Internet + Computer Law
Computer and Internet law, sometimes also referred to as Cyberlaw, covers a wide area of law affecting the design and use of computers, and their use on the Internet. Computer and Cyberlaw typically include, but is not limited to, topics related to contract law, data access, data security, data privacy, online commercial transactions, trademark law, and copyright law. Our firm provides advice and counseling to clients facing issues in this area of law. For example, we help clients with different types of agreements such as development agreements, website commerce agreements, privacy policy, terms of use, confidentiality/non-disclosure agreements, end-user licenses, joint promotion agreements, artistic license agreements, trademark license agreements, copyright license agreements. We also guide clients toward resolution of IP-related disputes that touch the use of computers and the Internet. For example, we help clients with domain name disputes through the Uniform Domain-Name Dispute-Resolution Policy (UDRP) proceedings, with Digital Millennium Copyright Act (DMCA) disputes, with copyright disputes, and with trademark disputes. We also assist companies with the protection of their intellectual property, including their data, through patents, trademarks, trade secrets, and copyrights.
Agreements and Licensing
Our firm handles a wide variety of internet and computer related agreements including, but not limited to, development agreements, consulting agreements, marketing and licensing agreements, OEM distribution agreements, end-user licensing agreements, and more.
Trademark and Domain Name Disputes
Whether you are a trademark owner or a domain owner, all domain name registrars must follow the Uniform Domain-Name Dispute-Resolution Policy (UDRP). We can help you navigate a dispute when there is a conflict between a domain name and a trademark.
Confidentiality and Information Exchange
We can help you with the exchange of sensitive and confidential information whether you are the party that is disclosing information, the party that is receiving information or both. Understanding the “need to know” rather than the “nice to know” when sharing sensitive information is key. It is also important to define in every agreement who is permitted to access the protected confidential information as well as what is permitted use of the information.
Database, Data, and Machine Learning Licensing
Similar in many respects to other types of IP licenses, database, data and machine learning licenses consider what rights it can grant consistent with its business model. One important provisions of a data license agreement is to accurately define the data that is being licensed, including the manner and frequency with which the data will be provided/updated, how current the data will be (that is, whether the data will be provided on a “real-time” or close to “real-time” basis), how the data can be used and who may have access to the data.
Digital Millennium Copyright Act – Take-Down Notices
The Digital Millennium Copyright Act (DMCA) notice and takedown process is a tool for copyright holders to get user-uploaded material that infringes their copyrights taken down off of websites. The process entails sending a takedown notice to a service provider requesting the provider to remove material that is infringing their copyrights. A service provider can be an internet service provider, website operator, search engine operator, a web hosting or other type of online site-operator. To be successful, there are several elements that must be included in a takedown notice that are specified by copyright law.