is a partner at Susman Godfrey...

eBay Waging War Against an Internet Sales Taxes

Apparently eBay wants to spread the word that it opposes an Internet sales tax. I wrote my eCommerce Times Legal Column recently about Internet sales taxes entitled " Sales Taxes on the Internet: Is This the Year We'll Pay?" I suspect that as a result of my Column, eBay's PR firm...

Apple More Valuable than Exxon Mobil!

A NY Times stock market report for August 8, 2011 highlighed the fact that Apple's stock was the most valuable company in the world ahead of Exxon Mobil, but by the close of the day Exxon Mobil was still number one. Many stock analysts "expect Apple and Exxon Mobil to continue jockeying...

UK News - Use of Facebook Earn 4 Year Jail Terms

Within 10 days of the riots in the UK a judge sentenced two young men, 20 and 22, to 4 years in jail for using Facebook. Without question Social Media has transformed communications and impacted the UK riots, but one might wonder if the courts may have acted too swiftly. Here's what the Guardian...

Court Protects Cloud Music Lockers

Copyright protection extends to cloud music lockers based on a new federal court ruling. US District Judge William H. Pauley III in New York granted judgments in favor of MP3tunes and Michael Robertson on August 22, 2011 under the Digital Millennium Copyright Act (DMCA) since MP3tunes complied with...

65% of All Adults Use Social Media

Only 5% of all adults used Social Media in 2005 when Pew Research first asked, and as of August 2011 Pew now reports more than 65% of all adults use Social Media . To be more precise about what going on with online adults here's the daily breakdown from another Pew report : 92% use search...

Did you Notice? LinkedIn Revised its User Agreement

LinkedIn boasts +120 million members who all agree to be bound to their User Agreement, but few LinkedIn members noticed that on June 16, 2011 the LinkedIn User Agreement changed. LinkedIn's new User Agreement is not radically different from previous versions. However since the LinkedIn User...

Google Buys Zagat - New Source of Data and Spread for Social Media!

Google paid an estimated $100-200 million to expand its reach by purchasing Zagat Survey that potentially increases Google's Social Media power. Pew Research recently report that 92% of adults on the Internet use search engines every day , so couple that information with Google's "estimates...

Copyright Troll Righthaven Near Bankruptcy

After filing more than 275 copyright infringement lawsuits , it now turns out that Righthaven was not the owner of the copyrights asserted in the lawsuit, and as a result is now on the verge of bankruptcy. The copyright infringement claims were made for reposting pictures and stories previously published...

Protect Your Business - Update your Terms of Service (TOS) & Click Agreements

All Social Media and Internet businesses rely on TOS and Click Agreements to protect their legal rights, but few businesses take the time to make sure that the TOS and Click Agreements actually protect their business operations. I welcome you to read my eCommerce Times column entitled "Your...

Protect Your Trademark from .xxx

Trademark owners must act to avoid adult brands creating .xxx domains and can take advantage of the sunrise phase from September 7 through October 28, 2011. I welcome you to read the Gardere Intellectual Property Alert entitled " Prevent the XXX Industry from Using Your Trademark "...

eDiscovery Tool May Help HP Create a New Search Engine to Compete with Google & Bing

New Scientist reports that HP may use the Autonomy pattern-recognition eDiscovery tool to develop a new search engine which would work in tandem with HP's text-based search. The report includes this example : ...the ability to point your phone at an image and having it return web links,...

FCC $8 Billion Plan to Expand Broadband

The FCC plans to spend $8 billion to expand broadband service to more than 18 million citizens in rural America who lack high speed Internet access. In a speech, Julius Genachowski (FCC chairman) called access to broadband "a necessity": "Broadband has gone from being a luxury...

Cloud Computing - Ancient Technology Solution with a New Name

Use of remote computers has been around since at least 1964, but the current marketing buzz called Cloud Computing might make you think there's something new. However Cloud Computing is merely the newest label for the 1964 remote computing service called "Time-Sharing" at Dartmouth...

GUEST BLOG: New SEC disclosure guidance about cyber security risks

GUEST BLOG FROM JIM BRASHEAR I welcome Jim Brashear as a Guest Blogger with his blog concerning cyber security risks. Jim is Vice President, General Counsel and Corporate Secretary of Nasdaq-traded Zix Corporation , the market leader in email encryption services. He frequently appears as a public...

China and Russia Accused of Internet Spying on US Companies

US intelligence agencies just reported to Congress that China and Russia have national policies to steal technology from US companies over the Internet. The Congressional report was compiled by the Office of the National Counterintelligence Executive which included this alarming information: Many...

Cloud - New Buzzword, Old Legal Issues

Many readers agreed with my recent blog that the Cloud is a new label for old technology - "think connecting to a mainframe over telephone lines," and I encourage you to read my November eCommerce Times column about some important Cloud computing legal issues . More Cloud History ...

Only 80% of US teens on Social Media

Pew's recent report came as no surprise that 95% of teens (12-17) are on the Internet . But why are only 80% using Social Media? Amazingly 55% of online teens "have decided not to post something online because they were concerned that it might reflect badly on them in the future."...

Google Co-Founder Gives $500,000 to Wikimedia Foundation

Since the Wikimedia Foundation (home of Wikipedia) is a not-for-profit , it survives by annual fundraisers. Google co-founder Sergey Brin and his wife Anne Wojcicki (23andMe co-founder) used their Brin Wojcicki Foundation to grant $500,000 to the Wikimedia Foundation. The Wikimedia Foundation kicked...

How to Improve Search Results on Google

Pew Research recently reported that 92% of adults use search engines daily and ComScore recently reported that 65.6% of all US searches are conducted on Google . So I thought I would pass along Hack College's recommendations about how to " Get More Out of Google ." Here are some search...

Internet Politics - Senate Filibuster Blocks Cybersecurity Bill

By Peter S. Vogel At time when cybersecurity is headline news around the world, partisan politics in the U.S. Senate got in the way of new a cybersecurity bill which was different than a bill passed in the U.S. House last April. The New York Times reported that the most vocal opponent of the new cybersecurity...

Peter S. Vogel: Cloud Data Storage - How Safe?

By Peter S. Vogel Daily news headlines regularly report lax, or no, security for cloud data. In the past few weeks two very high profile businesses reported cloud breaches - Apple's iCloud and Dropbox. It is no coincidence that my August column for eCommerce Times is entitled " The Cloud...