 | Internet Law - Can Expedited Discovery be Applied to Obtain Information from ISPs? | | | Martha L. Arias, IBLS Director Thursday, May 08, 2008
| | | U.S. Federal Rule of Civil Procedure ("Fed. R. Civ. P.") 26(d) and (f) requires parties to a lawsuit to confer before any discovery can be conducted. Yet under precedent decisions, some previous to the enactment of Fed. R. Civ. P. 26, U.S. courts may conduct expedited discovery upon a showing of good cause. Can this expedited discovery be applied to obtain information from Internet Service Providers? Arista Records LLC. v. Does 1-4, (M.D. Ga. Feb. 25, 2008) addressed the issue of expedited discovery to obtain information from Internet Service Providers ("ISP") in a P2P copyright infringement. Following, you may find an answer to the above question.
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|  | Internet Law - NY Libel Terrorism Protection Act 2008 | | | IBLS Editor Wednesday, May 07, 2008
| | | A new law has been enacted by the New York Congress and signed into law by Governor Paterson designed to protect American journalists and authors from foreign lawsuits that disregard First Amendment rights. New York State enacted the "Libel Terrorism Protection Act" (S.6687/A.9652), on March 31, passed by the state's Assembly and Senate unanimously. Upon signing the Bill, Governor Paterson said, "New Yorkers must be able to speak out on issues of public concern without living in fear that they will be sued outside the United States, under legal standards inconsistent with our First Amendment rights. This legislation will help ensure of the freedoms enjoyed by New York authors." The new law has important implications for Internet publications and the laws of Defamation. The bill was sponsored by Assemblyman Rory Lancman (D-Queens) and Senate Deputy Majority Leader Dean G. Skelos (R-Rockville Centre).
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|  | Internet Law - Beijing Puts First-Ever Piracy Criminal in Jail | | | Kelly O'Connell, IBLS Editor Wednesday, May 07, 2008
| | | After promising for years to start cracking down on rampant piracy, a Chinese court has now handed down a one-year jail sentence to a Beijing man for selling fake DVDs. This marks the first time a person in the Capital has been convicted and sentenced to prison for the crime of theft of intellectual piracy, according to the Chinese Xinhua news agency. The pirate is Zhou Cheng, 40, who was also fined 10,000 yuan ($1,430) for selling illegally-mastered DVDs at a store in Beijing's Chaoyang district where authorities found 10,000 illegally copied discs. China is the world's biggest source of pirated goods.
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|  | Internet Law - Online LLM in Tax, Specialization in E-Commerce Law, from Thomas Jefferson School of Law | | | IBLS Jerry McGlothlin, jmcglothlin@ibls.com, Phone: 1.949 756 0906. Sunday, May 04, 2008
| | | Internet Business Law Services (IBLS) www.IBLS.com has established Graduate Fellowships for E-Commerce law specialization in Masters in Law in International Tax and Financial Services offered by Thomas Jefferson School of Law http://llmprogram.tjsl.edu/
Started in 1998, the LLM Program remains the first and only one to offer graduate law degrees through an entirely online course of study at an American Bar Association (ABA) accredited law school.
The student body adds an interdisciplinary element to the educational experience. Although individuals with law degrees make up roughly half of the student body, the other half is drawn from the fields of accounting, finance, economics and other business disciplines. The result is an educational environment that permits the students to learn as much from each other as they do from the professors.
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INTERNET LAW - DOING E-BUSINESS IN THE BRITISH VIRGIN ISLANDS The British Virgin Islands (“BVI”) are an English-speaking Dependent Territory of the United Kingdom, located in the Caribbean off Puerto Rico. The BVI have developed the reputation of a perfect private offshore international financial center, and the Government is now trying to make e-business a third pillar in its economy. [More...]INTERNET LAW - E-MAIL SURVEILLANCE As the communication via e-mail increased in the recent years enormously, the relevance of searching data processing systems increased as well. Prosecuting authorities observe the server of the provider of the accused with regard to suspicious e-mail communication. The classic criminal procedure provisions are only rudimentarily adjusted to these new realities. [More...]INTERNET LAW - UNFAIR TERMS UNDER UK LAW The Director of the Office of Fair Trading will ensure that the terms under a valid contract are fair and reasonable and are made in good faith. Consumers must be adequately informed of their obligations in contracts and therefore the contract should be written in plain English. [More...]INTERNET LAW - THE USE OF PAYMENT CARD SYSTEMS The use of payment card systems has been used more often in the marketplace of electronic commerce. However, with the use of credit cards across the Internet medium, there exists the potential for fraud and security issues. The chances of identity fraud, tampering, impersonation and interception of credit card numbers have become increased. The development of secure communication protocols and secure payment protocols have been increased. [More...]
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The Latest News from Around the World |
INTERNATIONAL: Interoperability Between Domestic and International ACH Systems The International Payments Framework Group (IPF) has announced the decision to go forward with the next phase of this project. Phase II will improve the cross-border payments process through operating rules that will enable interoperability between domestic and international ACH systems. [More...]UNITED STATES: FTC Halts Illegal Spam Operation; Adult Site Violated CAN-SPAM Act The Federal Trade Commission and Department of Justice have halted the illegal conduct of an adult Web site that sent spam with false or misleading header information, that failed to include an opt-out mechanism, and that failed to include a valid postal address, all in violation of federal law. A final court order will bar violations of the CAN-SPAM Act in the future, require the defendants to establish an effective monitoring program for their affiliates, and impose a $75,000 civil penalty.
[More...]SOUTH AFRICA: Why is it necessary for the South African Copyright Act to be amended? The South African Copyright Act No. 98 of 1978 has been amended from time to time since 1978, but Section 13 Regulations which include provisions for libraries and education, have not been amended to date.
The Act and its Regulations are outdated and they do not address the digital environment, nor do they take advantage of appropriate limitations and exceptions ("legal flexibilities”) allowed in international intellectual property agreements.
[More...]CHINA: China Questions Anti-dumping Measures China said Mexico continued to impose anti-dumping measures on a large number of Chinese goods under a provision of China''s Protocol of Accession that had lapsed in December 2007. It urged Mexico to take positive and proactive steps to put these measures back on the normal track, adding that it would be seeking a mutually acceptable solution through bilateral consultations. Mexico said it would continue bilateral consultations with China on this matter to achieve a mutually acceptable solution.
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