Books


Emerging Technologies and the Law: Forms and Analysis

Richard Raysman, Peter Brown, Jeffrey D. Neuburger, William E. Bandon, III

Add To Cart





The future has arrived ahead of schedule! Content publishers, entertainment and media companies, communications companies, and computer hardware and software companies are combining to create products that are revolutionizing business and private lives. Law firms and businesses must be prepared to react quickly or risk being left behind.

That's where Emerging Technologies and the Law: Forms and Analysis book and CD comes in. This comprehensive guide addresses the many legal issues presented by complex cross-technology transactions. It features 100 ready-to-use forms on CD-ROM that eliminate guesswork and lead you through every critical step in structuring different kinds of agreements. You'll find clear explanations of: the technological and legal issues involved; an overview of patent law as it applies to emerging technologies; checklists of important factors to consider before beginning a complex cross-technology transaction; and more.

Book #00626; looseleaf, two volumes, 2,024 pages and one CD-ROM; originally published in 1994, completely revised edition published in 2002, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-107-

Annual subscriptions to Law Journal Press books are valid for one year and include any updates published during that period. Subscriptions are auto-renewed to avoid disruptions in service. Print editions must be returned within 30 days in resalable condition for refund. For downloadable eBook products, a refund will be granted if the eBook has not been downloaded.

A single user online subscription is an individual user name/password for one customer which can be accessed by up to two machines at one time by that customer. To transition to a group account, click here. Or, call toll-free,877-807-8076, to order or inquire about discounted site licenses.




  • Availability: Available
  • Brand: Law Journal Press
  • Product Type: Books
  • Edition: 0
  • Page Count: 2024
  • ISBN: 978-1-58852-107-1
  • Pub#/SKU#: 626
  • Volume(s): 2
  • CDs: 1

Author Image
  • Richard Raysman
Richard Raysman is a partner in the New York office of Holland & Knight LLP. Mr. Raysman is co-author of the two-volume treatises Computer Law: Drafting and Negotiating Forms and Agreements; Emerging Technologies and the Law: Forms and Analysis and Intellectual Property Licensing: Forms and Analysis, all published by Law Journal Press®, and co-writes a monthly column on computer law for the New York Law Journal. Mr. Raysman is past Chair of the Business Law Section, the largest section of the New York State Bar Association, and is past Chair of its Finance Committee. He also chairs Corporate Counsel's annual Law Journal IP Trademark, Copyright & Licensing Counsel Forum. Prior to practicing law, he was a systems engineer for six years with IBM Corp. Mr. Raysman concentrates his practice on Intellectual Property, including outsourcing and IP litigation, and was recently selected by Chambers as one of America's leading outsourcing lawyers. He is a member of the practical Law Company Advisory Board for Intellectual Property and Technology.


Also by Richard Raysman:
Computer Law: Drafting and Negotiating Forms and Agreements with Forms on Disk
Intellectual Property Licensing: Forms and Analysis
When Good Software Licenses Go Bad


Author Image
  • Peter Brown
Peter Brown is the national leader of the Technology Law Practice in the New York office of Baker & Hostetler LLP. He is the immediate past Chair of the Commercial and Federal Litigation Section of the New York State Bar Association and was previously the Co-Chair of its Internet and Intellectual Property Litigation Committee. For over a decade he has served as the Chair of the Practicing Law Institutes Information Technology Institute. Mr. Browns practice includes the litigation of information technology and intellectual property issues in state and federal courts across the United States. He has also served as a mediator, arbitrator and expert witness in cases involving technology disputes. In addition, he routinely drafts and negotiates all types of transactional agreements relating the computer technology, the Internet and outsourcing. Mr. Brown served on the Board of the International Technology Law Association for over 15 years. He lectures on technology law and related litigation issues both nationally and internationally. He has been listed among the The Best Lawyers in America and as a Superlawyer in the New York Area. Formerly, he was an Adjunct Professor of Computer Law at Dartmouth College.

Also by Peter Brown:
Computer Law: Drafting and Negotiating Forms and Agreements with Forms on Disk


Author Image
  • Jeffrey D. Neuburger
Jeffrey D. Neuburger is a Partner in Proskauer Rose LLP, where he Co-chairs the firm's Technology Practice Group and Chairs the Firm's Technology, Media and Communications Practice Group. Mr. Neuburger is also an Adjunct Professor at Fordham University School of Law, where he teaches e-commerce law. Mr. Neuburger frequently writes and lectures on emerging technology law. He is the Chair of the New York State Bar Association's Special Committee on Cyberspace Law. Prior to practicing law, Mr. Neuburger was a systems analyst with the General Electric Company for six years.

Also by Jeffrey D. Neuburger:
Doing Business On The Internet: Forms and Analysis


Author Image
  • William E. Bandon, III
William E. Bandon, III is the Senior Counsel for Operations Information Technology and Sourcing at GE Capital, General Electric's consumer financial services division. Mr. Bandon is responsible for strategic and operational legal support regarding software, hardware, and emerging technology licensing, development and regulation, including: web services; privacy; intellectual property protection and acquisition; and outsourcing and consulting services agreements. He is a past member of the Board of Directors of the New York County Lawyers' Association and a member of both the International Technology Law Association and the Society for Information Management.

CHAPTER 1
The Constant Evolution of Information Technology

§ 1.01 Introduction
§ 1.02 Media Formats and Underlying Technologies
[1] Generally; Data Compression
[2] Still Image Formats
[3] Audio Formats
[4] Video Formats
[5] Streaming File Formats
[6] E-Books and Other Text-Viewing Formats
[7] Digital Rights Management Systems
§ 1.03 Emerging Consumer Technologies and Products
[1] Data Storage
[2] Handheld Computing Devices
[3] Global Positioning System and Other Locational Technologies
[4] Emerging Television Technologies
[5] Games
[6] Virtual Property
[7] Software Bots and Related Agents
[8] Other Emerging Technologies
§ 1.04 Technologies for Accessing Data Services
[1] The Internet and the World Wide Web
[2] Communication Using TCP/IP
[3] Technology for Connecting to the Internet
§ 1.05 The Content-Oriented Emerging Technology Application
[1] Content
[2] Drivers
[3] The Platform
§ 1.06 The Development Project
[1] Project Participants
[2] Development Structures
[3] Insurance
[4] The Role of Unions and Guilds in Application/Product Production
[5] Project Planning Checklist

CHAPTER 2 Rights Acquisition
§ 2.01 Introduction
§ 2.02 Future Technologies
[1] Technologies Existing at the Time of the License
[2] Technologies Not Existing at the Time of the Grant
§ 2.03 Drafting the License Agreement
[1] Identification of Licensed Properties
[2] The Grant
[3] Reservation of Rights
[4] Best Efforts Promotion
[5] Reversion Provisions
[6] Approvals
[7] Representations and Warranties
[8] Disclaimer of Warranties
[9] Indemnification/Defense Against Third Party Claims
[10] Ownership of Proprietary Rights
[11] Infringement by Third Parties
[12] Confidentiality
[13] Term
[14] Termination Provisions
[15] Payment Provisions
[16] Assignments and Subcontracting
[17] Rights of First Refusal and Last Negotiation
[18] Limitation of Liability
[19] Trademark Provisions
§2.04 The Review of Existing Licensing Agreements
[1] The Rights
[2] Future Technologies
[3] General Terms
§ 2.05 Form: Literary Work License Agreement
§ 2.06 Form: Illustration License Agreement
§ 2.07 Form: Video License Agreement
§ 2.08 Form: Synchronization and Public Performance License Agreement
§ 2.09 Form: Photograph License Agreement
§ 2.10 Form: Cartoonist License and Merchandising Agreement
§ 2.11 Form: Celebrity License Agreement
§ 2.12 Form: Celebrity Promotion License Agreement
§ 2.13 Form: Art Work License Agreement
§ 2.14 Form: Narration Services and License Agreement
§ 2.15 Form: Graphics License Agreement
§ 2.16 Form: Option License Agreement for a Literary Work License
§ 2.17 Form: Trademark License Agreement for Use in the Educational Market
§ 2.18 Form: Trademark License Agreement
§ 2.19 Form: Licensor Oriented Content License Agreement for CD-Roms
§ 2.20 Form: Clearinghouse Oriented Content License Agreement
§ 2.21 Form: Single Track Music License
§ 2.22 Form: Producer-Manager-Talent Agreement: Name and Likeness Release for Use in Product
§ 2.23 Form: Subject Matter Content License Agreement
§ 2.24 Form: Content License Agreement for Digital Product
§ 2.25 Form: Ring Tone License Agreement
§ 2.26 Form: Employee Certificate of Authorship
§ 2.27 Form: Content License Between a Magazine Publisher and a Web Site Publisher
§ 2.28 Form: Audiovisual Streaming/Downloading License Agreement
§ 2.29 Form: License Oriented Audiovisual Streaming Agreement Short Form
§ 2.30 Form: Audiovisual Program License Agreement

CHAPTER 3
Product Development Agreements

§ 3.01 Introduction
§ 3.02 Deliverables
[1] Functional Design Specifications
[2] Detailed Design Specifications
[3] The Master Copies
§ 3.03 Implementation Schedule
[1] Fixed Obligation
[2] Guideline
§ 3.04 Progress Reports and Interim Approvals
§ 3.05 Payment Schedules
[1] Fixed Fees with Milestones
[2] Time and Materials Development
§ 3.06 Acceptance Tests
§ 3.07 Definition of Ownership
[1] Ownership of Software
[2] Ownership of Other Aspects of the Product
[3] Cooperation and Notices
§ 3.08 Producer Owned or Controlled Rights
§ 3.09 Third Party Rights
§ 3.10 Reservation of Rights
§ 3.11 Confidentiality
§ 3.12 Termination Provisions
§ 3.13 Rights of First Refusal and Last Negotiation
§ 3.14 Limitation of Liability
§ 3.15 Representations and Warranties
§ 3.16 Indemnification
§ 3.17  Insurance and Risk Management
[1] Product Liability Insurance
[2] Intellectual Property Risk Management
§ 3.18 Software Licensing
[1] Scope of License
[2] Exclusive and Non-Exclusive Licenses
[3] Revocable Licenses
[4] Sublicensing/Third Party Usage
[5] Ownership
[6] Maintenance and Updates
[7] Source Code
[8] Warranties
[9] Indemnification
[10] Assignment Rights
[11] Term
[12] Modifications
[13] Confidential Information and Trade Secrets
[14] Open Source Software
[15] Electronic Health Records
§ 3.19 Web Site Development and Hosting Agreements
[1] Development Agreements
[2] Hosting
§ 3.20 Form: Letter of Intent for Development Agreement
§ 3.21 Form: Master Development Agreement
§ 3.22 Royalty Based Development Agreement
§ 3.23 Form: Master Joint Development Agreement
§ 3.24 Form: Independent Consulting Agreement
§ 3.25 Form: Subcontractor Agreement
§ 3.26 Form: License and Customization Agreement
§ 3.27 Form: License and Development Agreement for Online Application with Server and Client Aspects
§ 3.28 Form: Software License Agreement (Broad)
§ 3.29 Form: Software License Agreement (Restrictive)
§ 3.30 Form: Software License Agreement for Use of Software to Create Access and Retrieval Software
§ 3.31 Form: Software License Agreement for Existing Access and Retrieval Software
§ 3.32 Form: Escrow Agreement
§ 3.33 Form: Focus Group Agreement
§ 3.34 Form: Start of Work Template
§ 3.35 Form: Web Site Development and Services Agreement
§ 3.36 Form: Vendor Oriented User Trial Period License Agreement
§ 3.37 Form: Client Oriented Web Site Development Agreement
§ 3.38 Form: Retail Web Site Development and Services Agreement
§ 3.39 Form: Live and Prerecorded Broadcast Streaming and Hosting Agreement
§ 3.40 Form: GNU General Public License, Version 2, June 1991
§ 3.40 AForm: GNU General Public License, Version 3, June 2007
§ 3.41 Form: GNU Lesser General Public License
§ 3.42 Form: Open Software License v. 2.0
§ 3.43 Form: Exclusive Age Verification Software License Agreement
§ 3.44 Form: Vendor Oriented Web Site Hosting Agreement

CHAPTER 4
Product Distribution

§ 4.01 Introduction
§ 4.02 The Distribution Channels
[1] Retail Channels of Trade
[2] Direct Response
[3] Bundled Distribution
[4] Catalog Distribution
[5] OEM Distribution
[6] Internet and Wireless Direct Distribution Methods
[7] Future Distribution Methods
§ 4.03 The Third Party Distribution Agreement
[1] Territory
[2] “Best Effort” Obligations
[3] Scope of Authority
[4] Producer's Marketing Assistance
[5] Producer's License
[6] Compensation
[7] Term
§ 4.04 Licensing Software to the United States Government
[1] Restricted Rights
[2] Limited Rights
[3] Unlimited Rights
[4] Government Purpose Rights
§ 4.05 Export Regulations
[1] Rationale and Implementation of Export Regulations
[2] The Wassenaar Arrangement and the Export of Encryption Technology
§ 4.06 Products Licenses
[1] Custom or Specialty Products
[2] Shrink-Wrap Licenses
[3] Click-Wrap Agreements
§ 4.07 The Uniform Commercial Code
§ 4.08 The Uniform Computer Information Transactions Act
§ 4.09 The Magnuson-Moss Act
§ 4.10 Form: Reseller Distribution Agreement
§ 4.11 Form: Large Quality Sales Distribution Agreement
§ 4.12 Form: Product Distribution Agreement with Optional Duplication Services
§ 4.13 Form: Producer Favorable Distribution Agreement
§ 4.14 Form: Original Equipment Manufacture Distribution Agreement
§ 4.15 Form: Interactive Distribution License Agreement
§ 4.16 Form: Publisher Oriented Product Marketing and Distribution Agreement
§ 4.17 Form: Sales Representative Agreement
§ 4.18 Form: Individual or Network Use Shrink-Wrap License Agreement
§ 4.19 Form: Product Bundling and Enhancement Agreement
§ 4.20 Form: Vendor-Friendly Customer Referral Agreement
§ 4.21 Form: Application Services provider (ASP) Agreement
§ 4.22 Form: Clickwrap End-User Product License Agreement
§ 4.23 Form: License and Distribution Agreement (Utilizing “Push” Technology)
§ 4.24 Form: Content Provider Oriented Wireless Content License and Distribution Agreement
§ 4.25 Form: Internet Audio Distribution and Marketing Agreement
§ 4.26 Form: Content Provider Oriented Webcasting and Radio Broadcast Agreement
§ 4.27 Form: Vendor Exchange Member Agreement
§ 4.28 Form: Vendor Services Terms and Conditions of Use
§ 4.29 Form: Web-Based Services Reseller Agreement

CHAPTER 5
Copyright, Attribution and Integrity Rights and the Development of Emerging Technology Products

§ 5.01 Introduction
§ 5.02 Copyright Analysis Checklist
§ 5.03 The Rights Protected by Copyright
§ 5.04 International Protection of Intellectual Property: The WIPO Agreements
§ 5.05 European Unio
[1] Copyright Harmonization Directive
[2] Database Directive
§ 5.06 Determining Whether a Work Is Copyrightable
[1] Generally
[2] The Copyrightability of Factual Compilations
[3] The Copyrightability of Fonts
§ 5.07 Duration of Protection
[1] Works Created on or After January 1, 1978
[2] Works Created Before January 1, 1978
[3] The Copyright Renewal Act of 1992
[4] Copyright Restoration
§ 5.08 Copyright Notices
§ 5.09 Ownership of Copyright
[1] Works Made for Hire
[2] Collective Works
[3] Joint Works
[4] Derivative Works
[5] Transfer of Copyright
§ 5.10 The Fair Use Doctrine
§ 5.10A Educational Use Copyright Exemption (the “Teach Act”)
§ 5.11 Attribution and Integrity Rights
§ 5.12 Art Collections, Copyright Issues and Emerging Technologies
§ 5.13 Identification of Copyright Owners
[1] Copyright Office Records
[2] Unions, Guilds and Collective Bargaining Associations
[3] Professional Rights Clearance Organizations
§ 5.14 Music Copyright Issues
[1] Public Performance License
[2] Synchronization License
[3] Mechanical License
[4] Music Publishing License
§ 5.15 Copyright Registration Procedures
§ 5.16 Registration of Computer Programs and Databases Not Fixed in CD-ROM
[1] Computer Programs
[2] Databases
§ 5.17 Registration of Machine Readable Multimedia Works (Other than Computer Programs, Databases or CD-ROM Products)
[1] Pictorial or Graphic Works
[2] Audio-Visual Works
[3] Musical Compositions
[4] Sound Recordings
[5] Literary Works
§ 5.18 Registration of Multimedia Works Fixed in CD-ROM Format
§ 5.19 Registration of Certain Multimedia “Kits”
[1] Deposit Requirements
[2] Registration Forms
§ 5.20 Rental of Multimedia Applications
§ 5.21 Copyright Infringement
[1] Direct, Contributory and Vicarious Infringement
[2] Remedies
[3] The No Electronic Theft (NET) Act
§ 5.22 Proving Infringement
[1] Prima Facie Case
[2] Direct Liability
[3] Secondary Liability
[4] Active Inducement
§ 5.23 Copyright Infringement of Computer Software
[1] Literal and Non-Literal Copying and Elements
[2] Early Approaches
[3] The Altai Test and Variations
§ 5.24 Technological Methods of Preventing Infringement
[1] The Audio Home Recording Act of 1992
[2] The WIPO Treaties Act
[3] Copyright Management Information
[4] The Threat of Circumvention and the Digital Millennium Copyright Act
[5] Remedies
§ 5.25 Copyright and Digital Content on the Internet
[1] Introduction
[2] Copyright Infringement on the Internet
[3] Liability
[4] The Digital Millennium Copyright Act
[5] The Family Entertainment and Copyright Act
[6] Sound Recordings
[7] Legal Issues Arising from Hyperlinking
[8] Search Engines and Digital Cataloging
[9] Hot News Misappropriation
§ 5.26 Form: Copyright Assignment
§ 5.27 Form: Work Made for Hire—Author Contract
§ 5.28 Form: Interim Designation of Agent to Receive Notification of Claimed Infringement

CHAPTER 6
Trademark Law and the Development of Emerging Technology Products

§ 6.01 Introduction
§ 6.02 Emerging Technology Trademark Checklist
§ 6.03 Overview of Trademark Law and Emerging Technology
§ 6.04 Categories
[1] Fanciful and Arbitrary Marks
[2] Suggestive Marks
[3] Descriptive Marks
[4] Generic Marks
§ 6.05 Identifying Characteristics Subject to Protection
[1] Abbreviations and Nicknames
[2] Slogans
[3] Titles
[4] Characters
[5] Celebrities
[6] Trade Dress
[7] Internet Domain Names
§ 6.06 Federal Trademark Registration
§ 6.07 Selecting Marks for Emerging Technology Products
[1] Descriptive vs. Suggestive Marks
[2] Conducting a Trademark Search
§ 6.08 Emerging Technology Trademark Applications
[1] Preparing an Application
[2] Prosecuting an Application
[3] Principal and Supplemental Registers
[4] Notice of Registration
§ 6.09 Trademark Related Actions
[1] Infringement Generally
[2] Contributory Infringement
[3] Unfair Competition
[4] Dilution
[5] Causing Marks to Become Generic
§ 6.10 Proper Use of Emerging Technology Marks
§ 6.11 Trademark Protection on the Internet
[1] Domain Names and Domain Name Disputes
[2] Trademark Infringement in Web Site Content, Meta Tags, Search Terms and Uniform Resource Locators
§ 6.12 Form: Trademark Assignment
§ 6.13 Form: Cease and Desist Letter for Trademark Infringement in Internet Domain Name
§ 6.14 Form: Settlement Agreement Providing for Transfer of Domain Name

CHAPTER 7
Trade Secret Law and the Development of Emerging Technology Products

§ 7.01 Introduction
§ 7.02 Emerging Technology Trade Secret Checklis
§ 7.03 Trade Secrets and Emerging Technology
[1] Confidential Business Information
[2] Software
[3] The Entire Application
[4] Works Incorporated into the Application
§ 7.04 Overview of Trade Secret Law
§ 7.05 Mass-Marketed Emerging Technology Applications Containing Trade Secrets
§ 7.06 Misappropriation
[1] Determining Misappropriation
[2] Employee Misappropriation
[3] Third Party Misappropriation
§ 7.07 Establishing Trade Secrets in Emerging Technologies
§ 7.08 Criminal Liability
[1] State Law
[2] Economic Espionage Act of 1996
§ 7.09 Form: Evaluation Nondisclosure Letter Agreement Between Company and Potential Distributor
§ 7.10 Form: Employee Confidentiality and Assignment of Interventions Agreement
§ 7.11 Form: Exit Interview Form
§ 7.12 Form: Employee System Use Warning

CHAPTER 8
Patent Law and the Development of Emerging Technology Products

§ 8.01 Introduction
§ 8.02 Overview of Patent Law
[1] The Public Use and On Sale Bars
[2] Participation in Standards Setting Bodies
§ 8.03 Examples of Emerging Technology Related Patentable Subject Matter
[1] Software
[2] Data Transmission and Data Compression
[3] Television
[4] Multimedia
[5] Internet-Based and Electronic Commerce
[6] Other Technologies
§ 8.04 Emerging Technology Patent Checklists
[1] Checklist to Minimize Likelihood of Infringement
[2] Patent Protection Checklist
§ 8.05 Patentable Subject Matter and Emerging Technology
[1] Generally
[2] The Patentability of Emerging Technology Software
[3] The Patentability of Emerging Technology Methods of Doing Business
[4] The Patentability of Emerging Technology Database Structures
[5] The Patenting of Emerging Technology: Interactive Program Guides
§ 8.06 Novelty and Nonobviousness Requirement
[1] Novelty
[2] Nonobviousness
§ 8.07 Patent Applications
[1] The Application Process
[2] Enablement and Best Mode Requirements
[3] Submission of Source Code
[4] Drafting of Claims
[5] International Patent Protection
§ 8.08 Claim Construction
§ 8.09 Patent Infringement
[1] Standards
[2] Remedies
[3] Options for Potential Infringers
[4] Infringement and Exported Software
§ 8.10 Design Patents and Emerging Technology
[1] Overview
[2] Designs Displayed as Part of Content
§ 8.11 Ownership
[1] Inventorship
[2] Assignment
[3] Licensing
[4] Cross-Licensing
[5] Patent Licensing and the Development of Open Standards
§ 8.12 American Inventors Protection Act of 1999
§ 8.13 Form: Patent Assignment
§ 8.14 Form: Patent License Agreement (Exclusive)
§ 8.15 Form: Patent License Agreement (Non-Exclusive)

CHAPTER 9
Rights of Privacy and Publicity; Defamation

§ 9.01 Introduction
§ 9.02 Rights of Privacy and Publicity
[1] Overview
[2] Privacy and Publicity Checklist
§ 9.03 Right of Privacy
[1] Intrusion upon Seclusion
[2] Public Disclosure of Private Facts
[3] False Light
[4] Appropriation of Name or Likeness
[5] Survival and Transfer of Right of Privacy
§ 9.04 Privacy Rights and Emerging Technologies
[1] The Scope of the Personal Information Problem
[2] Selected Privacy Laws
[3] Electronic Banking Security
[4] Government Actions and Industry Self-Regulation
§ 9.05 Right of Publicity
[1] Consent to Use Name or Likeness in Content
[2] Incidental Use in Content
[3] First Amendment Protection for Emerging Technology Products
[4] Survival and Transfer of the Right of Publicity
[5] Right of Publicity on the Internet
§ 9.06 Defamation
[1] Defamation Checklist
[2] Elements
[3] First Amendment Limitations
[4] Libel and Defamation on the Internet
§ 9.07 Liability for Inaccurate Data
[1] Negligence
[2] Product Liability
§ 9.08 The Role of Indemnification and Insurance
§ 9.09 Form: Picture and Name Release
§ 9.10 Form: Talent Contract
§ 9.11 Form: User Protective Web Site Data Collection Policy
§ 9.12 Form: Web Site Privacy Policy
§ 9.13 Form: Sample Privacy Policy Notice Provisions Appropriate for Web Site Directed Toward Children
§ 9.14 Form: Gramm-Leach-Bliley Act Model Privacy Notice Form (with Opt-out)

CHAPTER 10
The Internet and Data Access Networks

§ 10.01 Regulating Online Indecency
[1] Communications Decency Act of 1996 (CDA)
[2] Limiting Access to Obscene and Indecent Content
[3] Transmission of Obscenity over Bulletin Boards
§ 10.02 Corporate Internet Access Policies
[1] Initial Procedures
[2] E-Mail, Confidentiality, Privilege, and Establishing a Workplace Policy
[3] Offensive and Obscene Communications
[4] Trade Secrets and Unsolicited Ideas
[5] Online Copyright Infringement
§ 10.02 AThe Federal Records Act, Electronic Records and E-Mail
§ 10.03 Internet and Wireless Commerce
[1] Electronic and Digital Signatures
[2] Export Restrictions on Encryption
§ 10.04 Wrongful Conduct on the Internet
[1] Identity Theft
[2] Click Fraud
§ 10.05 Internet Jurisdiction
[1] Online Contract Formation
[2] Web Sites and Jurisdiction: Is a Web Site Enough?
[3] Conduct Directed Toward the Jurisdiction
[4] Jurisdiction Across National Boundaries
§ 10.06 Form: Corporate Internet Use Policy
§ 10.07 Form: Web Linking Referral Fee Agreement
§ 10.08 Form: Retail Internet Site Agreement
§ 10.09 Form: Web Hosting Agreement
§ 10.10 Form: Search Engine Services Agreement
§ 10.11 Form: Withdrawal of Consent to Electronic Notices and Records
§ 10.12 Form: Wireless Services Enterprise Agreement
§ 10.13 Form: Employee Internet Use Policy Statement

CHAPTER 11
Joint Ventures in Emerging Technologies

§ 11.01 Introduction
§ 11.02 Form of Joint Venture
[1] Introduction
[2] Corporation
[3] Partnership
[4] Limited Liability Company
§ 11.03 Contributions
[1] Introduction
[2] Form of Contributions
[3] Intellectual Property
[4] Contractual Relationships
[5] Other Assets
§ 11.04 Intellectual Property Licensing
[1] Introduction
[2] Technology License
[3] Content Licensing
§ 11.05 Confidentiality
§ 11.06 Management and Employees
[1] Personnel
[2] Non-Solicitation of Employees
[3] Equity Options for Management and Employees
§ 11.07 Financial Provisions
§ 11.08 Services Agreements
§ 11.09 Non-Compete and Exclusivity Issues
[1] Non-Competition Agreements
[2] Exclusivity Agreements
§ 11.10 Transfers of Interest
[1] Introduction
[2] Restrictions
§ 11.11 Promotion
§ 11.12 Antitrust Issues
§ 11.13 Termination
§ 11.14 Form: Emerging Technology Joint Venture Checklist
§ 11.15 Form: Memorandum of Understanding for Emerging Technology Joint Venture ABC, INC.
§ 11.16 Form: Non-Exclusive Online Affiliate Form

CHAPTER 12
Regulation of Emerging Technology

12.05  Federal Communications Commission
[1] Introduction
[2] Bureaus and Offices
[3] Regulation of Specific Emerging Technologies

Appendix
Index