Online Alliances - Protecting Yourself

By Richard Chapo

They say we live in a rat race these days given the number of things that have to be done every day and the speed they need to be accomplished in. Well, if the brick and mortar world is the rat race, the online world is the rat race on a 24 hour energy drink! We join into contractual relationships with other sites at the drop of the hat. This is fine, but it is vital to protect yourself when doing so.

Teaming up with other sites on projects is common place on the web. In fact, it is so common that it has become an industry unto itself and is better known as affiliate marketing. Large affiliate sites like Commission Junction and the like set their terms for affiliates in a take it or leave it manner. But what if you decide to pursue a custom proposal with another party? You need to protect yourself.

Let's assume I own a site on which I sell my leather writing journals. I am approached one day by a large travel site. They want to sell my product on their site. In fact, they will list it on the general template that shows up on every page and build a custom page just for it. I'm popping the champagne in an expectation of big profits!

Well, they are true to their word. My journals are being advertised all over their site and the page they've built is great. Then something funny happens. They start using my journals in traditional media. This is a problem because I have another deal with a third party that grants them the exclusive right to such advertising. I tell the travel site to stop and they refuse because they've already spent $50,000 on advertising. Now I have a huge problem because I am violating one contract or the other.

Forming strategic alliances on the web is not only a smart move, but a necessary one if you want to pull in big revenues. Just make sure you are protected by entering into a written agreement that defines exactly how the alliance will work.

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Domain Name Cease Desist Letters - What Do They Look Like?

By Stephen H. Sturgeon, Esq

You may have received an email or a letter demanding that you turn over your domain name to the person who wrote the letter. You may be wondering what it is and how you can find out how to handle it. Although the letter or email may not contain the words "cease and desist letter" or "demand letter," the common term used to describe this type of letter is "cease and desist

letter." The letters are also occasionally referred to as "domain name demand letters."

An example of a domain name cease and desist letter is provided below so that you will be able to recognize whether your letter is a domain name cease and desist letter. A brief explanation is also included. In order to maintain the confidentiality of the sender and the recipient, the company on whose behalf the letter is being sent is referred to as "ABC Company" and the domain name owner is referred to as "Domain Name Registrant."

[Printed on Stationery Letterhead of Law Firm]

Dear Registrant:

Our law firm represents ABC Company and its direct and indirect subsidiaries. ABC Company offers a wide range of products and services, including ______, ______ and _____ all under the ABC name and mark. ABC is the U.S. trademark registration of the term ABC. ABC Company has been using the ABC name and mark since at least as early as _________. You are presumed to have knowledge of ABC Company's registered marks and reputation because your domain name incorporates the ABC mark in its entirety and is virtually identical to ABC's web site address, www. ABC.com. See PNC Fin. Servo Group Inc. V. Unasi Inc., FA058000535925 (NAF Sept. 20, 2005).

It has recently come to the attention of ABC Company that you are the registrant of the domain name ABC.net. When this domain name is entered into an Internet browser, the user is redirected to a web page that contains a variety of links, the majority of which relate to the goods and services that ABC Company provides. Such uses are a violation of state and federal trademark and unfair competition laws,including, without limitation, the Anticybersquatting Consumer Protection Act, 15 U.S.C. §1125( d). Moreover, such uses and registration are in violation of federal and state trademark and unfair competition laws, and Public Domain Registry's "Domain Registrant Agreement." widespread recognition of ABC Company and ABC marks across the United States. These marks are an invaluable asset of ABC, and cannot and will not permit them to be weakened or destroyed as an identifier of its products.

On behalf of ABC Company, we hereby demand that you immediately cease and desist all uses of the domain name, transfer the registration to ABC Company, and cease and desist all uses of ABC (and any term confusingly similar to ABC). In addition, ABC demands that you certify that you controls no other registrations that include the term ABC (or any term confusingly similar to ABC).

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Received a Complaint From the World Intellectual Property Organization (WIPO) About Your Domain Name

By Stephen H. Sturgeon, Esq.

If you have received a UDRP domain name dispute complaint from the World Intellectual Property Organization (WIPO) either by mail or by email, you should respond to it as soon as possible. Otherwise, you may lose your domain name.

The acronym UDRP stands for Uniform Domain Name Dispute Resolution Procedure. It is a procedure that has been established by ICANN, the governing body of the Internet to handle domain name disputes in an expeditious manner through arbitration. The legal proceedings are commenced in an attempt to take away a domain name from the person who has registered the name. In other words, the person who has filed the complaint is claiming that they should have the domain name because they think that you are a "cybersquatter" or because they think that they have more rights to the domain name than you.

As described in the information that you receive from the arbitration organization (NAF), they require that a response be sent to them within 20 days of the commencement date. If a response is not sent, the arbitration organization can decide to transfer the domain name away from you. You may have additional legal and financial risk beyond the arbitration proceeding. There are several laws that the complainant can utilize in order to attempt to obtain a money judgment and monetary damages from you. Accordingly, it is important that this matter be handled well.

After a response to the UDRP complaint is submitted, the dispute is assigned to an arbitrator to make a decision about whether the complainant can take away your domain name. Second submissions can also be filed in order to bolster the arguments of either party to the domain name dispute. If the judge makes a decision that your domain name should be transferred to the complainant, the transfer is made to the complainant within a few days. The only way to overturn the decision of the arbitrator is to initiate a lawsuit. Consequently, it is important that you submit a strong defense to the arbitrator in response to the complaint.

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Oklahoma Computer Crimes Act - Felonies and Misdemeanors

By Todd Going

The words "computer crime" generally conjures one of two ideas: high-tech espionage or child pornography. However, in Oklahoma these take on a much broader approach. From online solicitation of a minor and other internet sex crimes to hacking and fraud, these crimes in Oklahoma are clearly defined by the Oklahoma Computer Crimes Act (21 O.S. 1951 et. seq.). Section 1953 of the Oklahoma Statutes deems the following to be criminal offenses: (partial list)

1. Willfully, and without authorization, gain or attempt to gain access to and damage, modify, alter, delete, destroy, copy, make use of, disclose or take possession of a computer, network or any other property;

2. Use a computer or any other property as defined for the purpose of devising or executing a scheme or artifice with the intent to defraud, deceive, extort or for the purpose of controlling or obtaining money, property, services or other thing of value by means of a false or fraudulent pretense or representation;

3. Willfully exceed the limits of authorization and damage, modify, alter, destroy, copy, delete, disclose or take possession of a computer, computer system, computer network or any other property;

4. Willfully and without authorization, gain or attempt to gain access to a computer, computer system, computer network or any other property;

Under the Oklahoma law, some of these crimes are misdemeanor offenses, but most of the offenses are felonies. Misdemeanors include:

• Accessing a computer or network without authorization
• Using or allowing the use of a computer service without authorization
• Using a computer, computer system, or computer network to abuse, threaten, or harass another individual

The six remaining crimes are felonies. Some specific examples of CPU crime include internet fraud; computer sexual exploitation; copyright piracy (illegally downloading music, for example); hacking; and development and distribution of viruses, worms, bots, spyware, and malware.

Along with the increasing access to computers and the internet comes increased responsibility for ethical use of technology. By abusing the privileges of technology through internet sex crimes and other computer crimes, one risks the consequences of conviction. Conviction of a misdemeanor computer crime in Oklahoma is can result in a maximum sentence of 30 days in jail and up to $5,000 in fines. Oklahoma computer crime felonies are punishable by fines of $5,000 to $100,000 and a maximum prison sentence of ten years. Additionally those convicted are also subject to civil lawsuits as well as criminal charges.

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Cyber Crime Cyber Bullying - The New Online Danger

By Sol Neuhardt

Crime has a new face - online abuse, in today's times. The worst part - it's invisible. Maria Gromakova, a blogger from St. Petersburg, Russia, experienced it first hand when her blog became the target for Russian radical nationalists, and was filled with offensive comments and threats.

Not content on attacking Maria on her blog, her online assailants sent her abusive fascist text messages on her cell phone, hacked her profile on a popular Russian social network site, and even attacked her on a city train, all in the name of 'preserving Russia's nationalistic fabric'. The result - Maria's life turned into a living hell, and made her and her family leave Russia.

If you feel you are a victim of online abuse and harassment from an anonymous source, it is a case of personal injury. Get in touch with an attorney in Billings, Montana, and restore your online persona.

Harmful Effects of Online Abuse

A number of researches have demonstrated the serious consequences of cyber harassment. The victims often develop lower self-esteem, increased suicidal ideation, and a variety of adverse emotional responses. A major damaging effect of online abuse is a victim avoiding his/her friends, family and social activities. The suicide of Megan Taylor Meier, a Missouri teenager in 2006, was attributed to cyberbullying through the social networking site MySpace.

Stop Online Harassment Before Its Too Late

Follow these steps to ensure you always remain one step ahead of your invisible enemy:

* Never give out your primary email id to anyone you do not trust or know
* Never put any sensitive information on personal pages on social networking sites
* Be careful when posting messages in an online forum
* Do not fall for phishing emails that claim your account has been suspended or needs to be updated - they are scams
* If anything looks too good to be true, it probably is
* In case of breach of online identity, report it immediately to the law enforcement officials. Make sure you have all the documents with you
* Contact a lawyer who is well versed in tackling cyber crimes

Online abuse and harassment can leave a permanent scar on your life. The internet is not what it used to be any more. Although we need the internet in our daily lives, we should also exercise proper caution before furnishing our personal and business details. After all your online identity is just as important as your offline one. If you think your identity is violated in the cyberspace, get legal advice immediately.

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