Category Archives: High Technology Law
The Cinderella of Intellectual Property
Law regarding trade secrets has long been seen as the ugly step-sister of intellectual property. Patents, trademarks, and copyrights have traditionally been held to be federal concerns, while trade secrets have been seen as principally protected by state laws. Now, two senators want to allow the trade secret Cinderella into federal court by introducing a […]
Don’t Let Your Company Be a Software Theft Ring
Would you encourage your employees take a five-fingered discount from the office supply store? Probably not. Would you cheat a hard-working employee by not paying her? Of course not. However, in the press of the Great Recession, software piracy is still prevalent, and lax controls on software may be jeopardizing your company. When buying new […]
Bit Torrent File Sharing Lawsuits
You have received a notice from your Internet Service Provider, or “ISP,” indicating that you have been sued as a “Doe” in a bit torrent file sharing lawsuit. What now? Now you need to make some choices about how you want to handle this. But first, some information. What does this even mean? This means […]
New Tech, Old Parasites
Twits using your business’s name could destroy your company’s reputation before you even know about it. Twitter does have an anti-squatting policy, but every business should participate in the Twitter land rush by claiming its own name. Besides being a potential marketing device, claiming your business’s name prevents it from being claimed by someone else. It’s free and took me less than 30 seconds to do.
Privacy? You Don’t Got No Stinkin’ Privacy!
When someone subpoenas subscriber information from an internet service provider, does the subscriber have an expectation of privacy? In California, at least, the answer seems to be: No. In People v. Stirpo, (Second District Court of Appeal, May 16, 2011), the defendant challenged the search warrant to the internet service provider (“ISP”) that sought information […]
What It Means to Be Your Consigliere
Contrary to popular perception, “consiglieres” date from times long before the 20th century. The term derives from the Latin “consiliarius” – a counselor. Every leader needs an advisor skilled in what the law requires – and what the law allows. Let’s start off with a few provisos. Bay Oak Law is a “classical” consigliere. It […]
Secure Your Routers! Redux
Without giving away too many details, we have been contacted by potential clients whose internet protocol information is being sought because it has been connected with illegal downloads of movies. However, these people only owned the wireless routers that were used to receive the movie; they did not download the movie themselves. Someone else downloaded […]
Get It In Writing
When I discuss contracts with Business of Media students at Ex’Pression College for the Digital Arts , I give them four words of wisdom that I hope will outlast their memories of me. I tell them I want them to whisper these four words, like Charles Foster Kane whispering, “Rosebud,” on their deathbed. If my […]
Investing in a Little Law
A big worry for stockbrokers about 15 years ago was the rise of the day trader, people who would trade stocks on their own account, paying a minimal charge for each trade. Stockbrokers feared this would be a disaster, but it proved to be a boon. Day traders, focused only on the next trade, were […]
The Right Fit
by: Andrew K. Jacobson © 2003, Bay Oak Law In recent years, new business owners have had several entities to choose from, depending on the needs of the business and the owners. The two most important factors in deciding the right business entity are limited liability and the tax treatment. Limited Liability. “Limited liability” is […]
