April 18, 2008 | New Jersey Law Journal
E-Speech Becoming Semi-free SpeechAnalysis of recent court cases, Congressional actions in regulating speech on the Web
By Jonathan Bick
7 minute read
May 25, 2007 | New Jersey Law Journal
Coordinating Traditional and Internet SalesThe successful implementation of a MAP agreement among Internet and traditional merchants selling a particular item will results in all channels advertising the same item at identical prices.
By Jonathan Bick
7 minute read
October 18, 2004 | New Jersey Law Journal
Is Your Client a Spammer?To avoid litigation related costs, spammers must take care to operate within the law. The good new is that compliance with spam laws is fairly simple.
By Jonathan Bick
6 minute read
November 07, 2007 | Legaltech News
Calculating Hidden VoIP CostsVoIP providers offer telephone services for about $25 per month -- far less than most traditional phone plans. But user privacy may be a hidden cost. Traditional phone service is sheltered by existing case law and statute, while VoIP is arguably unprotected in many instances.
By Jonathan Bick
6 minute read
May 03, 2011 | Legaltech News
Prosecuting Internet Bad Acts Using Nuisance LawWhen cases of internet bad acts are brought to court, the prosecution tends to be unsuccessful, as evidenced by the cases associated with internet-related obscenity. Rather than pursuing traditional criminal or civil actions, which are based on a specific act, attorney Jonathan Bick argues for the use of injunctions to curb bad acts that amount to nuisances.
By Jonathan Bick
7 minute read
April 11, 2005 | New Jersey Law Journal
Spammers Should Know Their SourceA spammer should always research chain of title when acquiring target data. It will provide a spammer with the overall framework of a defense in the event he or she is charged with intentionally or negligently buying stolen intellectual property or violating the CAN-SPAM Act.
By Jonathan Bick
6 minute read
May 06, 2002 | New Jersey Law Journal
Avoid the Hyper-Liability of HyperlinksCompanies that maintain Web sites must be vigilant to scrutinize the substance of the sites, including content accessible via Internet links from the company`s site to a third-party site. If not, the potentially deceptive nature of hyperlinks can lead to direct and derivative liability arising from actively using hyperlinks and from passively allowing others to hyperlink to an existing Web site.
By Jonathan Bick
13 minute read
November 06, 2007 | Law.com
How Safe Are E-Telephone Calls?Internet telephony or Voice over Internet Protocol (VoIP) refers to voice traffic carried over Internet Protocol (IP)-based broadband Internet networks. VoIP providers proffer telephone services for about $25 per month, which is appreciably less than traditional phone plan. A concealed cost of VoIP service may be the user's privacy. Traditional telephone privacy is strictly sheltered by existing case law and statute, while VoIP is arguably unprotected in many instances.
By Jonathan Bick
6 minute read
July 23, 2008 | Law.com
Unconscionable Terms Prevent Enforceability of e-Commerce Contract Clausese-Commerce, like traditional commerce, relies on contracts. But unlike traditional commerce, e-commerce typically relies utterly on agreements drafted and presented by one party on a "take-it-or-leave-it" basis. The validity of such contracts arises from the recipient?s "adherence" to the terms given. These so-called adhesion contracts are enforceable, except to the extent that a court finds a term unconscionable.
By Jonathan Bick
11 minute read
April 17, 2006 | Law.com
Lawful Use of Internet KeywordsInternet search engines allow advertisers to sponsor keyword-related searches. Even if the keyword use of a trademark is contractually authorized, it is unlawful if the use could confuse consumers. There are few guidelines on the application of traditional sourcing rules to the use of trademarks for invisible expression, such as domain names or keywords, but many cases have been initiated. The implications are significant -- where the courts strike the balance will impact the future of Internet marketing.
By Jonathan Bick
7 minute read