UCC Doesn’t Save Homeowner From Careless Installment Contract or Unsatisfactory A/V System
Great Expectations for $100K Are Nice, But You Should Still Put Them in the Contract I probably like Article 2 of the Uniform Commercial Code more than most lawyers, but even I have to recognize its limitations. Article 2 governs sales of goods, from candy bars to...
Merry Christmas (and Happy Hogswatch)! Further Thoughts on Zappos’ Terms of Service
Wherein I Explain My Behavior I've been MIA from the Blog with No Name for a while. Sorry about that. I've been struggling with a guest blog, which might turn into a full-blown article, about why it was wrong, wrong, wrong for Nimmer on Copyright to so definitively...
Merry Christmas (and Happy Hogswatch)! Further Thoughts on Zappos' Terms of Service
Wherein I Explain My Behavior I've been MIA from the Blog with No Name for a while. Sorry about that. I've been struggling with a guest blog, which might turn into a full-blown article, about why it was wrong, wrong, wrong for Nimmer on Copyright to so definitively...
La Rivière de Commerce Flows On: The First Sale Doctrine Goes Big in Europe
In the last couple blog posts, we talked about best practices to ensure that your website Terms of Use are enforceable as a contract with your customers. We talked about the different kinds of “wrap” agreements - “clickwrap,” “browsewrap,” and the far more familiar...
Zappos Keeps Unzipping: The Other Problem With Its Terms of Use
Last time, we told you a scary story about how Zappos hid its Terms of Use from its customers and then couldn't rely on them to force customers into arbitration when it mattered. This time we're going to talk about the other reason the arbitration provision failed -...
Zappos Terms of Use Could Use Some ….. Zipping?
We’ve come across a couple of cases this year that serve as “teachable moments.” This might be the best one yet. Certainly it was a good one for Zappos. The premise for our Lesson of the Day is that basic contract principles require, as the Court in this case said,...
Aaron | Sanders lawyers honored by peer review ratings services
Super Lawyers® has named Tara Aaron to its list of Mid-South Rising Stars for 2012. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The...
Toward a Constitutional Model for Copyright Statutory Damage Awards
The Executive Summary Version I’m going to take another crack at my last post—and at my next post*—so reading this is actually a form of time travel. And travel into a parallel universe in which I've already written the next post (which will never be written in this...
Toward an Analytical Framework for Determining Statutory Copyright Damages
Part I: Why Williams Isn't the Answer Sorry, but I can’t let go of the Thomas-Rasset affair quite yet. It is not my habit to criticize court opinions. They are what they are, and the important thing for us lawyers is to understand them. But in this case, I’d like to...
Rick Is Named a "Best Lawyer" Again, This Time in Copyright & Trademark, Too
Some of you might remember that, last year, Rick was named a "Best Lawyer" by the Best Lawyers in America folks, in the field of "Litigation—Intellectual Property." It's a nice honor, and we appreciate it! Well, this year, Rick was again named a "Best Lawyer," but...
Music Industry v. Thomas-Rasset: Constitutional Challenge to Copyright Statutory Damages Turned Aside
But Should Juries Have This Much Discretion? Last time we celebrated the finality* of the music industry’s case against Jammie Thomas-Rasset. The parties, for different reasons, decided to stop insisting on remittitur, let the judge rule on the constitutionality of...
Thomas-Rasset File-Sharing Saga Finally Ends, with Tactical Victory for Rights-Holders
How Many Licks? One, Two-hoo, *Crunch*, Three Er, how many trials does it take to get to the center of a file-sharing case, where the plaintiffs have a point to prove and the defendant has nothing left to lose? Three, apparently (because no one can get there without...
