Illinois Federal Court Holds That False-CMI Claims Fail Where the CMI Is Not on the Same Webpage as the Copyrighted Text

February 19, 2012

E-Commerce News provided by BuckleySandler LLP for informational purposes only, and should not be construed as legal advice on any subject matter.

February 17, 2012

Illinois Federal Court Holds That False-CMI Claims Fail Where the CMI Is Not on the Same Webpage as the Copyrighted Text . On February 8, the U.S. District Court for the Northern District of Illinois dismissed a false-copyright management information (CMI) claim because the allegedly false CMI was not on the same webpage as the text at issue. Personal Keepsakes, Inc. v. Personalizationmall.com, Inc. , No. 1:11-cv-05177, 2012 WL 414803 (N.D. Ill. Feb. 8, 2012). The plaintiff used a website to sell keepsake items that incorporated poetry it had written and copyrighted. Competing websites later copied that poetry and incorporated it into their own products. The plaintiff sued these competitors after discovering that their website terms and conditions suggested that they, not the plaintiff, had copyrighted the poems. The plaintiff claimed that by doing so, its competitors violated the Digital Millennium Copyright Act’s prohibition on “conveying” false CMI. The court disagreed, however, and held that because plaintiff had not posted the CMI in close proximity to the poems, it was not “conveyed” with the poems and could not form the basis of a false-CMI claim as a matter of law.

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ESRA participates in EU-US workshop on Electronic Signatures

February 14, 2012

On February 9, 2012, the Electronic Signature and Records Association participated in the EU-US workshop on Electronic Signatures that took place in McLean, Virginia.

ESRA’s Chairman Ken Moyle provided a U.S. Policy and Industry Update. To download his presentation please click here.

For all presentations from the EU-US workshop please click here.

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FTC Warns That Mobile Background Screening Apps May Violate FCRA

February 13, 2012

E-Commerce News provided by BuckleySandler LLP for informational purposes only, and should not be construed as legal advice on any subject matter.

February 10, 2012

FTC Warns That Mobile Background Screening Apps May Violate FCRA. On February 7, the FTC announced that it had warned three mobile application marketers that their mobile background screening applications may be violating the Fair Credit Reporting Act (FCRA). The FTC described some of the six applications at issue as including criminal record histories, which are a type of information typically used in employment and tenant screening. While the FTC has not made a determination as to whether these firms are violating FCRA, it reminded the companies that if they have reason to believe the mobile applications include information about individuals’ character, reputation, or personal characteristics that is used or expected to be used for purposes such as employment, housing or credit, the marketers and their customers must comply with FCRA. Under FCRA, firms that assemble or evaluate such information to provide to third parties qualify as consumer reporting agencies and are required to (i) take reasonable steps to ensure the user of each report has a “permissible purpose” to use the report, (ii) take reasonable steps to ensure the maximum possible accuracy of the information conveyed in its reports, and (iii) provide users of its reports with information about their obligations under the FCRA.

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New York Federal Court Affirms Enforceability of Terms of Service Available By Hyperlink

February 13, 2012

E-Commerce News provided by BuckleySandler LLP for informational purposes only, and should not be construed as legal advice on any subject matter.

February 10, 2012

New York Federal Court Affirms Enforceability Of Terms Of Service Available By Hyperlink. On January 24, the U.S. District Court for the Southern District of New York held in Fteja v. Facebook Inc., No. 11-918, 2012 WL 183896 (S.D.N.Y. Jan. 24, 2012), that an experienced Internet user received adequate notice to be bound by Facebook’s Terms of Service when he pushed a button indicating his assent to the terms, which were available via a hyperlink near the button. The user had sued Facebook in New York state court for allegedly wrongly terminating his account. When Facebook removed the case to federal court and moved to transfer the action to the Northern District of California, citing the mandatory forum selection clause in its Terms of Service, the user argued that the Terms were unenforceable because he never saw or agreed to them. The court granted Facebook’s motion to transfer after finding that Facebook’s signup process “reasonably communicated” the Terms despite a second step, clicking the hyperlink, being required to view the Terms.

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Press Release – ESRA Launches Speakers Bureau

February 7, 2012

ESRA Press Release

ESRA LAUNCHES SPEAKERS BUREAU

WASHINGTON, D.C. – February 6, 2012  – The Electronic Signature and Records Association (ESRA), a Washington, D.C.-based trade association representing electronic signature industry adopters and providers, has launched a Speakers Bureau, as part of an exciting list of initiatives for 2012.

“True electronic transactions, including signing online legally and securely, have closed the last mile in the original ‘paperless’ vision first expressed in the 1980’s.  Rapid adoption of straight-through document-based forms and contracting is reshaping business for the 21st century,” said Bill Brice, ESRA Board member and executive sponsor of the Speakers Bureau.

The Speakers Bureau is proud to have the participation of many leaders providing their vision and perspectives in law, regulations, and technical matters regarding electronic signatures and records in electronic financial services transactions, consumer and business-to-business transactions, cross-border issues, and comparative global e-signature laws just to name a few.

The formation of the Speakers Bureau and the availability of key industry experts from ESRA will be published on the website: www.esignrecords.org, where the public will be able to request a speaker and the organization will provide one based on the topic and geographic location requested.

This new initiative represents the continuing efforts by ESRA members to fulfill its mission by providing members and the public with the most incisive and timely information possible about legal trends, best practices, and an array of industry issues.

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ABOUT ESRA: The Electronic Signature and Records Association (ESRA) mission is to be a centralized educational resource for its members and the public with respect to legal, regulatory and operational issues related to the use and acceptance of electronic signatures and records.

For more information, see www.esignrecords.org.

You may download the full release here.

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E-Commerce News – February 5, 2012

February 6, 2012

E-Commerce News provided by BuckleySandler LLP for informational purposes only, and should not be construed as legal advice on any subject matter.

February 5, 2012

New Jersey Updates Title Recordation Laws. On January 17, New Jersey enacted a 2010-2011 session bill, A2565, to modernize the state’s title recordation laws to permit the use of electronic documents and to reorganize and streamline the state’s recordation requirements. Given that the federal E-sign Act and the New Jersey Uniform Electronic Transactions Act both authorize the acceptance of electronic alternatives to paper documents and encourage the development of systems that accept electronic documents, the bill updates state law to, for example, (i) broaden the definition of “document” and “recorded” to allow for electronic recordation; (ii) delete statutory references to separate sets of books or separate databases for different kinds of documents; (iii) remove requirements for marginal notation of documents; and (iv) require development of standard formats for electronic documents. For a copy of A2565, please see http://www.njleg.state.nj.us/2010/Bills/A3000/2565_R1.PDF.

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The New York Wage Theft Prevention Act: Take Action by February 1st

February 3, 2012

Do you have an action plan for complying with the New York Wage Theft Prevention Act (WTPA) by February 1st?  The act requires that notices be delivered for employees’ signature on these delivery dates:

  • Annually, between January 1 and February 1 starting in 2012
  • Upon hire
  • If there is a change in position and/or pay

For more information click here.

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