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Topic: CyberLaw
The new items published under this topic are as follows.

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Safe Harbors, DMCA Protects Web Site Owners
By Elliot Zimmerman on Monday, February 02, 2004 - 10:04 PM
The DMCA limits liability of web site owners who are unaware that infringing material is contained within or being uploaded to their web site. 17 U.S.C. 512 et seq. provides safe harbors to web site owners who comply with the statute. The statute's requirements include designating an agent to accept notice of copyright infringement, providing a good address, email and phone number of that agent at the web site, filing a form with the U.S. Copyright Office with the foregoing information and paying the fee.

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Grokster Appeal Day (2-3-4)
By Elliot Zimmerman on Monday, February 02, 2004 - 08:29 PM
Fred Von Lohmann, Senior Staff Attorney at the Electronic Frontier Foundation (EFF), was quoted as saying "MGM v. Grokster is about whether copyright owners have the right to veto new technologies and stifle innovation ... Innovators have a great deal at stake in the conflict over peer-to-peer (P2P) software."

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Extending Verizon to RIAA v. Charter Communications
By Elliot Zimmerman on Tuesday, January 27, 2004 - 05:03 AM

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RIAA Files Music Suits Against 532 Unnamed Defendants
By Elliot Zimmerman on Wednesday, January 21, 2004 - 09:37 PM
The Recording Industry Association of America launched its largest wave of file-swapping lawsuits, filing new copyright infringement suits against 532 currently unnamed individuals.

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Supreme Court Denies Aimster's Appeal 1.12.04
By Elliot Zimmerman on Wednesday, January 14, 2004 - 05:57 AM
The U.S. Supreme Court denied Aimster's appeal of the adverse decision at 334 F.3d 643, 6-30-03. See Supreme Court Order, 03-658, cert. denied, 1-12-04.

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P2P File Sharing and Copyright Infringement
By Elliot Zimmerman on Sunday, January 11, 2004 - 12:25 AM
By Elliot M. Zimmerman

Some view the internet as an abandoned warehouse filled with free pictures, music, video and text files fixed o­n a hard disk somewhere out there in cyberspace. Granted, some files are not protected by copyright law because the material contained in them has entered the public domain. In some instances, the use of certain files may constitute a fair use under 17 U.S.C. 107 et seq. On the other hand, the use and sharing of other files may lead to severe civil and criminal penalties under 17 U.S.C. 501 et seq.

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President Signs CAN-SPAM Act of 2003
By Elliot Zimmerman on Wednesday, December 24, 2003 - 06:42 AM

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Dutch Supreme Court Rules for Kazaa
By Elliot Zimmerman on Tuesday, December 23, 2003 - 01:03 PM
Read the article here.

See 17 U.S.C. 512(c)(2) et seq. to learn how an ISP may insulate itself from suits for copyright infringement under U.S. law.

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RIAA May Not Subpoena ISP Verizon
By Elliot Zimmerman on Tuesday, December 23, 2003 - 06:28 AM
The recording industry can't force Internet providers to identify music downloaders, a federal appeals court said Friday in a major decision shielding online privacy while undercutting the industry's anti-piracy campaign. Read the decision of the U.S. Court of Appeals for the District of Columbia here.

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CAN-SPAM Act of 2003
By Elliot Zimmerman on Thursday, November 27, 2003 - 09:33 PM
On 11/25/03, the Senate passed the CAN-SPAM Act of 2003, which will preempt state law when signed by the President, who is expected to do so shortly. This is the first federal legislation directly regulating SPAM.

Very basically, the bill requires senders of unsolicited commercial email to provide recipients with a functioning process to opt out (i.e. the "remove" link must work), a real address, and a real contact. The bill prohibits civil suits by individuals and requires the establishment of an opt-out list individuals can join (similar to the o­ne for unwanted telephonic solicitations). Senders of fraudulent email face severe criminal penalties.

The bill (877) has been criticized by states with tougher spam laws as being too weak.

You can read the version that will more than likely become law shortly at the link below and decide for yourself.

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CyberLaw Offices

Elliot Zimmerman, P.A.

Attorney At Law
Board Certified Intellectual Property Lawyer

Board Certified Intellectual Property Lawyer

1776 N. Pine Island Road, Suite 224
Plantation, Florida 33322

(954) 565-6996

CyberLaw.Info (tm): CyberLaw, Internet Law, Entertainment Law, Music Law. Board Certified Intellectual Property Lawyer. Rated AV by Martindale-Hubbell. Personal Injury Law, Insurance Law and Litigation. CyberLaw Attorney, Internet Lawyer, Entertainment Lawyer, Music Lawyer, Personal Injury Lawyer, Insurance Lawyer and Litigator Serving Fort Lauderdale, Boca Raton, Weston, Plantation, Hollywood, Hallandale, Pompano Beach, Delray Beach, Boynton Beach, Palm Beach, Aventura, Miami, and Southeastern Florida (Broward County, Palm Beach County and Dade County) since 1981.

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Law firm licensed to practice law by the State of Florida and the United States District Court for the Southern District of Florida since 1981. Board Certified Intellectual Property Lawyer authorized to engage in a multi-jurisdictional federal copyright and trademark practice.

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. You may view Mr. Zimmerman's qualifications and experience here.

Not all results are provided, the results are not necessarily representative of results obtained by the lawyer, and a prospective client's individual facts and circumstances may differ from the matter in which the results are provided.

Nothing in this web site should be construed as legal advice to you and does not establish an attorney client relationship between us. You should not rely upon any information contained herein without separate independent legal research and advice. Our law firm is under no obligation to respond to correspondence, including, without limitation, email, until a written retainer agreement is executed. Nothing contained herein should be construed as an endorsement of any and all products or services contained herein or accessible herethrough. By using this web site you agree to abide by our Terms of Use and Privacy Policy. Advertisement.

Our Designated Agent Under 17 U.S.C. 512(c)(2) to Receive Notification of Claimed Copyright Infringement and Registered Agent to Accept Service of Process is: Mr. Elliot M. Zimmerman, Esq., President of Elliot Zimmerman, P.A., a Florida Professional Association, 1776 N. Pine Island Rd., Ste. 224, Plantation, Broward County, FL 33322, Phone: 954.565.6996, Email:

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