Exploding technological advances made
possible by the Internet are transforming the way in which
we do business and the speed with which responses are required.
The application of traditional legal principles to this
changed business world often results in complex problems
that require understanding of the digital environment as
well as legal acumen. Our attorneys welcome these challenges
and have been at the forefront of addressing these issues
in policy, legislative and litigation contexts.
- Representing a software company in its fight to establish
that consumers may decrypt scrambled content on a lawfully-acquired
DVD in order to repair or make a personal backup copy of
that DVD, and that it may lawfully distribute software designed
to enable that activity. The firm defended
the company in federal court against claims brought by two
major motion picture studios under the "anti-trafficking"
provisions of the Digital Millenium Copyright Act. We previously
submitted public comments and prepared the founder of the
company to testify in the Copyright Office's second triennial
"Section 1201" rulemaking proceeding for the consideration
of exemptions to the Digital Millenium Copyright Act's prohibition
on circumvention of technological measures that control
access to copyrighted works.
- Developing, in conjunction with another law firm, the strategy
that successfully defended a client's delivery of Internet
"pop-up" ads as part of its innovative contextual marketing
program. Since novel issues necessitate novel approaches,
part of the litigation plan consisted of identifying and
working with a Harvard Business School professor to develop
expert testimony on how "pop-up" ads benefit consumers and
enhance competition in the marketplace. We also retained
a nationally-recognized survey expert to identify flaws
in plaintiff's survey evidence. When the U.S. District Court
for the Eastern District of Virginia ruled in favor of our
client, the judge's opinion adopted much of the reasoning
of our brief.
- Drafting an online privacy policy for a nonprofit film organization
and advising the organization on how to comply with the
Children's Online Privacy Protection Act (COPPA).
- Advising library associations on the impact of potential
anti-terrorism legislation on their policies protecting
the privacy of computer users in the libraries.
- Submitting amicus briefs to the United States Supreme
Court
and to the Courts of Appeal for the Second and Eleventh Circuits
on behalf of library and educational associations
in cases involving novel issues concerning the right of
freelance authors and photographers to control the electronic
republication of their works. New York Times v. Tasini,
533 U.S. 483 (2001); Greenberg v. National Geographic Society, 244 F.3d 1267 ( 11 th Cir. 2001) ; Faulkner v. National Geographic Enters., Inc., 409 F.3d 26 (2d. Cir. 2005); and Greenberg v. National Geographic , No. 05-16964-JJ (11 th Cir. filed June 6, 2006).
- Challenging the U.S. Patent and Trademark Office's registration
of the word "Internet" for ATM services.
- Managing a creative and successful settlement of an infringement
of The Home Shopping Network's domain name, hsn.com.
- Auditing client websites to assure effective protection of intellectual
property and compliance with Digital Millennium Copyright Act rules.
- Negotiating music licensing agreements for internationally-distributed cable channels.
- Protecting the interests of a variety of clients in domain name disputes.
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