Technology & The Law In the New Information Age
The law related to technology- sometimes referred to as intellectual property - is an extremely complex and wide body of law. Disputes concerning technology law or intellectual property law are among the most complex cases presented in the courts due in significant part to the “moving target” aspect of the law.
In this information age, the courts are flooded with a number of technology created issues. Law makers, courts, businesses, and consumers are finding it increasingly difficult to keep pace with novel issues brought by new and rapidly evolving technologies. Because innovation has expanded so rapidly over the last decade, courts seem to be addressing both novel and new issues presented as cases of first impression.
The legislative process is moving much slower than technology, leaving many technology-based issues to be decided in the courtroom. Variance in application of law between federal and state law and even between federal circuits – makes legal determinations uncertain. Additionally, courts often attempt to apply older established legal principals to new technology-based disputes, only later encounter additional, unanticipated legal issues and problems. As such, an up-to-the-minute understanding of technology is necessary for success in any type of technology-based litigation.
The Internet, new digital mediums and formats, encryption and decryption technologies, digital copying and editing technologies, online music services, and developments such as peer-to-peer file sharing, have raised a number of high profile cases dealing with copyright law, fair use, contributory infringement, privacy issues, and consumer rights. Napster, KaZaA, Grokster, Gnutella, and MP3 have become common terms inside and outside the courthouse.
The Internet and the World Wide Web have also created a whole new set of issues involving trademark laws. Trademark issues involving domain disputes and cyber squatting have become commonly litigated subjects. Patent law is also evolving with the emergence of new technologies. Software patents, “mask work” copyrights and patents (protecting microchip designs), and online "e-business" method patents are all relatively new developments and are still the subject of hot debate.
New technology and the Internet have also created complex contractual and licensing issues. Businesses and individuals must anticipate new emerging technologies and mediums in their development and licensing agreements.
Tech or IP Dispute?
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Technology Law: Areas of Practice
Internet Law & Technology Litigation
The Internet has ushered in a new information age, allowing people across the globe to connect with one another and conveniently access and share information. The Internet however has raised numerous intellectual property issues such as trademark infringement, cybersquatting, online piracy, and copyright infringement. Additionally, Internet practices such as hacking, identity theft, spamming, information data mining and collection,, and online defamatory statements has raised serious criminal and constitutional issues involving free speech and privacy rights Amendment rights. more about Internet law and litigation
Copyright Law and Litigation in the Digital Era
Encryption and decryption technologies, advanced digital copying and editing technologies, reverse engineering, and the Internet, have facilitated the copying, modification, and distribution of copyrighted digital and non-digital works. In addition to infringement concerns, new mediums and multimedia technologies have created a host of other copyright issues involving licensing, authorship, work for hire, and compilation copyright issues. more about copyright law and litigation
Trademark Law & IP Litigation
Trademark and tradename disputes have become more common with the advent of the Internet. Businesses and individuals may become engaged in trademark enforcement and litigation involving claims of infringement, dilution, misappropriation, false advertising, counterfeiting, right of publicity, unfair competition, domain name infringement and other Internet disputes. more about Trademark law and litigation
Entertainment Law & Media Litigation
Entertainment litigation involves a number of sub specialties within the intellectual property arena. While “Entertainment” litigation is not one specialized field of law, it draws upon the laws concerning intellectual property, contract and tort, with increasing attention attention and value to technology and intellectual property rights.
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New Media Disputes & Litigation
Since the advent of the information age, the courts have been flooded with legal dispute and issues involving new and emerging technologies. New technologies, multimedia formats and mediums, such as DVDs and online digital streaming, have greatly expanded the scope of intellectual property law. and created a number of novel issues related to copyright, contract, and licensing law.
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Patent Law & Technology Litigation
Patent law is also evolving with the emergence of new technologies. Software patents, “mask work” copyrights and patents (protecting microchip designs), and online "e-business" method patents are all relatively new developments and are still the subject of hot debate. New technologies and the Internet have also created complex contractual and patent licensing issues.
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Unfair Competition in the Digital Age
The law of unfair competition is a large, diverse body of law that provides businesses and consumers protection against unfair or deceptive business practices. Unfair competition includes trademark infringement or dilution, false advertising, fraud, trade secret theft, and misappropriation. New technology. media, the Internet, and e-commerce have created a variety of new unfair and deceptive practices.
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