Stephen M. Kramarsky

February 01, 2008 | New Jersey Law Journal

Among the thorniest of these have been issues of jurisdiction, which have been a staple of Web jurisprudence since the earliest days of e-commerce (and even before that). New York has had an evolving standard for how much "Web presence" is required to create personal jurisdiction under the state's long-arm statute.

By Stephen M. Kramarsky

12 minute read

November 23, 2004 | New York Law Journal

Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes that the Digital Millennium Copyright Act is something of a Frankenstein's monster: a series of extremely complex statutory parts � totally unrelated to one another and covering a range of subjects � all grafted on to a copyright statute that has been around, in one form or another, for more than 200 years.

By Stephen M. Kramarsky

12 minute read

September 15, 2009 | New York Law Journal

Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes that the fundamental legal question facing Internet radio providers - as in any business that involves providing access to intellectual property - is licensing. The current copyright law relating to the digital broadcast of sound recordings (which is called "performance" in copyright law parlance), he says, allows the owners of sound recording copyrights (typically the record companies) to collect royalties under one of two licensing systems: a statutory royalty or a licensing agreement negotiated directly with the copyright holder.

By Stephen M. Kramarsky

11 minute read

July 25, 2006 | New York Law Journal

Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes that the selling of internet ads based on keywords that are either searched for by the user or are in a site's text is in some legal jeopardy. A number of recent cases have found that the sale of registered trademarks as keywords may constitute trademark infringement under the Lanham Act. The Second Circuit, however, has indicated that it might not support that view.

By Stephen M. Kramarsky

12 minute read

May 26, 2011 | Legaltech News

A user's fundamental online identifier is their internet protocol address, but IP addresses do not directly map to individuals. But ISPs can often determine user identity -- or at least user household -- given an IP address and date. For a lawyer involved in one of these cases, attorney Stephen M. Kramarsky writes, the trick is getting them to do so.

By Stephen M. Kramarsky

10 minute read

April 29, 2003 | New York Law Journal

By Stephen M. Kramarsky

9 minute read

May 24, 2005 | New York Law Journal

Cleaning up movies is nothing new, of course. Feature films have been appearing in edited form on television for years. But now third parties are getting into the act, creating edited versions without the authorization � or creative input � of the filmmakers or copyright holders.

By Stephen M. Kramarsky

12 minute read

November 24, 2010 | Legaltech News

The license to access online content may be controlled by passwords or other technologies, but if those are bypassed legal enforcement can be difficult. Attorney Stephen M. Kramarsky examines common law claims of misappropriation and tortious interference as a means of protection.

By Stephen M. Kramarsky

11 minute read

July 21, 2009 | New York Law Journal

Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes: New York's long-arm jurisdiction statute includes a multi-part test for personal jurisdiction over non-residents that can be a challenge to apply even in relatively straightforward cases. It is thus no surprise that courts have struggled to come up with a consistent set of standards applicable to claims of infringement over the Internet. What is surprising is how stark the differences in interpretation can be, and how difficult the cases become at the margins. Two recent decisions from the Southern District of New York make this clear.

By Stephen M. Kramarsky

13 minute read

March 31, 2010 | Legaltech News

The "hot news" tort was successfully applied to content aggregator Flyonthewall.com under the New York common law of misappropriation, acknowledged attorney Stephen M. Kramarsky, but the tort is out of sync with intellectual property law and the flow of information on the internet.

By Stephen M. Kramarsky

13 minute read