Samuel Lewis

June 13, 2005 | Law.com

A relatively recent phenomenon called blogging now gives just about anyone the ability to become a publisher with the power to circulate just about anything from random streams of consciousness to political editorials to industry-specific information, and more. Given the tremendous number of people writing blogs, it is no wonder that bloggers are starting to confront issues that routinely confront more traditional publishers, says attorney Sameul Lewis.

By Samuel Lewis

4 minute read

September 30, 2002 | National Law Journal

Just about everyone has heard the old comedy line "How can you tell when a politician is lying? His lips are moving." Well, in the modern age, how can you tell when a politician has nothing of value to say? He sends spam.

By Samuel Lewis

5 minute read

December 03, 2004 | Legaltech News

"Hurricane" has become a dirty word to Floridians, thanks to a string of devastating storms that battered the state this year. But such catastrophes raise an important issue that law firms must face: planning for disaster recovery. At minimum, an effective plan duplicates computing and networking systems. Incredibly, most firms don't have any plan. If catastrophe strikes, no plan means no business. No business means no money. No money could mean no law firm.

By Samuel Lewis

6 minute read

November 22, 2006 | Law.com

A major hurdle facing any copyright claim is the limitations that exist in copyright law itself, which only protects originality. A spate of recent copyright infringement actions involving big name hip hop and rap artists have started to illustrate the importance of originality. Feldman Gale's Samuel Lewis examines the issues, such as "sampling" -- the process of reproducing parts of existing musical works for use in new songs -- that have added a layer of complexity to copyright issues relating to music.

By Samuel Lewis

8 minute read

April 28, 2004 | Law.com

Spyware isn't going away anytime soon. The U.S. District Court for the Eastern District of Virginia ruled last September that pop-up advertising, although annoying, is not illegal. But the ruling runs contrary to other court decisions on this issue. Until the appellate courts agree, it seems that Internet users will have to mount an aggressive defense and install software to block pop-up advertisements and other spyware.

By Samuel Lewis

5 minute read

January 06, 2006 | Law.com

If disaster strikes, will your firm be prepared? In the aftermath of Hurricane Wilma, Miami businesses without formal disaster recovery plans said they�re now more likely to devise such plans. In some cases, businesses with disaster recovery plans are in the process of revising and refining them. Attorney Samuel Lewis of Miami's Feldman Gale shares tips that helped keep his firm up and running while municipal services were restored.

By Samuel Lewis

4 minute read

May 11, 2004 | Law.com

With the reality of the new CAN-SPAM Act not living up to dreams of spam-free in-boxes, many are already suggesting it may be time to can the act itself. Attorney Samuel Lewis sees a fundamental flaw in the limitation on who can enforce the act: Although the FTC, state attorneys general and ISPs have standing to seek remedies for spammers who violate the law, private individuals do not.

By Samuel Lewis

4 minute read

September 20, 2002 | Law.com

It was perhaps inevitable that spam would be transformed into a platform for political candidates. If spam can be used to effectively market a myriad of consumer products, notes Samuel Lewis, why not politics? Lewis reviews the state of anti-spam legislation, self-help measures, and litigation against spammers and observes that some politicians need lessons in Netiquette.

By Samuel Lewis

5 minute read

December 30, 2004 | Legaltech News

Our commentator finds it curious that no generally accepted mobile phone etiquette exists. As children, most of us learn basic social rules for other situations, like eating with others. Even Internet users have the well-established "netiquette." Etiquette is an essential element in maintaining civilized relations on an increasingly crowded planet. So what should we do with obnoxious cell phone users?

By Samuel Lewis

5 minute read

July 29, 2004 | Law.com

Janus, Microsoft's new digital rights software, claims to promote the mobility of digital music while combating the problem of piracy. Instead of owning a copy of a song or album, you rent it. The view of IP rights reflected in Janus is consistent with an overall shift in software from a "sale," where the user owns a particular copy, to "licensing," where the user doesn't own it. This shift has been the subject of considerable litigation.

By Samuel Lewis

6 minute read