Stephen M Kramarsky

March 28, 2006 | New York Law Journal

Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes that one of the great challenges for intellectual property law in recent years has been the increasing prevalence of digital content. In some cases, Congress has stepped in to create or modify rights or remedies relating to digital content.

By Stephen M. Kramarsky

12 minute read

March 30, 2010 | New York Law Journal

Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes that the recent decision in Barclays Capital Inc. v. Theflyonthewall.com is long, detailed and carefully reasoned. It is likely right, as a matter of New York's common law of misappropriation. But it is also out of sync with the modern view of intellectual property and with the way most people view the flow of information in the Internet age.

By Stephen M. Kramarsky

14 minute read

May 23, 2007 | Law.com

If a music file is downloaded to a computer, and no one is there to play it, does it constitute a performance? This is not some question from a digital-age freshman philosophy seminar -- it was the legal issue recently facing Judge William C. Connor in the U.S. District Court of the Southern District of New York in United States v. American Society of Composers, Authors and Publishers. Attorney Stephen M. Kramarsky examines the challenges, facts and precedents faced by the ASCAP court.

By Stephen M. Kramarsky

13 minute read

November 22, 2005 | New York Law Journal

Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes that, as advanced as viruses, trojans and spyware have become in recent years, antivirus and antispyware programs have kept up. But security programs can only work if they can "see" what applications are installed. A rootkit causes a computer to stop reporting the presence of certain files and processes.

By Stephen M. Kramarsky

12 minute read

February 01, 2006 | Legaltech News

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. Attorney Stephen M. Kramarsky examines some interesting intellectual property cases from around the country that closed out 2005. Among them include MGM Studios, Inc. v. Grokster, Ltd. and BMG Music v. Gonzales.

By Stephen M. Kramarsky

12 minute read

February 01, 2010 | Legaltech News

To be privileged, a communication must not only be intended as confidential, it must actually be confidential. Attorney Stephen M. Kramarsky notes that much of the law regarding waiver is not well settled and these issues grow in complexity where electronic communications are involved.

By Stephen M. Kramarsky

11 minute read

September 20, 2011 | New York Law Journal

Stephen M. Kramarsky of Dewey Pegno & Kramarsky discusses the "cloud" business model's popularity with music lovers and analyzes a case pending in the Southern District of New York, which asks whether a filesharing service is required to police its uploads for infringement, and whether it engages in direct or contributory infringement when it copies the files to its servers.

By Stephen M. Kramarsky

11 minute read

September 23, 2011 | Legaltech News

The enormous music libraries many users have amassed are too large for mobile devices, so cloud storage is a solution many familiar names have willingly provided. However, this business model carries various legal issues for the cloud storage provider. Attorney Steven M. Kramarsky examines these issues in a case pending in the Southern District of New York.

By Stephen M. Kramarsky

11 minute read

November 27, 2007 | New York Law Journal

Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes: Which is more "creative," the Yellow Pages or the White Pages? A basketball score or a futures contract price? A public domain photograph transferred onto a flag, or a publicly available tax map traced into a computer? If these seem like abstract questions, you are not keeping up with the copyright law.

By Stephen M. Kramarsky

12 minute read

March 22, 2011 | New York Law Journal

Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes: New York courts enjoy wide latitude in determining whether to enforce a particular non-compete agreement and results can be very difficult to predict. A recent Southern District decision denying IBM a preliminary injunction to enforce a non-compete very similar to one it had successfully enforced just a few years earlier offers a good look at why.

By Stephen M. Kramarsky

11 minute read