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Publications

January / 2011

Privacy Update: Class Action Permitted to Proceed

A recent US federal case permitted a class action to proceed based on a site’s violation of users’ privacy. The problem was that the site’s privacy policy was not sufficiently well- drafted.
In this Privacy Update, David Mirchin explains what websites need to do to minimize their exposure for violations of users’ privacy.
The full update is available through the PDF icon.
Technology and Intellectual PropertyTechnology and Intellectual Property
October / 2010

Viacom v. YouTube Big Victory for Content-Based Websites

If a website is full of infringing material posted by third parties, can it still enjoy immunity from copyright infringement claims? Yes! In perhaps the most closely watched case on this subject for the last 15 years, a U.S. court recently awarded YouTube a clear-cut victory.
The court held that the U.S. Digital Millennium Copyright Act (“DMCA”) protects website operators from infringement claims even if they had general knowledge that infringement is “ubiquitous” on their site. David Mirchin analyzes this case and suggests how Israeli websites may take some tips on how to handle material posted by their users.

The full update is available through the PDF icon.

Technology and Intellectual PropertyTechnology and Intellectual Property
September / 2010

Recent Ruling on Employee Claims for Royalties for Inventions

The Israeli Compensation and Royalties Committee issued a new ruling that raises questions as to the ability of employers to obtain royalty-free assignments of inventions developed by employees during their term of service.
The full update is available through the PDF icon.
Technology and Intellectual PropertyTechnology and Intellectual Property
September / 2010

Israel Joining the Madrid System for Trademark Registration

On September 1, 2010, Israel joined the Madrid System for the International Registration of Trademarks.
The Madrid System allows companies and individuals to apply for trademark protection in various countries simultaneously using one central filing and registration procedure. Among the main advantages of the Madrid System are lower costs, one single application form, one language, one set of fees, multiple classes in each application and one international registration. Another major advantage is that the involvement of a local trademark agent may only be needed if the trademark application encounters an opposition in a selected country.

The full update is available through the PDF icon.

Technology and Intellectual PropertyTechnology and Intellectual Property
September / 2010

Israel Internet and New Media Update: 2009 Year in Review

In this annual update from Meitar’s Technology and Intellectual Property Group, David Mirchin, head of the practice group, presents what he considers to be five of the most important developments during 2009 in Israeli law impacting e-commerce and technology companies.
The five topics are:

  • The Premier League Loses Big: Streaming of Sport Events is a “Fair Use”
  • The Score is Tied at 2-2: Initial Judicial Decisions under the new Israeli Spam Law
  • Proposed Electronic Commerce Law Withdrawn
  • Courts Regulating ISP Liability in Light of Failure to Enact Electronic Commerce Law
  • Liability of Cell Phone Companies for Third Party Content

The full update is available through the PDF icon.

Technology and Intellectual PropertyTechnology and Intellectual Property
March / 2010

The Right Way to Revise Your Site’s Terms of Use

For the first time ever, the Israeli Database Registrar imposed an administrative fine (in the amount of NIS 177,000) on a company for its use of a database in violation of the Israeli Privacy Law.
In this Privacy Law Update David Mirchin explains the violation in this case, and reminds clients of what to do so that they don’t end up in the same predicament as this company.

The full update is available through the PDF icon.

Technology and Intellectual PropertyTechnology and Intellectual Property
August / 2009

Liability for User Generated Content 2009

David Mirchin has published a Client Update which analyzes a recent case in the United States on website liability, including a brief comparison to Israeli and EU law, and some suggestions how you can avoid liability.

It used to be that websites had complete immunity in the United States from claims that content posted by third party users was defamatory. In Barnes v. Yahoo!, an important recent case in the 9th Circuit, however, the court held that Yahoo! could be liable for defamatory content posted by a user which they promised to take down, but did not.

The full update is available through the PDF icon.

Technology and Intellectual PropertyTechnology and Intellectual Property