Your Website May be Used Against You in Florida Federal Courts

With changing technology, federal courts are quickly developing case-law regarding the admissibility of web-pages and websites in today's courts.

2012-03-14

March 14, 2012 (Press-News.org) In today's world, it is almost impossible to imagine a life without the Internet. Many people are becoming increasing dependent on Facebook, Google or even email - with younger generations who would find themselves completely lost without them. Unfortunately, as with every technological advancement there is always someone who is willing to exploit it; which is only illustrated by an Internet rife with illegal music and movie downloads, not to mention unauthorized uses of trademarks.

Consequently, the owners of intellectual property - such as copyrights and trademarks - must protect and enforce their ownership rights on the Internet, or run the risk of losing them. Thus, the infringing uses on the world-wide-web of intellectual property often leads to litigation throughout the nation, including Florida.

However, once intellectual property litigation begins, the issue arises of how intellectual property owners are going to prove infringement when often the only proof of infringement is an actual Internet web-page. In the past, being able to use printouts of web-pages in court proved to be exceedingly difficult, with one U.S. District Court judge even stating that the Internet is "one large catalyst for rumor, innuendo, and misinformation" and that information found on the Internet is presumed to be "inherently untrustworthy" and unable to be verified for authenticity.

Fortunately, courts' opinions have evolved alongside technology, and now many federal courts will allow printouts of web-pages to be used as evidence as long as they can be verified and authenticated.

Using Web-Pages in Florida Federal Court

The Federal Rules of Evidence requires authentication of evidence "as a condition precedent to admissibility." When it comes to non-government web-pages federal courts, including Florida, have determined that they are not self-authenticating. In St. Luke's Cataract and Laser Institute v. Sanderson, a Florida federal court stated, "to authenticate printouts from a website, the party proffering the evidence must produce 'some statement or affidavit from someone with knowledge [of the website] ... for example [a] web master or someone else with personal knowledge would be sufficient.'"

Also, although not specifically enumerated by federal courts in Florida, other courts have set forth three questions when determining if a web-page has established adequate foundation.

- Is the printout an accurate reflection of the computer image on the web-page on the specified date
- Is the website where the posting appears controlled or owned by a particular entity or person
- Is that particular entity or person the author of the website posting

Moreover, when a federal court considers whether a web-page printout is sufficiently trustworthy to be used as evidence, it will generally look at the totality of the circumstances. The court can look at a number of factors, including some of the following:

- How long has the information/posting been on the web-page
- Whether the federal court can verify the information/posting is still posted on the web-page
- Whether the author of the web-page has republished the same content in additional places
- Whether others have republished the same content and cited the web-page as its source

Ultimately, if authorship or responsibility for the web-page cannot be adequately shown, a federal court will normally exclude the evidence so that it cannot be considered.

Web-Pages as Hearsay

It is important to note that even if a web-page can be authenticated and proper foundation laid, it still may excluded by the court if they determine the web-page is hearsay - simply put, if the web-page is being offered for the truth of what it asserts.

Generally, if the web-page or posting is sufficiently authenticated as being from the person it is now being offered against, the page or posting can be considered an admission by that party, and thus not hearsay. However, if the web-page or posting is authored by a third party and offered for its truth, it must fall under a federal hearsay exception in order to be used by the court - such as the business records exception.

Although nothing in this article should be taken as legal advice, it does illustrate the difficulties courts face today as they attempt to keep up with technology. Federal evidence rules can be complex and confusing, especially when dealing with the web-pages and intellectual property. If you believe your intellectual property has been infringed upon, or conversely are being accused of infringing someone else's intellectual property, it is important to contact an experienced intellectual property attorney in your area to be advised of your rights and options.

Article provided by Grumer & Macaluso PA
Visit us at www.grumerlaw.com

ELSE PRESS RELEASES FROM THIS DATE:

American public opposes Israel striking Iran: UMD poll

2012-03-14

COLLEGE PARK, Md. - Only one in four Americans favors Israel conducting a military strike against Iran's nuclear program, finds a new University of Maryland poll. Nearly seven in ten (69 percent) favor the United States and other major powers continuing to pursue negotiations with Iran, a position supported by majorities of Republicans (58 percent), Democrats (79 percent) and Independents (67 percent). Consistent with this emphasis on a diplomatic approach, three in four Americans say that the United States should primarily act through the U.N. Security Council rather ...

Just 60 seconds of combat impairs memory

2012-03-14

Just 60 seconds of all-out physical exertion in a threatening situation can seriously damage the memories of those involved for many details of the incident, according to a new study of police officers. Police officers, witnesses and victims of crime suffer loss of memory, recognition and awareness of their environment if they have had to use bursts of physical energy in a combative encounter, according to scientists. Researchers, led by Dr Lorraine Hope of the University of Portsmouth, found that less than 60 seconds of all-out exertion, as might happen when an officer ...

Cell Phone Use by Pedestrians Rife With Dangers, According to New Study

2012-03-14

We have all heard about the risks of texting behind the wheel, but walkers who are glued to their mobile devices may also pose a risk. According to a new study, talking on a cell phone or texting while walking can have a drastic impact on pedestrian safety. Cell Phone Users Found To Be Imprecise Walkers In the study from Stony Brook University, 33 men and women in their 20s, all of them familiar with cell phone use and texting, were shown a target on the floor approximately 25 feet away. They were then blindfolded, and instructed to walk to the target at a comfortable ...

Barrier to faster graphene devices identified and suppressed

2012-03-14

These days graphene is the rock star of materials science, but it has an Achilles heel: It is exceptionally sensitive to its electrical environment. This single-atom-thick honeycomb of carbon atoms is lighter than aluminum, stronger than steel and conducts heat and electricity better than copper. As a result, scientists around the world are trying to turn it into better computer displays, solar panels, touch screens, integrated circuits and biomedical sensors, among other possible applications. However, it has proven extremely difficult to reliably create graphene-based ...

Premises Liability Designed to Protect Citizens from Sidewalk Hazards

2012-03-14

Premises liability is an area of law designed to protect certain individuals from unsafe or dangerous conditions. Generally, most premise liability cases involve slip and fall accidents. This type of accident can occur in many situations, ranging from tripping on a product in a store aisle to slipping on an ice covered sidewalk. Such accidents can result in serious injuries, and negligent property owners in New York City and all across the country can be held accountable for these injuries under the law. New York City's Premises Liability Law and Sidewalks Premises ...

Genome sequencing initiative links altered gene to age-related neuroblastoma risk

2012-03-14

Researchers have identified the first gene mutation associated with a chronic and often fatal form of neuroblastoma that typically strikes adolescents and young adults. The finding provides the first clue about the genetic basis of the long-recognized but poorly understood link between treatment outcome and age at diagnosis. The study involved 104 infants, children and young adults with advanced neuroblastoma, a cancer of the sympathetic nervous system. Investigators discovered the ATRX gene was mutated only in patients age 5 and older. The alterations occurred most often ...

The Pros and Cons of Using Loan Modifications to Fight Foreclosure

2012-03-14

Our meandering economy has pushed the finances of many families quite literally to the breaking point. When reserves have been exhausted, homeowners struggle to find a way to pay their mortgages. Often people look to loan modifications to avoid home foreclosure. Unlike a refinance of a home, a loan modification does not create a new loan. Loan modifications are simply changes made to the existing loan. The terms of the loan are renegotiated to make it more affordable. The Challenge of Loan Modifications All too often, however, the loan modification process can ...

Sex-Offender Registry in New Jersey: What Does Megan's Law Require?

2012-03-14

As the state that first initiated the registration process commonly known as Megan's Law in 1994, New Jersey imposes serious consequences on individuals convicted of sex crimes against children. Anyone facing allegations of child molestation, child-pornography possession or child sexual assault should know that, in addition to prison and a criminal record, the consequences of a conviction can include lifetime registration as a sex offender. New Jersey's criminal-justice code mandates registration by certain sex offenders and authorizes publication of their presence within ...

New York Workers' Compensation: No Employer Repayment for Concurrent-Job Benefits

2012-03-14

Doing business in New York is more expensive for employers and their workers' compensation insurers because of a 2007 change in state workers' compensation law. Thomas v. Warren County DPW, a recent New York state court decision, interpreted that amendment. Thomas confirms a series of judicial opinions holding that employers (or their workers' comp insurance carriers) may no longer be reimbursed out of a public fund for those portions of higher workers' compensation benefits paid out to employees for wages lost from second jobs they held when they were injured. The ...

Four Subway Deaths in 24 Hours -- Some Safety Reminders

2012-03-14

Subways and buses are the preferred mode of transportation for millions of New Yorkers every day. Not only is public transportation convenient, but it also helps protect the environment. And, best of all, there is no need to find parking, which is either very expensive or unavailable. Yet, the convenience comes with some safety concerns, as evidenced by four fatal NYC subway accidents that occurred in a recent 24-hour period in the New York subway system. The causes of death ranged from intoxication, slipping and falling on the stairs, and, finally, people inexplicably ...

Your Website May be Used Against You in Florida Federal Courts

ELSE PRESS RELEASES FROM THIS DATE:

LAST 30 PRESS RELEASES: