Author Information
Chip Cooper
Member since 06th April 2008
Occupation: Attorney Chip Cooper is a leading intellectual property, software, and Internet attorney who advises software and ecommerce businesses nationwide. Visit digicontracts.com to download his FREE newsletter and report, “12 SURE-FIRE Ways Your Website Can Get You Sued”.
Displaying 1 to 15 (of 20 articles)
24th November 2008
In October 2008, the Federal Trade Commission (FTC) announced that it is delaying enforcement of the Red Flag rules six months to May 1, 2009.
The reason for the delay is uncertainty over who is covered. Just who is covered (and therefore liable for fa...
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15th October 2008
If you're like most small ecommerce businesses, you'll write your own product/service descriptions. In doing so, you will encounter a legal pitfall unknown to most... you may be creating unintended warranties that could result in substantial liability.
...
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01st October 2008
Clients frequently ask me, "click-wrapped", "browse-wrapped" -- what do these terms mean? Are they the typical legal mumbo jumbo?
Your Customer Agreement (often called a Subscription Agreement, Membership Agreement, or SaaS Agreement) is a so-called "c...
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22nd September 2008
I've always been a stickler for advising my clients to comply with applicable laws regarding the posting, maintenance, and amendment of their privacy policies and related regulations regarding data security. The reason... because there's substantial expos...
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15th September 2008
Employers have typically used several legal theories in actions against disloyal former employees -- copyright infringement for copying copyrighted code, trade secret misappropriation where the employee misuses or discloses confidential information or tra...
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03rd September 2008
The terms -- "shrink-wrapped", "click-wrapped", and "browse-wrapped" -- are in widespread use. They describe certain types of contracts, past and present. Originally, these agreements were used solely for the licensing of PC software. Now, they're used fo...
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23rd July 2008
If you're a small ecommerce business, you know that virtually anything that provides significant increases in conversion rates will get a lot of attention.
Behavioral ads promise just that -- higher conversion rates than conventional contextual ads -- ...
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21st July 2008
User generated content (UGC) is a rapidly growing phenomenon on the Internet. Popular social networking sites that rely on UGC for content include YouTube, MySpace, Facebook, Friendster, just to name a few. Generally, UGC refers to various kinds of media ...
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17th July 2008
Commercial email is one of the most significant -- if not the most significant -- marketing tool of small ecommerce websites.
For this reason, it's a good idea to stay current with the CAN-SPAM Act's email rules. In May, the Federal Trade Commission (F...
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01st July 2008
If you're like most small ecommerce businesses, you're likely to write your own marketing copy. Be aware that this is a highly regulated area that could result in substantial liability. I've boiled most of the regulations into 2 basic traps you must avoi...
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01st July 2008
The federal CAN-SPAM Act permits the sending of unsolicited email advertisements under certain conditions. One condition is that header information in the email should not be "materially false or materially misleading". What does this mean, and if you mak...
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26th June 2008
We've all been there before.
There's some graphics or content (or even website legal documents) on the web that you like... there's no copyright notice associated with it.
You'd like to take it and incorporate it into your site, right?
It's so te...
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21st June 2008
To be successful, ecommerce sites require information about site visitors.
What sites are the top referrers? Which search engine produces the most traffic? How long do visitors remain on-site, what is their pathway through the site, and what pages do t...
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20th June 2008
If you're like most small ecommerce businesses, you'll need to amend your Customer Agreement from time to time. You might want to add a new membership option... or add a clause for a money-back guarantee, just to name a couple of examples.
Note that yo...
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20th May 2008
All too often, website owners are lax in nailing down ownership and control of valuable domain names, and as a result, are often required to litigate these issues costing them thousands. The case of Dawson v. Brandsberg illustrates these costly mistakes a...
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