Hot answers tagged

37

I'm not sure of the term but it's similar to coming out with a soda and calling it Koka-Kola and hoping you can get away with it. You won't. If you are going to compete, compete with superior products and service instead of trickery.


23

First, as already pointed out, it's trickery and unlikely to serve you well. Someone typing in a specific domain name knows what site they want, and it isn't yours; how do you suppose they'll react to being duped? I certainly can't imagine it'll be a positive reflection on your business. And do enough people actually type a URL into the address bar to ...


22

The US is a member of the Berne Convention which means users have the Copyright for their work and even have it without notice on the work itself (although I would recommend using it). (For a full list of countries who this also applies to see the list of other members. You automatically have the copyright to any work you create. There isn't an official ...


21

Let me be clear. There is one thing I know fairly well, it is copyright law. I am not a lawyer, however, knowledge of copyright was a constant requirement of my consultancy for 30 years. As an added bonus, I consulted primarily to telecos and often worked with subscriber data and data analysis and presentation of said data for sale and re-use. I am at least, ...


20

I've been on the other end of this scenario. It was a couple of years ago, but I can't imagine much has changed. We held the trademark on the domain name—let's say we were ExtraSpecialVeeblefetzers.com, so a competitor opened up ExtraSpecialVeeblefetzers.co.uk. So I dashed off a letter that we were going to file a complaint, not with the trademark office, ...


16

The Better Business Bureau Online has a Sample Privacy Notice which is as good as any in terms of a simple, but thorough policy. It has these sections: Our Commitment To Privacy The Information We Collect How We Use Information Our Commitment To Data Security Our Commitment To Children's Privacy How To Access Or Correct Your Information How To Contact Us ...


16

Okay. This is a rather odd one, but not as tragic as you would think. I am not sure what the payoff would be. This makes absolutely no sense to me as to why someone would do this. I cannot see an advantage for the hacker at all. The good news is the visitor is reaching your site. However, there will be a hit from an SEO standpoint so you want to fix this ...


14

From the "Gov Internet Program Guidelines" on DotGov.gov: No Political or Campaign Information: The Gov Internet domain is for the operation of government, not the political, political party, or campaign environment. No campaigning can be done using .gov domains. However, I'm pretty sure that GOP.gov doesn't put forth a purely unbiased viewpoint. In my ...


13

This completely depends on your contract. If you have a contract with them stating they will build a website and manage it for you, but they retain the rights, then no you can not rebuild it. There are two separate issues. One is the code to build the website, and one is the design. It is the Design related contract that determines if you can rebuild ...


12

The UK Information commisioner says in their guidance document on cookies: "An organisation based in the UK is likely to be subject to the requirements of the Regulations even if their website is technically hosted overseas." So it depends on where you are based, not where you are hosted.


12

I know you said the client doesn't want to get lawyers involved, but um, your client needs to get a lawyer involved. An SEO slap fight just isn't going to fix this, and if it's the route they want to go then they don't get to complain about promotions sending business to the competitor since that's kind of the core of the entire problem. Everything from here ...


12

Ends up with a message saying it's blocked by Adobe. FontSquirrel allows font publishers to request to be put on a blacklist. Not only that sometimes if the font can be converted, it often looks like crap when viewed in a browser. Sometimes automated conversion doesn't turn out perfectly and adjustments or alterations to the fonts are needed. ...


11

There definitely is a hard line that you cannot cross. You'll have to talk to a trademark attorney if you want exact details. But if you're using a trademark in your domain and the site is related to the trademark you can bet it is ripe for a lawsuit if the trademark holder decides they want to sue. Of course, they may just request you hand the domain name ...


11

The "excitement" relates to confusion about how the new directive (PDF: 2009/136/EC) should be interpreted and implemented, and whether or not it's fair to European webmasters: Do the laws apply to third party cookies? The UK data protection body in charge of enforcing the laws in Britain says in their guidelines that they're seeking clarification (see my ...


11

Unless you had a pre-existing contract with them that required you to renew the domain or notify them of cancellation, then they cannot charge you. AT domain registration So basically, it depends on whether or not there were explicit terms from your registrar about this occurring; which if there are, you should be able to find them on your registrar's ...


11

Yes it is a legal requirement to display company registration details on a UK based website. It's also good practise - it'll will reassure the company's customers that it's a serious organisation. Out-Law site contains the relevant information. The name, geographic address and email address of the service provider. The name of the organisation with ...


10

The short answer is that no-one knows yet. The long answer is that 3rd party cookies are a hazy area; it's not clear from the directive (PDF) who would be prosecuted for failing to obtain consent when storing 3rd party cookies. The ICO's current interpretation and advice, published in "Changes to the rules on using cookies...", admits that they don't know ...


10

It's potentially illegal and also morally wrong. Basically, if you would be unhappy for someone to read your private messages then it's wrong (morally) and I suspect it would be considered criminal under one of these Canadian Laws (technically the crime would be committed at the location of the server):- Section 342 of the Criminal Code of Canada ...


10

Kim Dot Com was a German operating servers in New Zealand and yet the FBI still raided him. Despite the raid being deemed entirely illegal in hindsight, that data and business was destroyed regardless. Basically you can not avoid the US claiming jurisdiction wherever they please unless you work in countries like China because the US has no regard for ...


10

You've really got two licenses there: The Apache License 2.0 and the MIT License. Both have restrictions that require copyright and other notices to remain intact. As indicated here for the Apache License under Licensing conditions: in every licensed file, any original copyright, patent, trademark, and attribution notices in redistributed code must be ...


10

They are technically all correct because the proper usage of a copyright notice is to inform its users there is a copyright license or agreement on the website in question, therefor regardless of the usage they are all correct assuming they all mean the same thing... i.e these are all the same: © Business Name Copyright Business name 2015 © Business Name ...


10

1) Yes ii - Unknown, but it may help to keep the information under seal in the court records instead of being accessible to anyone who requests the records of the case. c. I wouldn't at this time. This has very little to do with you personally. The plaintiff is attempting to show that Google acted in an arbitrary or capricious fashion when they closed his ...


9

First off, how are you going to get traffic to that domain? Google aren't going to index it if it simply redirects to your domain. If you use any other means to promote traffic to your site through this other domain you're running the risk of being guilty of fraud. Secondly, Nominet (the UK registry) have strict rules about malicious domain registration; ...


8

As always, your best and most definitive course of action is to seek actual legal counsel with experience in copyright law. I'm not a lawyer and, as such, the following should be viewed only as my opinion and not legal advice. The key phrase in the PDF that MrChrister linked to is: if the parties expressly agree in a written instrument signed by them ...


8

I AM NOT A LAWYER AND THIS IS NOT LEGAL ADVICE! Update I was browsing an article on Blogger Law and I came across this direct issue. Here is an example case they cited: A leading case in the area of trademark disputes is Continental Airlines, Inc. v. continentalairlines.com. In that case, the dotcom was simply re-routing visitors to a travel site ...


8

So long at it is a summary/review, and it doesn't plagiarise the book directly i.e. include large sections of it simply cut and pasted text, then it should come under fair use. The key things are the amount of copy used, credit and the context. If it's presented as a review or summary and a small amount of the book i.e. a sentence or two is used word for ...


8

According to Judge William A. Fletcher's opinion on Office Depot v. Zuccarini, the jurisdiction over a domain name is dependant on the jurisdiction of the domain name registry. The registry for .com domains is VeriSign, which is headquartered in Virginia, USA. Assuming that the judge's opinion is still applicable, this means the jurisdiction of .com domain ...


7

First you will need to know the laws and regulations in the country you are hosting the site and creating "the content". Minimum legal ages and so on. Second, you need to check the T&C of your hosting provider; many will explicitly say hosting adult material is not allowed. If you are self-hosting, you should check your internet service provider since ...


7

All of the above. You have to make sure you follow all of the rules set forth by the Chinese Gov't or whomever controls the .cn TLD. If you do not meet their criteria for use of a .cn domain name they can revoke it from you. If your business, or you if you aren't a registered business, is located in the Netherlands, then you are subject to their laws. If ...


7

as usual, IANAL, but this page was written by a Lawyer: http://www.ericgoldman.org/Articles/websiteliabilityalert.htm Cooley Godward continues to believe that websites should take steps to avoid knowing their users’ activities and content and, in most cases, reduce indicia of their right and ability to control user behavior and content. Thus, we propose ...



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