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In a notable ruling last month, a California district court ruled that the HTML underlying a custom search results page of an online advertising creation platform is copyrightable.In Media.net Advertising FZ-LLC v. Netseer Inc., No. 14-3883, 2016 U.S. Dist. LEXIS 3784 (N.D. Cal. Jan. 12, 2016), the plaintiff, an online contextual-advertising service provider, brought copyright infringement claims against a competitor for allegedly copying the HTML from a custom-created search results page, for the purpose of creating its own custom online advertising offering.  Plaintiff argued that its copyright claim is supported by the guidance published in the revised edition of the Compendium of U.S. Copyright Office Practices (Third Edition) (Dec. 2014) (“Compendium”).The Compendium states that while a website’s layout or look and feel is not copyrightable subject matter, its HTML may be copyrightable.  [Note: As discussed in a prior post, the look and … [Read more...] about Website HTML Is Copyrightable, Even If Look and Feel Is Not

These days the smallest and most exclusive piece of real estate in Washington, D.C., is the sliver of common ground that exists between congressional Democrats and Republicans. But during a January hearing before the U.S. House of Representatives Judiciary Committee on the scope of copyright protection laws, Democrats and Republicans were in broad agreement on an issue that was seemingly settled long ago: No one can own the law.But technology and a growing privatization of the law-making process have stirred up the debate once again. Huge amounts of formerly stored-in-print material—including laws, court and administrative rulings, and regulations from governments, standards bodies and myriad other organizations—are now digitized, which means printing costs and access issues should be minimal. Many of these documents are legally enforceable; some are standards that are legally binding; and others provide information that would normally be publicly available, though in the … [Read more...] about Who owns the law? Technology reignites the war over just how public documents should be

Alternative Dispute Resolution or ADR includes processes that are out of court proceedings, wherein the parties decide the course of dispute resolution once a conflict occurs. The burden of the courts have increased due to pendency of court cases and suits this has resulted in ADR gaining paramount significance in almost every jurisdiction. ADR is generally classified into five types: negotiation, mediation, collaborative law, arbitration and conciliation. Considering the practicalities in the court of law many judges pass cases to Lok Adalat, where a retired judge sits neutral party and facilitates conversation between the parties.The word ‘juvenile’ originates in ‘juvenis’ a Latin term meaning young. Juvenile justice is the legal system that aspires to protect all children, bringing within its ambit the children in need of protection, besides those in conflict with law. However, in the present times concept id often used  along and interchangeably … [Read more...] about Integration Of Mediation In Cases Involving Young Offenders

Final regulations provide detail on the format, content, and delivery standards group health plan sponsors and insurers must follow when issuing this information.As they prepare for open enrollment this fall, group health plan sponsors and insurers have a lot of work to do to make sure they are in compliance with the final Summary of Benefits and Coverage (SBC) rules. The much-anticipated final regulations, which were recently issued by the Departments of Treasury, Labor, and Health and Human Services, are effective for open enrollment periods beginning on or after September 23, 2012.This LawFlash highlights some of the key changes in the final regulations. Read our discussion of the proposed regulations in our August 26, 2011 LawFlash, "New Summary of Benefits and Coverage Required for Health Plans in 2012." What Must Be in the SBC?The SBC is intended to provide clear and consistent information that will enable employers and participants to compare and understand the costs and … [Read more...] about Summaries of Benefits and Coverage Due This Fall

A Guide to UETA, Electronic Signatures and UCITAThe Federal government enacted a digital signature law earlier this year. The law and proposed state laws related to digital signatures and e-commerce will alter how contracts are formed and interpreted. Many businesses in Colorado are including references to these beneficial concepts in their contracts now.1. E-Sign. The Electronic Signatures in Global and National Commerce Acts (E-Sign) is a federal digital signature law that goes into effect October 1, 2000. Like UETA, E-Sign recognizes the validity of signatures, contracts, or other records in electronic form. E-Sign specifically does not preempt UETA. However, it does preempt other "inconsistent" state laws. A primary motivation underlying the development of E-Sign was concern that state digital legislation was becoming a barrier to electronic commerce because of differing state requirements. Since UETA is more comprehensive than E-Sign, states may enact UETA. Colorado's Governor … [Read more...] about Summary of Digital Legislation Affecting Colorado