Protecting Intellectual Property On The World Wide Web

A Web-Wrap is an electronic license used to protect a company's proprietary interest in information and technology on the company's World Wide Web site. A draft revision of the Uniform Commercial Code ("UCC") to deal with problems arising from protecting intangible property in electronic transactions has been proposed. The proposed UCC section would subject the Web site visitor to the terms of the Web-Wrap agreement only if "prior to or within a reasonable time after beginning to use the intangibles pursuant to an agreement, the party (1) manifests assent to a standard form license; and (2) had an opportunity to review the terms of the agreement before manifesting assent, whether or not it actually reviewed the terms."

Why This Is Important... Companies should be aware of this developing trend. To protect intellectual property on their Web site, it should include the terms of the agreement and a procedure by which visitors must agree to it before continuing to use the information on the site.

Same-Sex Harassment By Heterosexual Supervisor

The Massachusetts Supreme Court has ruled that male employees sexually harassed by a male supervisor can recover even though the supervisor was heterosexual. The Court concluded that the supervisor's actions, including sexually explicit remarks and physical touching, was a violation of the law prohibiting sexual harassment, regardless of the supervisor's sexual orientation.

Why This Is Important... The decision marks an expansion of Massachusetts' sexual harassment law. Employers should be aware that they can be liable for sexually offensive conduct by their employees, whether the harasser is the same sex as the victim or is heterosexual.

Rescission Damages Not Doubled Under Chapter 93A

The Superior Court decided that a company providing warranty protection had defrauded a store. The Court awarded the store rescission damages - damages meant to put the parties in the same position had the contract never existed. The Court then doubled the damages under Chapter 93A, Massachusetts' Unfair and Deceptive Business Practices law finding that the warranty company's actions were knowing and willful. The Supreme Court ruled that the rescission damages were not "actual damages" that could be doubled under Chapter 93A, but were instead "equitable relief."

Why This Is Important... Many business people are aware that Massachusetts law provides for double or triple damages where businesses knowingly or willfully engage in unfair and deceptive business practices. However, this decision limits the doubling or trebling under Chapter 93A to only actual damages.

England's New Arbitration Act

England has a new arbitration act which is designed to make international arbitrations easier. Active Nicolai Law Group clients have received a memorandum which describes the new law and its effect. If you want a copy e-mailed to you, just subscribe to our mailing list and we will be happy to send you one.