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Intellectual Property Law in Cyberspace, Second Edition, with 2016 Cumulative Supplement

Published by Bloomberg BNA
By G. Peter Albert, Jr.
Publication Date: 2016
1,376 pages

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Price: $480 + S&H
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Intellectual Property Law in CyberspaceStay current on intellectual property law within the shifting boundaries of the internet

This critical resource gives practitioners the guidance needed to protect and enforce clients’ IP rights as they relate to the internet. Discover important insight on using and protecting copyrighted and trademarked works on the internet.

This Second Edition also includes an in-depth discussion of protecting content online, including trade secrets; an examination of new wrinkles in legal technology, such as the intellectual property issues raised by email, blogs, podcasts, news aggregators, and online search tools; updated analyses of jurisdictional issues and the internet; and a chapter devoted to the proliferating legal issues surrounding online gaming and virtual property.

The 2016 Cumulative Supplement adds the following new material:

  • New topics in patent law on subject matter eligibility after Enfish v. Microsoft, including the USPTO’s May 16, 2016 memorandum; a new section on derivation proceedings, and a new section on post-grant review proceedings, including changes to PTAB trial rules

  • New analysis of the Defend Trade Secrets Act of 2016, which creates a federal civil cause of action for trade secret misappropriation

  • Review of enacted and proposed legislation protecting email privacy, including the Federal Cybersecurity Information Sharing Act, enacted in December 2015

  • Review of amendments to the Federal Rules of Civil Procedure (FRCP), including significant changes that concern proportionality and a uniform standard for when sanctions are available for spoliation of evidence; amended Rule 1 of FRCP is interesting in that it requires everyone, not just lawyers, to cooperate in the litigation process

  • The Ninth Circuit held in Lenz v. Universal Music Corp that the DCMA requires copyright holders to consider fair use before sending a takedown notification, but the copyright holder’s consideration need only result in a subjective believe as to whether the use was authorized, not an objective one

  • A new section discussing what constitutes conveying copyright management information, as addressed by the D.C. Circuit in Drauglis v. Kappa Map Grp., LLC

  • The Second Circuit’s decision in Authors Guild v. Google, Inc., concluding that Google’s copying for the purpose of providing the public with its search and snippet view functions was a fair use that did not infringe the copyrights of the Authors Guild

  • The Ninth Circuit’s ruling in Nguyen v. Barnes & Noble, Inc., following Hines and Specht, holding that the customer had not assented to the arbitration agreement contained within a website’s terms of use because the placement of the hyperlink to the terms was not sufficient to place the customer on inquiry notice of the terms

  • The Tenth Circuit ruled BWP Media USA, Inc. v. Clarity Digital Grp. that a user is anyone who uses a website including a service provider’s own owners, employees, and agents

About the Publisher and the Authors

Tech Transfer Central is proud to partner with Bloomberg BNA Books to bring our customers access to this comprehensive and authoritative resource. All Bloomberg BNA Books are written by respected experts with extensive experience in patent law and IP licensing. These renowned authors draw from their wealth of professional expertise and in-depth research to deliver the most highly regarded editorial quality in the industry.

Intellectual Property Law in Cyberspace is authored by G. Peter Albert, Jr., partner with AlbertDhand, LLP, San Diego, CA. His practice encompasses all phases of international patent, trademark, and copyright litigation, prosecution licensing, and intellectual property counseling.

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