Stephen M. Kramarsky

November 17, 2011 | Corporate Counsel

Intellectual property law is notoriously bad at keeping up with the technology it is supposed to govern, particularly where the internet is concerned. Recently, issues have begun to surface in cases involving the ownership of social media content, which traditional intellectual property law struggles to address.

By Stephen M. Kramarsky

11 minute read

July 16, 2013 | New York Law Journal

In his Intellectual Property column, Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes: Recently, a true heavyweight entered the fair use arena. Google has asserted that its massive Google Library Project is protected by fair use, and the Second Circuit's July 1st decision in 'Authors Guild v. Google' suggests that large scale fair use may be a viable model, though perhaps not a business model.

By Stephen M. Kramarsky

12 minute read

May 15, 2012 | New York Law Journal

In his Intellectual Property column, Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes that probably the most fundamental change in the Web over the last 10 years has been the rise of "user generated content," that is, the shift from websites that present packaged content created or controlled by the website owner, to websites that are essentially services for publishing content uploaded by others.

By Stephen M. Kramarsky

11 minute read

November 20, 2012 | New York Law Journal

In his Intellectual Property column, Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes that courts initially read the "anti-circumvention" and "anti-trafficking" provisions of the Digital Millennium Copyright Act extremely broadly and allegations relating to them have become staples of digital intellectual property litigation, providing, among other things, a clean pathway into the federal courts even in the absence of an underlying copyright infringement. But some recent decisions have suggested that view may be narrowing.

By Stephen M. Kramarsky

13 minute read

January 19, 2012 | Legaltech News

Damage done in the court of internet opinion is all but impossible to reverse, notes attorney Stephen M. Kramarsky, and targeted companies may even find themselves without legal recourse.

By Stephen M. Kramarsky

12 minute read

November 17, 2011 | Legaltech News

Who controls social media passwords is at the heart of a recent Southern District of New York decision, Ardis Health, LLC et al. v. Nankivell, writes attorney Stephen M. Kramarsky.

By Stephen M. Kramarsky

11 minute read

January 22, 2013 | New York Law Journal

In his Intellectual Property column, Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes that one of the most basic questions for any party considering litigation is "Who is my defendant?"

By Stephen M. Kramarsky

13 minute read

March 13, 2012 | New York Law Journal

In his Intellectual Property column, Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes that Facebook has what most practitioners would consider a bullet-proof clickwrap signup system, but a Southern District Court recently saw it differently and ended up doing an extensive analysis reflecting substantial discomfort with the process.

By Stephen M. Kramarsky

12 minute read

July 21, 2011 | Legaltech News

A proprietary news story seems to be at odds with our information-dense society, but the New York "hot news" tort survives, providing a separate right of action for the unauthorized commercial use of material that cannot otherwise be the basis for an infringement action under the Federal Copyright Act. But the tort's precise scope, writes attorney Stephen M. Kramarsky, is ripe for debate.

By Stephen M. Kramarsky

11 minute read

November 15, 2011 | New York Law Journal

In his Intellectual Property column, Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes that business people (and the lawyers who advise them) must be especially careful to cover every possible contingency in agreements governing their online intellectual property or risk falling into the gaps in the protection offered by existing law.

By Stephen M. Kramarsky

11 minute read