Published Articles
  1. Andrew to Speak on July 10 at Webinar Sponsored by GOAL About ICANN’s New gTLDs

    Andrew to Speak on July 10 at Webinar Sponsored by GOAL About ICANN’s New gTLDs

      I will speak at a GOAL (Global Outsourcing Association of Lawyers) webinar on July 10, 2012 re one of the  most significant changes to the Internet, ICANN’s expansion of the namespace to include an unlimited new number of generic top-level domains (gTLDS) in any language. I will cover the following: a. Who applied for a gTLD  and why b. Read more

  2. As a result of Viacom v. YouTube the Future of the Red Flag Standard in DMCA Litigation Is Black

    As a result of Viacom v. YouTube the Future of the Red Flag Standard in DMCA Litigation Is Black

    Thankfully the Second Circuit in Viacom v. YouTube  has reversed Judge Stanton’s see no evil, speak no evil opinion which had granted summary judgment to YouTube. But in response to the “most important” issue the appellate court stated it faced, that court dropped the ball. The issue was whether the actual and red flag standards in § 512(c)(1)(A)(i) and (ii) of the DMCA each required actual knowledge of specific and identifiable infringements. Read more

  3. Andrew Berger to Speak at Intellectual Property and Technology Association at Cornell Law School on Brand Protection

    Andrew Berger to Speak at Intellectual Property and Technology Association at Cornell Law School on Brand Protection

      Andrew will speak to the Intellectual Property and Technology Association at Cornell Law School on Tuesday evening March 26, 2012 on How Brands May Protect Themselves Against New Forms of Online Attacks and Infringements. Information about the program is here. Read more

  4. What Copyright Management Information Does the DMCA Protect?

    What Copyright Management Information Does the DMCA Protect?

    The genesis of this post is a recent copyright infringement case we handled that dealt with a relatively unexplored corner of the Digital Millennium Copyright Act (“DMCA), defendant’s removal of copyright management information (CMI) and the statutory damages that arise from that DMCA violation. Three DMCA Issues that Divide the Courts In researching the DMCA claims, we noted that three issues have divided the courts: (a) is CMI as defined in §1202 of the DMCA restricted to digitally encoded information contained in an automated copyright protection or rights management system or does CMI extend to any identifying information about a copyrighted work, digital or not; (b) does the DMCA only protect CMI if it’s on the face of a copyrighted work or does protection include CMI that is elsewhere on the page where the work appears; and (c) what constitutes a violation of the DMCA for purposes of computing statutory damages. Read more

  5. How to Protect Your Intellectual Property When Outsourcing

    How to Protect Your Intellectual Property When Outsourcing

    Thinking about outsourcing? Take a deep breadth and you may want sit down till the thought passes. Many outsourcing arrangements fail for a variety of reasons and even when they succeed the costs incurred may be more than the costs saved. One of the biggest risks is protecting your intellectual property (“IP”) when it is outsourced. There are no silver bullets that will guarantee protection. Read more

  6. Global Intellectual Property (IP) Offshoring Panel Discussion – Trends and Challenges in IP Offshoring – 15 Feb 2012

    Global Intellectual Property (IP) Offshoring Panel Discussion – Trends and Challenges in IP Offshoring – 15 Feb 2012

    Andrew will speak about the IP issues surrounding outsourcing at a webinar sponsored by Global Outsourcing Association of Lawyers (GOAL),  on February 15, 2012 at noon EST. The program is intended for:
    • Buyers of legal outsourcing services – law firm partners, counsels, IP counsel and practitioners based in the US, UK and other markets;
    • Service Providers of legal outsourcing services – LPO executives, emerging LPOs from vendor locations in Asia, Africa, UK/Europe, America and others; and
    • Investors, Software Vendors, Researchers, Academicians and other interested stake holders of LPO industry.
    Read more

  7. Presentation at MENG Chapter on Protecting Your Brand and Intellectual Property from Online Infringement

    Presentation at MENG Chapter on Protecting Your Brand and Intellectual Property from Online Infringement

    Andrew will speak at a MENG (Marketing Executives Networking Group) NY chapter meeting on Tuesday evening February 7, 2012, on protecting your intellectual property from new forms of online infringements and brand attacks. The transcript of the talk is here. This is an outline of some of what he will cover. Andrew will discuss why global infringement is a increasing and what brand owners can do to combat it. Read more

  8. Should You Apply for an ICANN Top-Level Domain: the Benefits and the Pitfalls

    Should You Apply for an ICANN Top-Level Domain: the Benefits and the Pitfalls

      Now that the window has opened for submitting new top-level domain name applications, should you apply? Before tying to answer that question, a little background. The Internet Corporation for Assigned Numbers and Names, or ICANN, that regulates the use of Internet domain names announced last June that it would open the field of generic top-level domains (“gTLD”), the identifiers to the right of the dot (.com, .biz, .org) from the current 22 to any word in any language. Read more

  9. Webinar on Protecting IP in US and Abroad From Online Infringement and Brand Attacks

    Webinar on Protecting IP in US and Abroad From Online Infringement and Brand Attacks

      Andrew will speak at a webinar on January 26, 2012 at 10:00 am sponsored by the International Executive Resources Group on protecting your IP in the US and abroad from new forms of online infringements and brand attacks. Andrew will begin by discussing three reasons why global infringement is a growing and what governments and copyright holders are doing here, in Europe and China to combat it. Read more

  10. Why It’s Difficult to Predict the Amount of Statutory Damages Plaintiff Will Be Awarded in Copyright Litigation-Revised Version

    Why It’s Difficult to Predict the Amount of Statutory Damages Plaintiff Will Be Awarded in Copyright Litigation-Revised Version

              Mastering Rubik’s Cube may be easier. Predicting the amount of statutory damages that will be awarded in copyright infringement litigation continues to confound attorneys on both sides of the fence. Why? Here are some reasons. But first a few words of explanation.  I originally wrote this post in April of 2010. I decided to update it after some of the cases I mentioned went through further appeals and retrials.  Read more

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