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Mark Grossman Gaming Guru - Page 10The First Amendment and Internet Broadcasting31 May 2001
Have you heard the one about the company that wants to broadcast Timothy McVeigh's execution over the Internet? If it sounds to you like a perverse and surreal joke, the problem is that it isn't. If you want to know the name of the company, you're not going to find it here. Its obscene publicity stunt isn't going to get its name in print here. ... (read more)
Audits Can Evaluate ASP's Security Measures24 May 2001
As an Internet attorney, I have many clients who outsource some of their company's technology-related tasks to application service providers, or ASPs. Often, their top concern is security--how much of it are they getting from their ASPs, and how do they know that their ASPs are really giving them the best ... (read more)
Improve Your Negotiating Skills17 May 2001
As a tech lawyer, the thing that I do more than anything else is negotiate. Almost every time I take a phone call or meet with somebody, I'm negotiating something. Most people are so unskilled at it that sometimes it feels like taking candy from a baby.
This column will be the first in an occasional ... (read more)
Don't Accept Limits on the Other Party's Liability3 May 2001
When clients come to me to consider suing because of a tech deal that has gone bad, the single worst lawsuit killer is often the "standard" limitation of liability clause. It never ceases to amaze me how people don't even pay attention to these clauses as they blithely sign-off on a one-sided agreement. ... (read more)
Electronic Evidence Never Dies26 April 2001
If you've ever been involved in any type of litigation, you know that finding evidence to support your position is one of the keys to victory. As a tech lawyer, I sometimes am asked by other lawyers to look at non-tech cases and offer advice on electronic evidence. Electronic evidence can make or break a case--often in surprising ways. ... (read more)
Employee Surfing Strategies12 April 2001
In the last five years, Internet access at the office went from rare to ubiquitous. With it came new problems for corporate managers to manage--such as employees using the corporate network to visit adult websites, download pirated software and waste corporate bandwidth and time to recreationally surf. ... (read more)
Slow Economy Will Increase Litigation5 April 2001
One of the inevitable consequences of a down economy is that you'll notice an increase in litigation. Money gets tighter, tempers fray and the legalized warfare begins.
You know that deal you did on the back of a napkin? You remember, the one you were so proud of. The one you did in a day. It's in times like this that you may find that it's falling apart. ... (read more)
Regulating E-Business Breeds Confidence29 March 2001
Since long before there was an Internet, the Federal Trade Commission has had broad authority to protect consumers by regulating "unfair or deceptive acts or practices." The FTC now takes the common-sense position that consumer protection laws apply online as well.
Internet law being as new as it is, it wasn't too long ago that this position wasn't clear. ... (read more)
Exit Strategies15 March 2001
If you're with a technology company, you may be feeling the pain of the economic downturn more than most. While there are lots of lessons to glean from current events, one of the best is the importance of locating the exit door.
No, I'm not talking about the door that leads to the parking lot. Instead, ... (read more)
e-Signatures Are Safe8 March 2001
As businesses have increased use of electronic records and contracts, one practical problem has been that you can't use a pen to sign a computer screen. (Well, technically you can sign the screen, but then you'd have to put the whole monitor in the file cabinet.) The good news for business is that now you ... (read more)
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