Vogel Internet, Information Technology and e-Discovery Blog : Texas Internet, Information Technology, eCommerce & E-Discovery Lawyer & Attorney Peter S. Vogel : Gardere Wynne Sewell Law Firm : Dallas TX

Not only was Google’s roll out of Buzz in 2010 badly received by the user community, the Federal Trade Commission (FTC) filed a Complaint for Google’s violation of its own Privacy Policies:

 ...Google launched its Buzz social network through its Gmail web-based email product. Although Google led Gmail users to believe that they could choose whether or not they wanted to join the network, the options for declining or leaving the social network were ineffective. For users who joined the Buzz network, the controls for limiting the sharing of their personal information were confusing and difficult to find, the agency alleged.

The FTC Complaint alleged that Buzz violate US privacy laws, and also violate the US – EU Safe Harbor Framework to allow personal data to be lawfully transferred from the EU to the US. Ultimately Google settled this dispute with the FTC and the FTC announced:

The proposed settlement bars the company from future privacy misrepresentations, requires it to implement a comprehensive privacy program, and calls for regular, independent privacy audits for the next 20 years.

Clearly the FTC settlement with Google sends a huge wake up message to everyone to review their Privacy Policies to avoid FTC actions!

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The US Supreme Court will hear argument on April 18 in the patent infringement case in which Microsoft has been enjoined from selling Word with XML features.  The US Solicitor General filed an amicus brief with the Supreme Court against Microsoft and endorsing the US Patent & Trademark Office who issued the 5,787,449 patent that protected i4i’s metacode technology.  More than 100 companies have filed amicus briefs supporting i4i including the military and venture capitalists.  On the other hand Microsoft has “20 amicus briefs, which represent about 60 companies and individuals, including Google, Apple, Cisco, Intel, Red Hat, the Electronic Frontier Foundation, and 37 law and economics professors.”  The Supreme Court ruling in the i4i case will have a significant impact on patent law in the US, but many thought the Supreme Court would clarify software patents in the Bilski case, but unfortunately that did not happen.  In the meantime Congress is once again considering legislation reforming patent laws.  Stay tuned for changes to patent laws in the US.

2009 Patent Judgment

Before the case got to the Supreme Court, Microsoft lost its appeal to the US Federal Circuit which sustained the trial court decision from 2009 where US District Judge Leonard Davis (Eastern District of Texas in Tyler) enjoined Microsoft from selling XML components of Word.  Also Judge Davis ordered Microsoft to pay $40 million for willful infringement and $37 million in prejudgment interest. This injunction and award of willful damages follows a May, 2009 jury verdict that ordered Microsoft to pay i4i $200 million for infringing the 5,787,449 patent.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

My March column for eCommerceTimes discusses how Social Media has become a gold mine for eDiscovery since the volume of ESI (Electronically Stored Information) in Social Media is staggering. Today every lawsuit has ESI which is obvious to everyone, but the unprecedented proliferation of Social Media has expanded the sources of ESI so that lawyers and judges are now being confronted with larger volumes of ESI.

American College of e-Neutrals (ACESIN)

I pleased to announce that in early 2011, Allison O. Skinner, my good friend (full time neutral in Birmingham, Alabama, and Adjunct Professor of eDiscovery at the University of Alabama School of Law), invited me to co-found the American College of e-Neutrals, an organization dedicated to the education, training, credentialing and use of e-Neutrals. E-Neutrals are third party referees -- mediators, arbitrators, masters, judges, liaisons and magistrates -- committed to resolving disputes arising from ESI. Just a reminder that Allison had the brilliant idea to use the mediation process to resolve eDiscovery disputes - which she calls eMediation.

Joining Allison and me on the founding Board of ACESIN are the following individuals:

Richard Best
ADR Services, Inc.
San Francisco, California

John DeGroote
John DeGroote Services, LLC
Dallas, Texas

Michael Geigerman
United States Arbitration & Mediation
St. Louis, Missouri

Richard Lettieri
Lettieri Law Firm, LLC
Pittsburgh, Pennsylvania

Timothy M. Opsitnick
Senior Partner and General Counsel
Jurinnov Ltd.
Cleveland, Ohio

Jonathan Redgrave
Redgrave LLP
Washington, D.C.

Allison and I hope that ACESIN will help Judges and lawyers throughout the US better deal with ESI to help litigants.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Forbes released its annual list of billionaires and 6 were people involved with Facebook including Mark Zuckerberg ($13.5 billion), and Facebook co-founders Dustin Moskovitz, Eduardo Saverin and Sean Parker. Hardly a surprise rather just a confirmation of the value of Social Media innovation as portrayed in the Social Network movie. Unfortunately for Tyler and Cameron Winklevoss who had to settle for a measly $31 million and now challenging the settlement as they claimed to be the inventors of Facebook. One might wonder where the next billionaire idea will develop and change the direction of Social Media.

Facebook Reaches Top 10 in US Ad Rankings

ComScore recent US Ad Rankings showed that “Facebook was viewed by 153.0 million unique visitors in January, or 72.2% of the overall U.S. Internet audience that month, putting the site in 10th place in ComScore's Ad Focus survey of U.S. sites and advertising networks. The top spot went to Google Ad Network, with 197.1 million unique visitors, or 93.1% of Americans online.” Facebook was ranked a measly 26th by ComScore in June 2010 so their rise in popularity helps explain why there are 6 billionaires at Facebook!

• Email This
• Print
• Comments
• Trackbacks
• Share Link

My February 2011 Social Media video is now available so you can get my 30 minute legal perspective without having to take my Law of eCommerce class at the Dedman School of Law (which I have taught since 2000). Since 2001 I have been creating IT legal videos to training IT professionals with WatchIT (now merged with SmartPros). Looking back to 2010 I was amazed to discover that I gave more than 35 speeches and webcasts, about Social Media and eDiscovery, including 10 in October alone! 

SMU 5 Billionaire Grads

Speaking of SMU Dedman School of Law, I was pleasantly surprised that Forbes recently reported that there are more billionaire graduates than any other law school! Quite a remarkable feat not to mention what Dean John Attanasio proudly announced:

When I first became dean in 1998, four of the five justices on the Texas Supreme Court and two of the justices on the Japanese supreme court were graduates of the law school. Currently, the chief justices of Thailand and the Philippines, and the former chief justice of Indonesia are among our graduates.

As a matter of fact the first semester I taught at SMU in 1986 the student who made the highest grade in the class was the Chief Justice in Thailand. Bravo to the SMU Dedman School of Law!

• Email This
• Print
• Comments
• Trackbacks
• Share Link