Comments for SMHLLAW http://www.smhllaw.com A law firm for the business of the innovative and creative classes. Fri, 06 Feb 2009 22:54:25 -0800 http://wordpress.org/?v=2.8 hourly 1 Comment on Sue or Settle: Using Game Theory for Decision Support by Prof. Seth Freeman http://www.smhllaw.com/2009/01/28/sue-or-settle-using-game-theory-for-decision-support/comment-page-1/#comment-202 Prof. Seth Freeman Fri, 06 Feb 2009 22:54:25 +0000 http://www.smhllaw.com/2009/01/28/sue-or-settle-using-game-theory-for-decision-support/#comment-202 Dear Ms. Yazicigil, Thanks for a thoughtful essay on an important topic! Your insightful and strategic approach to the litigation decision made me wonder if you might enjoy a popular game I created and co-authored, coincidentally called "Sue or Settle," published by Harvard Law School. http://www.pon.org/catalog/product_info.php?products_id=274. I would welcome your thoughts about it. Warm greetings to you. Cordially, Seth (Prof. Seth Freeman, J.D.) Assistant Clinical Professor, NYU Stern School of Business and Adjunct Professor, Columbia University sf14@nyu.edu Dear Ms. Yazicigil,

Thanks for a thoughtful essay on an important topic! Your insightful and strategic approach to the litigation decision made me wonder if you might enjoy a popular game I created and co-authored, coincidentally called “Sue or Settle,” published by Harvard Law School. http://www.pon.org/catalog/product_info.php?products_id=274.

I would welcome your thoughts about it.

Warm greetings to you.

Cordially,
Seth (Prof. Seth Freeman, J.D.)
Assistant Clinical Professor, NYU Stern School of Business and
Adjunct Professor, Columbia University
sf14@nyu.edu

]]> Comment on How to Handle Patent Trolls, Trademark Gremlins and Copyright Ogres by Josh Kincaid http://www.smhllaw.com/2008/07/31/how-to-handle-patent-trolls-trademark-gremlins-and-copyright-ogres/comment-page-1/#comment-169 Josh Kincaid Thu, 07 Aug 2008 00:48:58 +0000 http://www.smhllaw.com/2008/07/31/how-to-handle-patent-trolls-trademark-gremlins-and-copyright-ogres/#comment-169 Thanks Martin, very informative. Thanks Martin, very informative.

]]> Comment on How to Handle Patent Trolls, Trademark Gremlins and Copyright Ogres by Rob Harmer http://www.smhllaw.com/2008/07/31/how-to-handle-patent-trolls-trademark-gremlins-and-copyright-ogres/comment-page-1/#comment-168 Rob Harmer Tue, 05 Aug 2008 12:48:34 +0000 http://www.smhllaw.com/2008/07/31/how-to-handle-patent-trolls-trademark-gremlins-and-copyright-ogres/#comment-168 Also consider the protection of keywords (which can be considered a form of branding) and the rights you can claim over these if properly constructed with websites and domain names. Keyword "soft lifting" is designed to capitalise on Google page ranking in searches. We have had several instances of keyword plagiarism on our site that we have sent very effective standdown email demands to the infringing party. It's not easy to enforce but it can be done. Also consider the protection of keywords (which can be considered a form of branding) and the rights you can claim over these if properly constructed with websites and domain names.

Keyword “soft lifting” is designed to capitalise on Google page ranking in searches.

We have had several instances of keyword plagiarism on our site that we have sent very effective standdown email demands to the infringing party. It’s not easy to enforce but it can be done.

]]> Comment on Intellectual Property Metrics for the Year Ending 2007 by Stanley http://www.smhllaw.com/2008/03/18/intellectual-property-metrics-for-the-year-ending-2007/comment-page-1/#comment-128 Stanley Thu, 27 Mar 2008 00:27:57 +0000 http://www.smhllaw.com/2008/03/18/intellectual-property-metrics-for-the-year-ending-2007/#comment-128 These charts are very helpful. The fluctuations are quite interesting. Thanks for the info! These charts are very helpful. The fluctuations are quite interesting. Thanks for the info!

]]> Comment on Noncompete Agreements – Are they Valid in Oregon?: The Oregon Legislature significantly changes Employment Laws including Noncompetition Agreements by Melina http://www.smhllaw.com/2007/10/22/noncompete-agreements-are-they-valid-in-oregon-the-oregon-legislature-significantly-changes-employment-laws-including-noncompetition-agreements/comment-page-1/#comment-81 Melina Thu, 20 Dec 2007 18:59:11 +0000 http://www.smhllaw.com/2007/10/22/noncompete-agreements-are-they-valid-in-oregon-the-oregon-legislature-significantly-changes-employment-laws-including-noncompetition-agreements/#comment-81 very interesting. i'm adding in RSS Reader very interesting. i’m adding in RSS Reader

]]> Comment on Noncompete Agreements – Are they Valid in Oregon?: The Oregon Legislature significantly changes Employment Laws including Noncompetition Agreements by martin http://www.smhllaw.com/2007/10/22/noncompete-agreements-are-they-valid-in-oregon-the-oregon-legislature-significantly-changes-employment-laws-including-noncompetition-agreements/comment-page-1/#comment-79 martin Mon, 19 Nov 2007 17:54:55 +0000 http://www.smhllaw.com/2007/10/22/noncompete-agreements-are-they-valid-in-oregon-the-oregon-legislature-significantly-changes-employment-laws-including-noncompetition-agreements/#comment-79 Also see the same date on the regulator's announcement: It is January 1, 2008. http://www.oregon.gov/BOLI/GOV_SIGNS_SB248_MEDIARELEASE.pdf martin Also see the same date on the regulator’s announcement: It is January 1, 2008.

http://www.oregon.gov/BOLI/GOV_SIGNS_SB248_MEDIARELEASE.pdf

martin

]]> Comment on Noncompete Agreements – Are they Valid in Oregon?: The Oregon Legislature significantly changes Employment Laws including Noncompetition Agreements by martin http://www.smhllaw.com/2007/10/22/noncompete-agreements-are-they-valid-in-oregon-the-oregon-legislature-significantly-changes-employment-laws-including-noncompetition-agreements/comment-page-1/#comment-78 martin Mon, 19 Nov 2007 17:50:59 +0000 http://www.smhllaw.com/2007/10/22/noncompete-agreements-are-they-valid-in-oregon-the-oregon-legislature-significantly-changes-employment-laws-including-noncompetition-agreements/#comment-78 Laurie, Your question deals with the "effective date." While I would not say Westlaw and my colleagues are wrong, they are imprecise. Our article is precise in that it says the law applies to "employment agreements entered into after January 1, 2008." Generally, the day a bill is signed by the executive or the date of a veto-override, is the day it becomes a law. That does not mean the law is “effective” on that date. Many times laws provide a transition period so those regulated can plan and adapt. This non-compete law severely restricts individuals and businesses and their right to contract so it is appropriate it is not effective on the day it was signed. Sometimes immediate effective dates that make a law effecive on the day of signature tend to be some type of “emergency legislation.” The procedural rules of the legislative body set the boundaries for this question of the effective date on various types of legislation. martin Laurie,

Your question deals with the “effective date.” While I would not say Westlaw and my colleagues are wrong, they are imprecise. Our article is precise in that it says the law applies to “employment agreements entered into after January 1, 2008.”

Generally, the day a bill is signed by the executive or the date of a veto-override, is the day it becomes a law. That does not mean the law is “effective” on that date. Many times laws provide a transition period so those regulated can plan and adapt. This non-compete law severely restricts individuals and businesses and their right to contract so it is appropriate it is not effective on the day it was signed. Sometimes immediate effective dates that make a law effecive on the day of signature tend to be some type of “emergency legislation.” The procedural rules of the legislative body set the boundaries for this question of the effective date on various types of legislation.

martin

]]> Comment on Noncompete Agreements – Are they Valid in Oregon?: The Oregon Legislature significantly changes Employment Laws including Noncompetition Agreements by Laurie http://www.smhllaw.com/2007/10/22/noncompete-agreements-are-they-valid-in-oregon-the-oregon-legislature-significantly-changes-employment-laws-including-noncompetition-agreements/comment-page-1/#comment-76 Laurie Fri, 16 Nov 2007 19:06:55 +0000 http://www.smhllaw.com/2007/10/22/noncompete-agreements-are-they-valid-in-oregon-the-oregon-legislature-significantly-changes-employment-laws-including-noncompetition-agreements/#comment-76 When does the new law take effect? You say January 1, 2008. Some of your colleagues say the date the bill was signed (Westlaw agrees) When does the new law take effect? You say January 1, 2008. Some of your colleagues say the date the bill was signed (Westlaw agrees)

]]> Comment on Valuing Intellectual Property Assets by Jessica Spiegel http://www.smhllaw.com/2007/06/14/valuing-intellectual-property-assets/comment-page-1/#comment-31 Jessica Spiegel Thu, 05 Jul 2007 23:18:51 +0000 http://smhllaw.com/?p=91#comment-31 This is a great article. My friend and I were actually discussing this topic yesterday and she pointed out that many of the proponents of open source software realize that either someone else is profiting off of their work, or that they have put a lot of time into something and would like to profit themselves. So the technology industry is moving past it's early idealism and into the reality of a market economy. This is a great article. My friend and I were actually discussing this topic yesterday and she pointed out that many of the proponents of open source software realize that either someone else is profiting off of their work, or that they have put a lot of time into something and would like to profit themselves. So the technology industry is moving past it’s early idealism and into the reality of a market economy.

]]> Comment on Valuing Intellectual Property Assets by Judi Coover http://www.smhllaw.com/2007/06/14/valuing-intellectual-property-assets/comment-page-1/#comment-30 Judi Coover Sat, 16 Jun 2007 12:56:07 +0000 http://smhllaw.com/?p=91#comment-30 Great article Martin! Great article Martin!

]]>