http://www.ecomputerlaw.com Mark Grossman has been writing on technology law for over a decade and offers this archive as a service to his readers. Technology law has changed at a rapid pace so many of the topics and legal issues discussed in these articles may have changed over time. As always, the advice offered in these articles is not legal advice. You must never rely upon the advice given here. Your individual situation may not fit the generalizations discussed. Only your attorney can evaluate your individual situation and give you advice. en-us MGrossman@eComputerLaw.com ©1998 - 2009 Mark Grossman Tue, 4 Aug 2009 01:47:23 EST 30 http://www.ecomputerlaw.com/images/law_group_logo.gif http://www.ecomputerlaw.com http://www.ecomputerlaw.com/articles/show_article.php?article=2006_acceptable_use_policies_and_corporate_culture http://www.ecomputerlaw.com/articles/show_article.php?article=2006_acceptable_use_policies_and_corporate_culture While Internet, instant messenger, and email access at the office have brought productivity gains, they have also brought some legal and business headaches along as baggage. And those are just the old distractions. Today we can also add Twitter, LinkedIn, Facebook, and other social networking sites into the mix. Tue, 4 Aug 2009 01:47:23 EST http://www.ecomputerlaw.com/articles/show_article.php?article=2009_blogs,_copyright,_and_fair_use http://www.ecomputerlaw.com/articles/show_article.php?article=2009_blogs,_copyright,_and_fair_use Why is it that intelligent and well-educated people believe that copyright law doesn't apply to the Internet and blogs? It might be because copying is so easy to do. Maybe it goes back to the almost utopian and non-commercial origins of the Net. Whatever the reason, it's a myth. Tue, 4 Aug 2009 01:47:23 EST http://www.ecomputerlaw.com/articles/show_article.php?article=2008_common_misconceptions_about_technology_law http://www.ecomputerlaw.com/articles/show_article.php?article=2008_common_misconceptions_about_technology_law This week I'm going to try to dispel some common misconceptions about technology law. I suppose that since it's a relatively new legal specialty, it shouldn't surprise anyone that business folks and even lawyers who do not specialize in this field, get some of the fundamentals wrong. Tue, 4 Aug 2009 01:47:23 EST http://www.ecomputerlaw.com/articles/show_article.php?article=2006_credit_card_use_on_the_internet http://www.ecomputerlaw.com/articles/show_article.php?article=2006_credit_card_use_on_the_internet You've probably heard that the Internet is a dangerous place to use your credit card. As the Holiday shopping season approaches, you need to know that this is a myth. It's time to wake up and see the light. Tue, 4 Aug 2009 01:47:23 EST http://www.ecomputerlaw.com/articles/show_article.php?article=2009_data_destruction_policies http://www.ecomputerlaw.com/articles/show_article.php?article=2009_data_destruction_policies We are collecting data at ever-increasing rates as the costs of data storage go down. Why get rid of our beloved data when we can always buy more storage space? Some companies like Google love collecting and working with data, and these companies will rarely or never get rid of their data. But odds are your company is not like Google and does not need all of that old data. This column will focus on crafting an effective data destruction policy. Tue, 4 Aug 2009 01:47:23 EST http://www.ecomputerlaw.com/articles/show_article.php?article=2009_employees_and_technology http://www.ecomputerlaw.com/articles/show_article.php?article=2009_employees_and_technology I write most of my columns for management. This week, I'm flipping my perspective and writing to everybody , but management. The theme is a simple one. Things you need to know so your computer doesn't become your worst enemy. Tue, 4 Aug 2009 01:47:23 EST http://www.ecomputerlaw.com/articles/show_article.php?article=2009_lawyers_get_pwned_by_digg http://www.ecomputerlaw.com/articles/show_article.php?article=2009_lawyers_get_pwned_by_digg Most lawyers don't know squat about technology, so it's no shocker that they can't figure out the geek counter-culture. (Yes, it's fun to step out of my "lawyer" shoes and point the finger.) After logging into Digg and finding the code for cracking HD-DVD copy protection splattered all over unrelated news stories, I knew that something screwy was afoot. My first thought was "Cool! Digg's getting publicity." A few seconds later, I was trying to figure out what the big deal was. Apparently, Gary Gnu was right. "No gnews" really is "good gnews." Tue, 4 Aug 2009 01:47:23 EST http://www.ecomputerlaw.com/articles/show_article.php?article=2009_limiting_software_vendor_audit_rights http://www.ecomputerlaw.com/articles/show_article.php?article=2009_limiting_software_vendor_audit_rights Given the current state of the economy it should come as no surprise that software vendors are closely monitoring and auditing the usage of their software products. They're looking for both intentional and unintentional license violations, and finding such violations can be an easy source of revenue in these tough times. Finding revenue from existing customers is easier than finding new customers. Tue, 4 Aug 2009 01:47:23 EST http://www.ecomputerlaw.com/articles/show_article.php?article=2009_negotiating_your_way_out_of_litigation http://www.ecomputerlaw.com/articles/show_article.php?article=2009_negotiating_your_way_out_of_litigation Tech related deals sometimes lead to disputes just like any other type of agreement. It might be a software development deal gone sour, an outsourcing deal straight from hell or whatever, but things go wrong. When they do, lawsuits often follow. This is your "how to" on negotiating your way out of a major dispute involving technology. Tue, 4 Aug 2009 01:47:23 EST http://www.ecomputerlaw.com/articles/show_article.php?article=2009_Preventing_Problems_with_Tech_Deals_You`ve_Already_Closed http://www.ecomputerlaw.com/articles/show_article.php?article=2009_Preventing_Problems_with_Tech_Deals_You`ve_Already_Closed You signed your big deal. Be it a SaaS, managed services, or cloud computing deal you're just glad it's over. Next, you pop the corks, thank your tech lawyer for his great work, and send him home. The legal part is mercifully over and now you can get back to business sans lawyers. Sorry, but it's the wrong approach in tech deals, and in fact, in any big deal of any kind. You must keep the team intact and functioning. Tue, 4 Aug 2009 01:47:23 EST http://www.ecomputerlaw.com/articles/show_article.php?article=2009_red_flags_rule http://www.ecomputerlaw.com/articles/show_article.php?article=2009_red_flags_rule By now everyone's heard of identity theft, and heard of the efforts by various public and private entities to combat the threat. Today we're going to give you an overview of one effort by the Federal Trade Commission ("FTC") that your company needs to be aware of and closely review. It could have a substantial impact on your operations if your entity is under FTC jurisdiction. It's called the Red Flags Rule (the "Rule"). Tue, 4 Aug 2009 01:47:23 EST http://www.ecomputerlaw.com/articles/show_article.php?article=2009_safe_from_copyright_law http://www.ecomputerlaw.com/articles/show_article.php?article=2009_safe_from_copyright_law The beauty of the Internet is that copyright law doesn't apply. It's the perfect place for the free exchange of ideas. This week, I'll highlight some of the differences between the law of copyright in traditional media, like books, music, and movies, with the law on the Internet. Tue, 4 Aug 2009 01:47:23 EST http://www.ecomputerlaw.com/articles/show_article.php?article=2009_some_copyright_law_mechanics http://www.ecomputerlaw.com/articles/show_article.php?article=2009_some_copyright_law_mechanics Here's a quick true or false question for you and your morning coffee. If you forget to put a copyright notice, copyright symbol ©, or the word "copyright" on your written work, you lose all your copyright protection? The answer is "false." This week's column is a primer on some copyright mechanics and related issues. Tue, 4 Aug 2009 01:47:23 EST http://www.ecomputerlaw.com/articles/show_article.php?article=2005_software_audits http://www.ecomputerlaw.com/articles/show_article.php?article=2005_software_audits Do you know how many licenses your company owns for Microsoft Word? Do you know how many use it? Does anybody in your company have a good handle on your licensing? If the answers are "no" and "no," you may find yourself paying large penalties for your improper licensing. Tue, 4 Aug 2009 01:47:23 EST http://www.ecomputerlaw.com/articles/show_article.php?article=2005_software_development_contracts http://www.ecomputerlaw.com/articles/show_article.php?article=2005_software_development_contracts Probably the most difficult contract drafting task a technology lawyer faces is for custom software development. The mission is to create some certainty and objective standards for a piece of software that doesn't exist yet. Here are some tips from the trenches. Tue, 4 Aug 2009 01:47:23 EST http://www.ecomputerlaw.com/articles/show_article.php?article=2009_time_to_revisit_your_disaster_recovery_plan http://www.ecomputerlaw.com/articles/show_article.php?article=2009_time_to_revisit_your_disaster_recovery_plan There's a broad range of disasters, both natural and manmade, that could knock your offline or out of business. Hurricanes, earthquakes, and of course terrorism top the list. But as we've seen, disasters come in a variety of forms including wildfires, tsunamis, and floods. The list goes on and on. Tue, 4 Aug 2009 01:47:23 EST http://www.ecomputerlaw.com/articles/show_article.php?article=2009_Working_with_RFPs http://www.ecomputerlaw.com/articles/show_article.php?article=2009_Working_with_RFPs One of the time-tested ways of buying computer-related goods and services is to use a Request for Proposal (RFP). If your organization has never used an RFP before and you're considering a major investment in your computers or software, you should give some thought to an RFP. Tue, 4 Aug 2009 01:47:23 EST