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Article Check - Web Hosting and Emerging Internet Law
There are many different advantages and benefits of having an e-commerce site on the internet.There is much to gain for a consumer which will encourage them to use an online store rather than the conventional shopping methods. These advantages are:Choice - the web empowers the consumer and gives them increased choice of what to buy, when to buy and a greater range of prices. Vast selection online – when using the internet to browse for what to buy, products can be reviewed with no cost in money and relatively little time spent. Quick comparison – comparisons can be made on a range of areas including price, specification, quality and availability in a matter of minutes from the comfort of their own home.Potential pitfalls that customers need to consider and therefore fears that need to be allayed by any potential e-tailer include:• Customers prefer to make some buying decisions in store with certain products for example clothing, perfume & shoes.• Some products require in-store help.• Products that can have potential delivery problems.• Some website tools to help customers reach decisions are inflexible, designed without considering how people really purchase.When considering the consumer in relation to an online store, various ideas and notions need to be considered and reviewed.All consumers are generally risk averse, and will always attempt to try to reduce risk during the purchasing process. This is no different when dealing with an e-commerce customer. Therefore there is a need for the e-tailer to consider and deal with areas that help to reduce risk or perceived risk in the eyes of the consumer.Guaranteeing customer satisfaction and ensuring that brand loyalty begins to grow will help to reduce the likelihood of a consumer worrying about risks. Also, if a customer is satisfied with all aspects of the service provided whilst they are shopping in an e-commerce store then there is not much of an incentive to risk trying to find an alternative and the customer is theref
While each user is expected to exercise common sense and good judgment in connection with the services it utilizes on the Internet, web hosting companies do have terms of service rules in place, to govern such things as spamming, and maintaining open SMTP relays. It is ultimately up to the users to exercise the best judgment possible, in relying on information obtained from the Internet. When users and/or consumers disseminate information through the Internet, they also must keep in mind that web hosting companies do not review, edit, censor, or take responsibility for any information its users, clients or subscribers may create. The very same liability as other authors for copyright infringement, defamation, and other harmful speech, apply to users on the Internet.
The outcome of recent Internet patent litigation will most certainly begin to set precedents
In many of the cases, the judge and/or jury is asked to make determinations as to deep issues of technological equivalence as to fast-advancing technology at a particular point in time, which can greatly affect how we continue to do business on the Internet, and the future laws that may result of such litigation.
Many patents, have implications far beyond the alleged infringement specified. A patent found valid by a jury acquires more than the normal status of ''presumption of validity,'' in that it may be used against other parties. All future parties, whether or not they are a party to the lawsuit, are affected. Therefore, patent validity lawsuits have the power to impact much more than just the two parties involved, unlike other business litigation.
Given the fact that Internet law, as a whole, is still largely in unchartered territory, the question of what positive role government can play in a regulatory regime, remains to be seen. Coupled with the fear that new technology laws may allow governments or big business to oppress society, giving them the wherewithal to block freedom of speech rights, such as viewing published materials and other forms of censorship, the spectrum of views on Internet regulation can appear to be endless. The only thing we know for certain, is that the Internet is here to stay. As such, the core issues surrounding the essence and vastness of the Internet, such as of freedom of speech, net neutrality, patent and content infringement, will continue to be at the forefront. How Congress rules on the bills addressing net neutrality, the Communications, Consumer's Choice, and Broadband Deployment Act in the Senate, and the Internet Freedom and Nondiscrimination Act in the House, will affect the way the public continues to utilize the Internet and ultimately, may determine the success or failure of online businesses and web hosting co
Why is everbody only wanting to try and market on Myspace? There are so many other Grapevine sites out there like MySpace. Have you read the terms of service on MySpace? Talk about rules like another Nazi Gemany. There is rules forbidding everything in their TOS. I have done some research on social networking sites and visited them. I am so surprised that no one is trying to do any sort of marketing on them. These are all virgin territory.I have joined some of these other Grapevine sites and this weekend i will spend more time on them. if they all have forums then I will start posting comments with links in my signature. The great thing about these sites is that they are not littered with profiles of Escorts, Hookers, and other's. I have had so many comments post on my MySpace profile from these girls saying they specialize in entertaining men like me. I am not some lonely old man looking for the company of a young escort. Have you looked at the forums on Myspace, there is so much junk posted on there.I found this great site which lists all the Grapevine sites with ratings from users. I think it is called SocialNetwork.in . Not sure what the .in comes from but it is a great site to find an alternative at. if you want to see a lot of results just visit Google and type in the following exactly "social network",+directory . You can also try it with the s at the end of social network but when I tried it the results came out better without the s.I would think that if you are a good ethical marketer that you might want to look at the alternatives. You would have so little competition. These sites can be the pot of gold at the end of the rainbow for marketers. Just stay away from using them for blatant SPAM. Post useful comments with links in your signature. Some people do this with the blatant SPAM and then we all lose even the ones with good ethics.
With Internet-based intellectual property lawsuits on the rise, the question has become: how will Internet law keep up with the freedom of speech issues - and, to what degree will these laws affect the web hosting industry as a whole? The ramifications of some recent Internet litigation, and its impact on the web hosting industry are presented and examined below.
Patent Litigation
Recently, a Canadian firm has claimed infringement upon a patent it owns, with regard to Resource Description Framework (RDF), a software based upon Extensible Markup Language (XML). Using this technology, programmers can write software to access web resources, such as web page content, music files and digital photos. Vancouver-based UFIL Unified Data Technologies, holds U.S. patent 5,684,985, a '''method and apparatus utilizing bond identifiers executed upon accessing of an endo-dynamic information node,'' awarded in November 1997. According to the Patent Enforcement and Royalties Ltd. (PEARL)'s web site, as many as 45 companies may be infringing upon the patents. It is believed that the patent may also infringe on the RDF Site Summary standard (web content that's written in something other than HTML). For example, RSS (originally developed by Netscape Communications, now owned by AOL Time Warner), allows web sites to exchange information and content.
The World Wide Web Consortium (W3C), which evaluates and recommends standards for web technologies, has endorsed the RDF standard. PEARL has been engaged to work with UFIL, to enforce the claims, since 1999. According to information released by the W3C, Daniel Weitzner, Technology and Society Domain Leader, indicated that the Consortium had not been approached directly regarding the patent issue. Mr. Weitzner stated, ''We consider it to be quite important that fundamental technology specifications such as RDF should be able to be implemented on a royalty-free basis. If anything comes to our attention that suggests that's not possible, we'll pay attention to legitimate property rights out there, but at the same time, RDF was developed in the open by a very broad range of the web community.''
Freedom of Speech Issues
An amicus brief was recently filed by Yahoo!, Inc., in its lawsuit against LaLigue contre le Racisme et l' Antisemitisme, Case No. 01-17424 (9th Cir.). Later this year, a federal appellate court will decide whether or not French anti-discrimination law can restrict freedom of speech on U.S.-based web sites that are accessible in France.
In 2000, a Paris court ruled that the Yahoo! web site violated French law, due to the fact that its users offered certain Nazi artifacts for sale. In order to force compliance with the order, French plaintiffs must seek enforcement from a U.S. court. In response, Yahoo! sought a declaratory ruling and a federal district court held that enforcing the French order would violate the First Amendment. The matter is now on appeal. The Yahoo! case presents the question of whether the Internet should be governed by myriad local censorship laws from around the world. U.S. courts have held uniformly that the Internet should receive the highest degree of First Amendment protection.
Web.com's Patent and Intellectual Property with Web Hosting Company, Hostopia
In July, 2006, Atlanta-based web hosting, managed email, ecommerce, and online business applications giant, Web.com,
entered into a non-exclusive license agreement with web hosting firm, Hostopia.com Inc., granting Hostopia the rights to two of Web.com's patents over five years, on a non-transferable basis. Web.com's portfolio of 19 registered, and numerous pending, U.S. patents relates to several core technologies that are vital to the web hosting industry.
The licensed patents broadly cover methods for website building and web hosting control panels. According to the agreement, Hostopia will pay Web.com a royalty equal to 10% of their gross U.S. retail revenues for five years. In addition, the companies have entered a cross-license agreement in which Web.com was granted rights to thousands of HTML and FLASH website templates and a license to additional intellectual property in the future at no additional cost. The companies have also agreed to a mutual covenant not to sue for patent infringement.
Spokespersons for Web.com had this to say, concerning the licensing agreement with Hostopia:
''Web.com has a portfolio of 19 registered patents with several additional pending patents. Web.com's patents touch on a number of key technologies that are vital to the web hosting and Software-as-a-Services industries. Web.com's first patent license transaction was a milestone for the Company as it validated Web.com's belief in the value of its patents. Hostopia paid Web.com an amount that was roughly equal to 10% of Hostopia's U.S. retail revenues over five years. Web.com intends to use its patent rights as a means of extending its brand and its technology so as to create value for its shareholders and to protect its innovations.''
With
regard to the legalities of Internet content, Web.com's representative stated: ''Copyright Website owners and other authors (like bloggers, for example) own the content they create under general principles of copyright law. Copyright law grants the author of any "work" the exclusive right to copy and reproduce that work. Copyright law extends not only to the written word, but also to music, dramatic works (like plays and moves), art, sculpture any other forms of creative expression that are fixed in a tangible medium of expression. Conflicts easily arise on the web because web technology makes it so easy for web users to copy and download content, including music, video, pictures and text. While the author of an article may not object to a web user who links to a copy written article, the author will object if someone copies his article and re-publishes it as if it were a new article. Generally, web hosts are not responsible if one of their clients violates a copyright holder's rights by illegally copying content onto the client's website. The Digital Millennium Copyright Act creates a "safe harbor" from liability for web hosts that follow a specific process in responding to notices from copyright holders alleging copyright infringement from content on a client's website. Among other requirements, the web host must suspend a client's website after the host receives a formal notice that meets the statutory requirement. The host may resurrect the client's site, however, if the client responds with a sworn statement denying any infringement so long as the client's denial also satisfies the statute. So long as the host follows the specific requirements of the statute, the host is not liable even if a court ultimately determines that its client was violating another party's copyright.''
As to
content - trademark conflicts, Web.com's spokesperson went on to reiterate: ''Involvement trademark disputes are more difficult for hosts to manage, however. Unlike copyright law -- which protects the author of an original work -- trademark law protects the brand name of a seller of goods or services. A potential copyright infringement is often easy to see if the infringing site blatantly copies words or images that are protected by copyright. Trademark infringement is trickier to spot, however, as a trademark right in most cases will only extend to the "scope of use" covered by the holder's goods or services. For example if Company A sells "BrandName" widgets, it may have trademark rights to "BrandName". But, Company A's rights, in most cases, will not prevent Company B from using BrandName to sell goods or services that are different from those sold by Company A. The challenge for web hosts arises when a client website advertises BrandName goods or services but a third party claims trademark rights to "BrandName". How can the host know if the third party's rights are superior? How can the host tell if the client's products are within the third party's "scope of use."
To avoid liability for participating in a client's possible trademark infringement, savvy web hosts will develop processes to follow to respond to allegations of trademark infringement and to ensure that clients resolve those claims. Among other things, a savvy web host will make sure that its client agreement obligates the client to resolve those claims and indemnify the web host for any liability it might have for the client's failure to do so.''
Web.com's representative concluded, commenting on the issue of publication liability, stating that ''Another type of potential content problem for web hosts involves liability for defamation. Defamation is a cause of action (or potential lawsuit) that arises when a party publishes a false statement, knowing that it is false, and that publication injures another person. For example, if a client posted on its website the statement: "Company X's products cause cancer" and if the client knew that statement were false, the client could be liable for defamation to Company X. If the client honestly believed the statement to be true, however, the client would generally not be liable. Defamation liability would make the web hosting industry impossible if it weren't for the Communications Decency Act passed by Congress in the late 1990s. Under the Communications Decency Act (or "CDA"), web hosts and other "Internet service providers" are not liable for the publications (or statements) of their clients so long as they are not contributors to those statements.''
IBM v. Amazon.com
Amazon.com is involved in patent litigation with IBM, in two separate lawsuits. Five patents are alleged to have been violated, as far as the 1980s, all regarding cataloging and data referencing, including alteration of online content. It has been reported in press releases issued by IBM, that ongoing negotiations since 2002 have failed, that hundreds of other companies have licensed the same patents, and that IBM has attempted to negotiate licensing deals with Amazon. Since Amazon.com is largely based upon web technologies and the ability to quickly process transactions over the Internet, it would seem that if it were a mere matter of licensing, they wouldn't have any problem. It may be that they feel IBM's patents are too broad, and cover technologies they developed themselves in-house.
Net Neutrality
One of the most important freedom of speech aspect of the Internet, is that no one party owns or controls it. However, as telephone and digital companies continue to grow through mergers and acquisitions, Internet and related laws, and the concepts and issues that govern it, have come to the forefront, as a new and legitimate concern for all netizens.
Issues such as network (''net'') neutrality, have become contested areas of law in the United States. Internet giants, such as Google, eBay, and Amazon, fear that network owners will create a biased, two-tier Internet system, unfairly placing telco services first, in addition to the concern that network owners may seek to entirely censor or block content at their own discretion, creating partiality. The terms of the debate place neutralists (such as the Internet's largest content providers), against free-marketeers (including Telcos) who argue against such regulation, deeming it to be counter-productive and even unconstitutional.
The fact remains, that exercising the rights associated with free speech and the Internet, places a high premium on the judgment and responsibility of those who use the it, both in the information they acquire and in the information they disseminate. In order for web hosting companies to survive, it is essential that consumers realize and understand, that when they obtain information through the Internet, web hosting companies cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that is available.
Therefore, some material posted to the Internet may be subject to patent and/or copyright infringement, deemed inappropriate for certain ages, or otherwise offensive. Because web hosting companies are not in a position to monitor or censor the Internet, they cannot accept any responsibility for the consequences that may result from potentially infringing, inaccurate, offensive, inappropriate, or otherwise illegal Internet communications.
While each user is expected to exercise common sense and good judgment in connection with the services it utilizes on the Internet, web hosting companies do have terms of service rules in place, to govern such things as spamming, and maintaining open SMTP relays. It is ultimately up to the users to exercise the best judgment possible, in relying on information obtained from the Internet. When users and/or consumers disseminate information through the Internet, they also must keep in mind that web hosting companies do not review, edit, censor, or take responsibility for any information its users, clients or subscribers may create. The very same liability as other authors for copyright infringement, defamation, and other harmful speech, apply to users on the Internet.
The outcome of recent Internet patent litigation will most certainly begin to set precedents
In many of the cases, the judge and/or jury is asked to make determinations as to deep issues of technological equivalence as to fast-advancing technology at a particular point in time, which can greatly affect how we continue to do business on the Internet, and the future laws that may result of such litigation.
Many patents, have implications far beyond the alleged infringement specified. A patent found valid by a jury acquires more than the normal status of ''presumption of validity,'' in that it may be used against other parties. All future parties, whether or not they are a party to the lawsuit, are affected. Therefore, patent validity lawsuits have the power to impact much more than just the two parties involved, unlike other business litigation.
Given the fact that Internet law, as a whole, is still largely in unchartered territory, the question of what positive role government can play in a regulatory regime, remains to be seen. Coupled with the fear that new technology laws may allow governments or big business to oppress society, giving them the wherewithal to block freedom of speech rights, such as viewing published materials and other forms of censorship, the spectrum of views on Internet regulation can appear to be endless. The only thing we know for certain, is that the Internet is here to stay. As such, the core issues surrounding the essence and vastness of the Internet, such as of freedom of speech, net neutrality, patent and content infringement, will continue to be at the forefront. How Congress rules on the bills addressing net neutrality, the Communications, Consumer's Choice, and Broadband Deployment Act in the Senate, and the Internet Freedom and Nondiscrimination Act in the House, will affect the way the public continues to utilize the Internet and ultimately, may determine the success or failure of online businesses and web hosting com
So what is Internet marketing success? I think Internet marketing success means something different to each person. For me, Internet marketing success means having the freedom to travel, to teach, to help people and to vacation whenever I choose and to have the financial freedom to do all of those things. To others, Internet marketing success might mean a specific income level, or simply making an Internet Web business profitable.For the purpose of this article, I am going to assume that Internet marketing success means to you what it does to me. That means that Internet marketing success for the purpose of this article means having the freedom to travel, to teach people, and to vacation whenever you choose.So what are Internet marketing success secrets and techniques?Probably the most important Internet marketing success secret is desire. The Internet is not easy to master, although it is simple to use. There is no such thing as get-rich-quick -- my opinion is that most websites that promise radical levels of income in short periods of time are scams. Most things you try to do on the Internet have a huge learning curve.What does this mean? This means that you have to have the desire to succeed in Internet marketing, or you will fail. I believe that there are basically two levels of success in Internet marketing, one is that of achieving your goals, and the other is that a failing. Which do you choose?Now that we have established that desire is the premier Internet marketing success secret, what are the basic techniques for getting started online?The basic techniques for Internet marketing success are:1. You must decide on a specialized area, or a niche.2. You must decide to learn to build a webpage. You must have your own website and webpages, not someone else's. Do not use a free web host, they are free for a reason. It is well worth $10 or $20 per month to have your own website. If you do not have $10 or $20 per month to spend on your own website, you probably should not be online. Without a website, you cannot realistic
Web.com's Patent and Intellectual Property with Web Hosting Company, Hostopia
In July, 2006, Atlanta-based web hosting, managed email, ecommerce, and online business applications giant, Web.com,
entered into a non-exclusive license agreement with web hosting firm, Hostopia.com Inc., granting Hostopia the rights to two of Web.com's patents over five years, on a non-transferable basis. Web.com's portfolio of 19 registered, and numerous pending, U.S. patents relates to several core technologies that are vital to the web hosting industry.
The licensed patents broadly cover methods for website building and web hosting control panels. According to the agreement, Hostopia will pay Web.com a royalty equal to 10% of their gross U.S. retail revenues for five years. In addition, the companies have entered a cross-license agreement in which Web.com was granted rights to thousands of HTML and FLASH website templates and a license to additional intellectual property in the future at no additional cost. The companies have also agreed to a mutual covenant not to sue for patent infringement.
Spokespersons for Web.com had this to say, concerning the licensing agreement with Hostopia:
''Web.com has a portfolio of 19 registered patents with several additional pending patents. Web.com's patents touch on a number of key technologies that are vital to the web hosting and Software-as-a-Services industries. Web.com's first patent license transaction was a milestone for the Company as it validated Web.com's belief in the value of its patents. Hostopia paid Web.com an amount that was roughly equal to 10% of Hostopia's U.S. retail revenues over five years. Web.com intends to use its patent rights as a means of extending its brand and its technology so as to create value for its shareholders and to protect its innovations.''
With
regard to the legalities of Internet content, Web.com's representative stated: ''Copyright Website owners and other authors (like bloggers, for example) own the content they create under general principles of copyright law. Copyright law grants the author of any "work" the exclusive right to copy and reproduce that work. Copyright law extends not only to the written word, but also to music, dramatic works (like plays and moves), art, sculpture any other forms of creative expression that are fixed in a tangible medium of expression. Conflicts easily arise on the web because web technology makes it so easy for web users to copy and download content, including music, video, pictures and text. While the author of an article may not object to a web user who links to a copy written article, the author will object if someone copies his article and re-publishes it as if it were a new article. Generally, web hosts are not responsible if one of their clients violates a copyright holder's rights by illegally copying content onto the client's website. The Digital Millennium Copyright Act creates a "safe harbor" from liability for web hosts that follow a specific process in responding to notices from copyright holders alleging copyright infringement from content on a client's website. Among other requirements, the web host must suspend a client's website after the host receives a formal notice that meets the statutory requirement. The host may resurrect the client's site, however, if the client responds with a sworn statement denying any infringement so long as the client's denial also satisfies the statute. So long as the host follows the specific requirements of the statute, the host is not liable even if a court ultimately determines that its client was violating another party's copyright.''
As to
content - trademark conflicts, Web.com's spokesperson went on to reiterate: ''Involvement trademark disputes are more difficult for hosts to manage, however. Unlike copyright law -- which protects the author of an original work -- trademark law protects the brand name of a seller of goods or services. A potential copyright infringement is often easy to see if the infringing site blatantly copies words or images that are protected by copyright. Trademark infringement is trickier to spot, however, as a trademark right in most cases will only extend to the "scope of use" covered by the holder's goods or services. For example if Company A sells "BrandName" widgets, it may have trademark rights to "BrandName". But, Company A's rights, in most cases, will not prevent Company B from using BrandName to sell goods or services that are different from those sold by Company A. The challenge for web hosts arises when a client website advertises BrandName goods or services but a third party claims trademark rights to "BrandName". How can the host know if the third party's rights are superior? How can the host tell if the client's products are within the third party's "scope of use."
To avoid liability for participating in a client's possible trademark infringement, savvy web hosts will develop processes to follow to respond to allegations of trademark infringement and to ensure that clients resolve those claims. Among other things, a savvy web host will make sure that its client agreement obligates the client to resolve those claims and indemnify the web host for any liability it might have for the client's failure to do so.''
Web.com's representative concluded, commenting on the issue of publication liability, stating that ''Another type of potential content problem for web hosts involves liability for defamation. Defamation is a cause of action (or potential lawsuit) that arises when a party publishes a false statement, knowing that it is false, and that publication injures another person. For example, if a client posted on its website the statement: "Company X's products cause cancer" and if the client knew that statement were false, the client could be liable for defamation to Company X. If the client honestly believed the statement to be true, however, the client would generally not be liable. Defamation liability would make the web hosting industry impossible if it weren't for the Communications Decency Act passed by Congress in the late 1990s. Under the Communications Decency Act (or "CDA"), web hosts and other "Internet service providers" are not liable for the publications (or statements) of their clients so long as they are not contributors to those statements.''
IBM v. Amazon.com
Amazon.com is involved in patent litigation with IBM, in two separate lawsuits. Five patents are alleged to have been violated, as far as the 1980s, all regarding cataloging and data referencing, including alteration of online content. It has been reported in press releases issued by IBM, that ongoing negotiations since 2002 have failed, that hundreds of other companies have licensed the same patents, and that IBM has attempted to negotiate licensing deals with Amazon. Since Amazon.com is largely based upon web technologies and the ability to quickly process transactions over the Internet, it would seem that if it were a mere matter of licensing, they wouldn't have any problem. It may be that they feel IBM's patents are too broad, and cover technologies they developed themselves in-house.
Net Neutrality
One of the most important freedom of speech aspect of the Internet, is that no one party owns or controls it. However, as telephone and digital companies continue to grow through mergers and acquisitions, Internet and related laws, and the concepts and issues that govern it, have come to the forefront, as a new and legitimate concern for all netizens.
Issues such as network (''net'') neutrality, have become contested areas of law in the United States. Internet giants, such as Google, eBay, and Amazon, fear that network owners will create a biased, two-tier Internet system, unfairly placing telco services first, in addition to the concern that network owners may seek to entirely censor or block content at their own discretion, creating partiality. The terms of the debate place neutralists (such as the Internet's largest content providers), against free-marketeers (including Telcos) who argue against such regulation, deeming it to be counter-productive and even unconstitutional.
The fact remains, that exercising the rights associated with free speech and the Internet, places a high premium on the judgment and responsibility of those who use the it, both in the information they acquire and in the information they disseminate. In order for web hosting companies to survive, it is essential that consumers realize and understand, that when they obtain information through the Internet, web hosting companies cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that is available.
Therefore, some material posted to the Internet may be subject to patent and/or copyright infringement, deemed inappropriate for certain ages, or otherwise offensive. Because web hosting companies are not in a position to monitor or censor the Internet, they cannot accept any responsibility for the consequences that may result from potentially infringing, inaccurate, offensive, inappropriate, or otherwise illegal Internet communications.
While each user is expected to exercise common sense and good judgment in connection with the services it utilizes on the Internet, web hosting companies do have terms of service rules in place, to govern such things as spamming, and maintaining open SMTP relays. It is ultimately up to the users to exercise the best judgment possible, in relying on information obtained from the Internet. When users and/or consumers disseminate information through the Internet, they also must keep in mind that web hosting companies do not review, edit, censor, or take responsibility for any information its users, clients or subscribers may create. The very same liability as other authors for copyright infringement, defamation, and other harmful speech, apply to users on the Internet.
The outcome of recent Internet patent litigation will most certainly begin to set precedents
In many of the cases, the judge and/or jury is asked to make determinations as to deep issues of technological equivalence as to fast-advancing technology at a particular point in time, which can greatly affect how we continue to do business on the Internet, and the future laws that may result of such litigation.
Many patents, have implications far beyond the alleged infringement specified. A patent found valid by a jury acquires more than the normal status of ''presumption of validity,'' in that it may be used against other parties. All future parties, whether or not they are a party to the lawsuit, are affected. Therefore, patent validity lawsuits have the power to impact much more than just the two parties involved, unlike other business litigation.
Given the fact that Internet law, as a whole, is still largely in unchartered territory, the question of what positive role government can play in a regulatory regime, remains to be seen. Coupled with the fear that new technology laws may allow governments or big business to oppress society, giving them the wherewithal to block freedom of speech rights, such as viewing published materials and other forms of censorship, the spectrum of views on Internet regulation can appear to be endless. The only thing we know for certain, is that the Internet is here to stay. As such, the core issues surrounding the essence and vastness of the Internet, such as of freedom of speech, net neutrality, patent and content infringement, will continue to be at the forefront. How Congress rules on the bills addressing net neutrality, the Communications, Consumer's Choice, and Broadband Deployment Act in the Senate, and the Internet Freedom and Nondiscrimination Act in the House, will affect the way the public continues to utilize the Internet and ultimately, may determine the success or failure of online businesses and web hosting co
While regarded by many as an imperfect way to choose a new employee, interviews are used by almost all organisations irrespective of size or sector. You may not like the process and indeed some fear interviews intensely however to get that crucial first job and to move up the career ladder you must become not only comfortable in the interview room but also learn how to become an excellent interviewee.Many candidates believe that having a great resume/CV is enough to see them through the interview and win the job offer. This is a common mistake that results in disappointment. The reality is that all candidates have a great resume/CV and in my experience it is often not the applicant with the best experience or skills who will win the job rather the one who performs best at the interview. So just what do you have to do to stand out of the crowd and impress on the interviewer that you are the right person for the job? This article looks at the key techniques that any job interview candidate can use, irrespective of the type or level of the position to succeed and win those great job offers.Be Prepared:A common mistake made by candidates is not being fully prepared and there really is no excuse. There is usually more than enough time from the date you receive your invite to the interview itself and proper preparation and practice will enhance greatly your ability to answer questions, to communicate and to present yourself in the best possible light. There is no one recommended way to prepare for an interview. Instead, there are key tools and techniques that can be used to improve one's chances of interview success. Find out as much as possible about the type and format of the interview. Research the company to find out how commercially viable it is, what skills are they looking for and discover if the company is right for you.Focus on your strengths:Remember that the organisation knows that you CAN do the job and they want you to confirm this to them during the interview. Don't let any negative experiences or a gap in your career for examp
As to content - trademark conflicts, Web.com's spokesperson went on to reiterate: ''Involvement trademark disputes are more difficult for hosts to manage, however. Unlike copyright law -- which protects the author of an original work -- trademark law protects the brand name of a seller of goods or services. A potential copyright infringement is often easy to see if the infringing site blatantly copies words or images that are protected by copyright. Trademark infringement is trickier to spot, however, as a trademark right in most cases will only extend to the "scope of use" covered by the holder's goods or services. For example if Company A sells "BrandName" widgets, it may have trademark rights to "BrandName". But, Company A's rights, in most cases, will not prevent Company B from using BrandName to sell goods or services that are different from those sold by Company A. The challenge for web hosts arises when a client website advertises BrandName goods or services but a third party claims trademark rights to "BrandName". How can the host know if the third party's rights are superior? How can the host tell if the client's products are within the third party's "scope of use."
To avoid liability for participating in a client's possible trademark infringement, savvy web hosts will develop processes to follow to respond to allegations of trademark infringement and to ensure that clients resolve those claims. Among other things, a savvy web host will make sure that its client agreement obligates the client to resolve those claims and indemnify the web host for any liability it might have for the client's failure to do so.''
Web.com's representative concluded, commenting on the issue of publication liability, stating that ''Another type of potential content problem for web hosts involves liability for defamation. Defamation is a cause of action (or potential lawsuit) that arises when a party publishes a false statement, knowing that it is false, and that publication injures another person. For example, if a client posted on its website the statement: "Company X's products cause cancer" and if the client knew that statement were false, the client could be liable for defamation to Company X. If the client honestly believed the statement to be true, however, the client would generally not be liable. Defamation liability would make the web hosting industry impossible if it weren't for the Communications Decency Act passed by Congress in the late 1990s. Under the Communications Decency Act (or "CDA"), web hosts and other "Internet service providers" are not liable for the publications (or statements) of their clients so long as they are not contributors to those statements.''
IBM v. Amazon.com
Amazon.com is involved in patent litigation with IBM, in two separate lawsuits. Five patents are alleged to have been violated, as far as the 1980s, all regarding cataloging and data referencing, including alteration of online content. It has been reported in press releases issued by IBM, that ongoing negotiations since 2002 have failed, that hundreds of other companies have licensed the same patents, and that IBM has attempted to negotiate licensing deals with Amazon. Since Amazon.com is largely based upon web technologies and the ability to quickly process transactions over the Internet, it would seem that if it were a mere matter of licensing, they wouldn't have any problem. It may be that they feel IBM's patents are too broad, and cover technologies they developed themselves in-house.
Net Neutrality
One of the most important freedom of speech aspect of the Internet, is that no one party owns or controls it. However, as telephone and digital companies continue to grow through mergers and acquisitions, Internet and related laws, and the concepts and issues that govern it, have come to the forefront, as a new and legitimate concern for all netizens.
Issues such as network (''net'') neutrality, have become contested areas of law in the United States. Internet giants, such as Google, eBay, and Amazon, fear that network owners will create a biased, two-tier Internet system, unfairly placing telco services first, in addition to the concern that network owners may seek to entirely censor or block content at their own discretion, creating partiality. The terms of the debate place neutralists (such as the Internet's largest content providers), against free-marketeers (including Telcos) who argue against such regulation, deeming it to be counter-productive and even unconstitutional.
The fact remains, that exercising the rights associated with free speech and the Internet, places a high premium on the judgment and responsibility of those who use the it, both in the information they acquire and in the information they disseminate. In order for web hosting companies to survive, it is essential that consumers realize and understand, that when they obtain information through the Internet, web hosting companies cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that is available.
Therefore, some material posted to the Internet may be subject to patent and/or copyright infringement, deemed inappropriate for certain ages, or otherwise offensive. Because web hosting companies are not in a position to monitor or censor the Internet, they cannot accept any responsibility for the consequences that may result from potentially infringing, inaccurate, offensive, inappropriate, or otherwise illegal Internet communications.
While each user is expected to exercise common sense and good judgment in connection with the services it utilizes on the Internet, web hosting companies do have terms of service rules in place, to govern such things as spamming, and maintaining open SMTP relays. It is ultimately up to the users to exercise the best judgment possible, in relying on information obtained from the Internet. When users and/or consumers disseminate information through the Internet, they also must keep in mind that web hosting companies do not review, edit, censor, or take responsibility for any information its users, clients or subscribers may create. The very same liability as other authors for copyright infringement, defamation, and other harmful speech, apply to users on the Internet.
The outcome of recent Internet patent litigation will most certainly begin to set precedents
In many of the cases, the judge and/or jury is asked to make determinations as to deep issues of technological equivalence as to fast-advancing technology at a particular point in time, which can greatly affect how we continue to do business on the Internet, and the future laws that may result of such litigation.
Many patents, have implications far beyond the alleged infringement specified. A patent found valid by a jury acquires more than the normal status of ''presumption of validity,'' in that it may be used against other parties. All future parties, whether or not they are a party to the lawsuit, are affected. Therefore, patent validity lawsuits have the power to impact much more than just the two parties involved, unlike other business litigation.
Given the fact that Internet law, as a whole, is still largely in unchartered territory, the question of what positive role government can play in a regulatory regime, remains to be seen. Coupled with the fear that new technology laws may allow governments or big business to oppress society, giving them the wherewithal to block freedom of speech rights, such as viewing published materials and other forms of censorship, the spectrum of views on Internet regulation can appear to be endless. The only thing we know for certain, is that the Internet is here to stay. As such, the core issues surrounding the essence and vastness of the Internet, such as of freedom of speech, net neutrality, patent and content infringement, will continue to be at the forefront. How Congress rules on the bills addressing net neutrality, the Communications, Consumer's Choice, and Broadband Deployment Act in the Senate, and the Internet Freedom and Nondiscrimination Act in the House, will affect the way the public continues to utilize the Internet and ultimately, may determine the success or failure of online businesses and web hosting co
Internet guru after guru, have pronounced that the big wave now upon us in the rise of social networking websites. Needless to say, this emphasis on social networking as a potent internet marketing tool has excited all the Internet marketers looking for newer ways to promote their websites.The ways to increase exposure through social networking:Blogs: Blogs have since evolved as a very good marketing tool and that’s why most of the suave internet marketers now own a Blog. They use them to get links pointing to their specific products and services pages. Moreover, blogs have turned out as an effective way to generate traffic for affiliate and other niche websites. But the relative success of Blogs as an effective marketing solution would entirelyDepend on the type of SEO techniques you employ. If you believe in spammingAnd other black hat techniques then you will surely land into problems.That’s why strictly follow white hat SEO techniques and focus on making your;Blog as informative as possible.Use Tags: Tags meant to label blogs/ news items as relevant are extensively used by social networking websites. Major search engines also use tags to determine the relevancy of any topic and that’s why tagging can help you draw-in relevant traffic. Pinging: Pinging if used can be a very effective way to increase the visibility of your Blog. It basically involves, sending of an automated or manual notice to the search engines and social networking websites informing them about the updated status of your website/ Blog. The important point to be taken care of pertains to whether you are use pings to inform about genuinely new content or not. Social networking optimization like other good Internet marketing solutions wields the power to rapidly change your websites fortune. However, if you want enduring success, always go for white hat techniques and never ever rely on instant r
IBM v. Amazon.com
Amazon.com is involved in patent litigation with IBM, in two separate lawsuits. Five patents are alleged to have been violated, as far as the 1980s, all regarding cataloging and data referencing, including alteration of online content. It has been reported in press releases issued by IBM, that ongoing negotiations since 2002 have failed, that hundreds of other companies have licensed the same patents, and that IBM has attempted to negotiate licensing deals with Amazon. Since Amazon.com is largely based upon web technologies and the ability to quickly process transactions over the Internet, it would seem that if it were a mere matter of licensing, they wouldn't have any problem. It may be that they feel IBM's patents are too broad, and cover technologies they developed themselves in-house.
Net Neutrality
One of the most important freedom of speech aspect of the Internet, is that no one party owns or controls it. However, as telephone and digital companies continue to grow through mergers and acquisitions, Internet and related laws, and the concepts and issues that govern it, have come to the forefront, as a new and legitimate concern for all netizens.
Issues such as network (''net'') neutrality, have become contested areas of law in the United States. Internet giants, such as Google, eBay, and Amazon, fear that network owners will create a biased, two-tier Internet system, unfairly placing telco services first, in addition to the concern that network owners may seek to entirely censor or block content at their own discretion, creating partiality. The terms of the debate place neutralists (such as the Internet's largest content providers), against free-marketeers (including Telcos) who argue against such regulation, deeming it to be counter-productive and even unconstitutional.
The fact remains, that exercising the rights associated with free speech and the Internet, places a high premium on the judgment and responsibility of those who use the it, both in the information they acquire and in the information they disseminate. In order for web hosting companies to survive, it is essential that consumers realize and understand, that when they obtain information through the Internet, web hosting companies cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that is available.
Therefore, some material posted to the Internet may be subject to patent and/or copyright infringement, deemed inappropriate for certain ages, or otherwise offensive. Because web hosting companies are not in a position to monitor or censor the Internet, they cannot accept any responsibility for the consequences that may result from potentially infringing, inaccurate, offensive, inappropriate, or otherwise illegal Internet communications.
While each user is expected to exercise common sense and good judgment in connection with the services it utilizes on the Internet, web hosting companies do have terms of service rules in place, to govern such things as spamming, and maintaining open SMTP relays. It is ultimately up to the users to exercise the best judgment possible, in relying on information obtained from the Internet. When users and/or consumers disseminate information through the Internet, they also must keep in mind that web hosting companies do not review, edit, censor, or take responsibility for any information its users, clients or subscribers may create. The very same liability as other authors for copyright infringement, defamation, and other harmful speech, apply to users on the Internet.
The outcome of recent Internet patent litigation will most certainly begin to set precedents
In many of the cases, the judge and/or jury is asked to make determinations as to deep issues of technological equivalence as to fast-advancing technology at a particular point in time, which can greatly affect how we continue to do business on the Internet, and the future laws that may result of such litigation.
Many patents, have implications far beyond the alleged infringement specified. A patent found valid by a jury acquires more than the normal status of ''presumption of validity,'' in that it may be used against other parties. All future parties, whether or not they are a party to the lawsuit, are affected. Therefore, patent validity lawsuits have the power to impact much more than just the two parties involved, unlike other business litigation.
Given the fact that Internet law, as a whole, is still largely in unchartered territory, the question of what positive role government can play in a regulatory regime, remains to be seen. Coupled with the fear that new technology laws may allow governments or big business to oppress society, giving them the wherewithal to block freedom of speech rights, such as viewing published materials and other forms of censorship, the spectrum of views on Internet regulation can appear to be endless. The only thing we know for certain, is that the Internet is here to stay. As such, the core issues surrounding the essence and vastness of the Internet, such as of freedom of speech, net neutrality, patent and content infringement, will continue to be at the forefront. How Congress rules on the bills addressing net neutrality, the Communications, Consumer's Choice, and Broadband Deployment Act in the Senate, and the Internet Freedom and Nondiscrimination Act in the House, will affect the way the public continues to utilize the Internet and ultimately, may determine the success or failure of online businesses and web hosting co
By the time you decide, you're already full! How does this analogy apply to your business? Read on.There's nothing worse than opening an envelope and finding 4 to 6 other little offers falling to the floor. How amateurish.This really annoys your customers. Your mails goes straight to the trash.Your customer needs to study ONE offer in detail to make sure it's right for him/her.There are some organisations that offer a smorgasbord of service offerings: Silver, Gold, Platinum, etc, etc. Yes,there is no "best" or "surefire" way to present your products and services. But can you imagine how confused your customers get, when they actually have to decipher each service’s deliverables?There have been arguments that offering more options are good "for customers with varied tastes". But the reality is that too many options can be overwhelming.Too Many Alternatives Ruin SalesPsychological research has shown that people are in fact less likely to make a decision when they face too many alternatives.In one such famous marketing experiment, researchers set up 2 tables at a specialty food store, offering different samples of jam. Customers could try as many flavours as they wanted. Half the time the sample table offered six flavours, and half the time the other table offered 24.The results were striking: 30% of the customers who tasted jams from the sample selection later bought a jar, compared to only 3% of those who sampled from the table that had more flavours.It seems that having "too much" choice have hampered their later motivation to buy.Save Your Sales, Provide Different Service LevelsIdeally, your organisation should offer just one solution – a service that is customised specifically to the needs of the client. If you can’t achieve that, the ideal method is to have three different service levels.1st Level: Lowest cost,but still effective2nd Level: The one that usually 80% of your clients will select.3rd Level: The most expensive,a service only a few clients would sign up f
While each user is expected to exercise common sense and good judgment in connection with the services it utilizes on the Internet, web hosting companies do have terms of service rules in place, to govern such things as spamming, and maintaining open SMTP relays. It is ultimately up to the users to exercise the best judgment possible, in relying on information obtained from the Internet. When users and/or consumers disseminate information through the Internet, they also must keep in mind that web hosting companies do not review, edit, censor, or take responsibility for any information its users, clients or subscribers may create. The very same liability as other authors for copyright infringement, defamation, and other harmful speech, apply to users on the Internet.
The outcome of recent Internet patent litigation will most certainly begin to set precedents
In many of the cases, the judge and/or jury is asked to make determinations as to deep issues of technological equivalence as to fast-advancing technology at a particular point in time, which can greatly affect how we continue to do business on the Internet, and the future laws that may result of such litigation.
Many patents, have implications far beyond the alleged infringement specified. A patent found valid by a jury acquires more than the normal status of ''presumption of validity,'' in that it may be used against other parties. All future parties, whether or not they are a party to the lawsuit, are affected. Therefore, patent validity lawsuits have the power to impact much more than just the two parties involved, unlike other business litigation.
Given the fact that Internet law, as a whole, is still largely in unchartered territory, the question of what positive role government can play in a regulatory regime, remains to be seen. Coupled with the fear that new technology laws may allow governments or big business to oppress society, giving them the wherewithal to block freedom of speech rights, such as viewing published materials and other forms of censorship, the spectrum of views on Internet regulation can appear to be endless. The only thing we know for certain, is that the Internet is here to stay. As such, the core issues surrounding the essence and vastness of the Internet, such as of freedom of speech, net neutrality, patent and content infringement, will continue to be at the forefront. How Congress rules on the bills addressing net neutrality, the Communications, Consumer's Choice, and Broadband Deployment Act in the Senate, and the Internet Freedom and Nondiscrimination Act in the House, will affect the way the public continues to utilize the Internet and ultimately, may determine the success or failure of online businesses and web hosting companies.
About the Author
Susan S. Davis is a freelance feature writer and news editor for The Hosting News, Website Hosting Directory, and Cheap Hosting Directory. In addition, Ms. Davis has served as an editorial manager at Disney's Go.com and regularly contributes to print and Internet publications concerning cultural issues.
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