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How to Write an FTC Guides Disclosure Policy

Posted 01-05-2010 at 08:34 AM by Chip Cooper (Cutting Edge Legal Developments)

Now that the initial buzz on the Web has analyzed when and under what circumstances endorsers are required by the FTC Guides to disclose "material connections" with their advertisers, the next big questions are:
  • how to actually disclose these material connections,
  • what are the elements of an FTC Guides Disclosure Policy, and
  • how to write one?
In the context of the Guides, a Disclosure Policy is a written statement by an endorser that discloses the endorser's relationship with an advertiser...
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Software Licensing: Best Buy, Samsung, and Others Named in GPL Lawsuit

Posted 12-15-2009 at 12:29 PM by Chip Cooper (Cutting Edge Legal Developments)

Yesterday, December 14, 2009, the Software Freedom Law Center brought suit against 14 corporate defendants claiming violation of its license agreement (GNU GPL ver. 2) for the BusyBox software utility.

The complaint claimed that the defendants had distributed the BusyBox software within firmware – embedded in the defendants’ electronic products or by itself – in a manner that does not comply with the BusyBox license agreement.

Specifically, the complaint states that “The...
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Australian Spammer Nailed by FTC for Over $15,000,000 for CAN-SPAM Violations

Posted 12-14-2009 at 11:01 AM by Chip Cooper (Cutting Edge Legal Developments)

The Federal Trade Commission (FTC) recently announced that a federal judge has ordered Lance Atkinson, the ringleader of a vast international spam network, to pay $15.15 million in a default judgment. Jody Smith, Atkinson’s US accomplice, also agreed to an order requiring him to turn over nearly all of his assets to the FTC, to settle FTC charges.

Atkinson and Smith deceptively marketed products such as male-enhancement pills, prescription drugs, and weight-loss pills.
...
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Your SaaS Agreement - Which End-User Agreement Approach is Right For You?

Posted 12-07-2009 at 05:58 PM by Chip Cooper (Cutting Edge Legal Developments)

In my 11-20-09 post, I discussed 4 strategies for structuring your SaaS reseller agreements.

This post focuses on your SaaS agreement for end-users.

Clients often ask me: How do you decide which approach is right for you? What are the factors to consider?

Read my article: Your SaaS Agreement - Which End-User Agreement Approach is Right For You?

Chip
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Top 4 Strategies to Structure Your SaaS Reseller Agreement

Posted 11-20-2009 at 08:03 AM by Chip Cooper (Cutting Edge Legal Developments)

You've successfully started up or converted to the SaaS model, and now you'd like to leverage your success by setting up a reseller channel for your SaaS offering.

Or, you'd like to offer functionality using the SaaS model to your existing customers, and you'd like to start by offering a SaaS service provided by another service provider.

How do you go about structuring the transaction - including the SaaS Reseller agreement that will implement it?

There...
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