Stephen M. Kramarsky

September 25, 2007 | Law.com

In Nymex, the majority of a 2nd Circuit panel repeatedly stressed the point that market prices "feel" like facts, not creative works, and made clear that settlement prices do not meet the required creativity standard. Because the court found the settlement prices un-copyrightable under the merger doctrine, the entire discussion of creativity is dicta and technically unnecessary.

By Stephen M. Kramarsky

12 minute read

September 27, 2010 | Legaltech News

Sticks and stones may break bones, but words never hurt. "Or do they?" asks attorney Stephen M. Kramarsky. Laws passed in a number of cities and states, and in a bill before the U.S. House of Representatives, treat harsh words on the internet differently from those on the playground.

By Stephen M. Kramarsky

9 minute read

January 17, 2008 | Corporate Counsel

The Web may not be truly worldwide, but it is getting fairly close, and while this has created enormous opportunities, it is not without its challenges. 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). This has only gotten more complex as Web business models have diversified.

By Stephen M. Kramarsky

12 minute read

January 15, 2008 | New York Law Journal

Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes that as Web business models have diversified, jurisdiction has emerged as one of the thorniest Internet issues: A modern Web site for a company based in Chicago might be designed in New York, coded in California, supported in India, connected via a Virginia Internet service provider, hosted on servers in the Bahamas, and viewed by users from Brooklyn to Beijing.

By Stephen M. Kramarsky

12 minute read

May 18, 2010 | New York Law Journal

Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes: Faced with a traditionally commercial defendant, a substantial non-infringing business model, and a stringent standard for contributory infringement, the Second Circuit in Tiffany (NJ) Inc. v. eBay Inc. has produced a rare decision: One that appears both well supported by existing law and well aligned with the economics of the digital marketplace.

By Stephen M. Kramarsky

12 minute read

January 26, 2010 | New York Law Journal

Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes that the attorney-client privilege protects communications that: (1) occur between client and counsel; (2) are intended to be confidential and are in fact kept confidential; and (3) are made for the purpose of obtaining or providing legal advice.

By Stephen M. Kramarsky

11 minute read

September 27, 2006 | Law.com

Attorney Stephen M. Kramarsky wonders: If I borrow your iPod and refuse to return it, you might sue me for conversion of the iPod. But could you also sue for conversion of the music files on it? The copyrights in the sound recordings contained in those files are very likely owned by record companies -- could they, too, sue for conversion? What about other types of digital files? Like many common law concepts, the traditional rules governing conversion have been difficult to apply in the digital context.

By Stephen M. Kramarsky

10 minute read

January 20, 2009 | New York Law Journal

Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes that the universe of entities effected by television ratings is relatively small, at least compared to the universe of Web sites, and the question of an extra-contractual duty of care is therefore less likely to arise in a traditional media environment, but as the influence of Nielsen and its ratings competitors grows among smaller entities, and as advertising dollars get tighter, it seems likely that suits will arise from "pure" outsiders.

By Stephen M. Kramarsky

11 minute read

July 26, 2005 | New York Law Journal

Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, recent industry surveys have found that between 60 percent and 80 percent of computers are home to at least some spyware or adware, making them by far the most widespread problem faced by information technology managers and computer users today.

By Stephen M. Kramarsky

13 minute read

January 24, 2006 | New York Law Journal

Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes that the end of last year was relatively quiet for technology cases in New York's courts. Elsewhere, however, courts were at work on some fundamental issues, including file sharing, password stealing and security circumvention.

By Stephen M. Kramarsky

12 minute read