Gerard Simington's Articles

Viacom and YouTube Dispute – All About Copyright Licensing
Viacom has announced the first huge copyright infringement notice against YouTube. It has served YouTube with notice to remove 100,000 infringing videos. As you know, YouTube is a site where people can post videos of just about anything. Millions of pe...

Internet Law in 2007
As we start off the 2007 year, many in the web community probably have questions about what developments we can expect in web law in 2007. Well, the issues already appear to be coming together. Internet Law in 2007 The beauty of the web is it is st...

The Impact of the Global Online Freedom Act If It Passes
Congress is notorious for avoiding contentious issues when it comes to legislation. One bill working its way through committee could slap major internet companies around in a big way. The Impact of the Global Online Freedom Act If It Passes A funny...

Music Industry Runs Into Copyright Enforcement Problems In France
As you know by now, the music industry aggressively pursues file sharing networks claiming that the exchange of music on them is a copyright infringement. Well, the industry now has a problem in France. Music Industry Runs Into Copyright Enforcement Pr...

Where the Law is Headed in 2007?
As we approach the end of December, it is time to open gifts and start thinking about 2007. So, what can we expect in the legal field next year? Where the Law is Headed in 2007? Predicting practically anything in the future is a risky endeavor indee...

States Let BMG Off on Anti-Piracy Program Computers
As you may recall, Sony BMG ran into a bit of bad publicity earlier this year when it started issuing music CDs that installed an anti-piracy program on user computers. Well, Sony just got off light. States Let BMG Off on Anti-Piracy Program Computers...

A New Music Copyright Lawsuit Against YouTube
In the middle of November, Universal Music filed an extensive copyright lawsuit against YouTube, not long after Google moved to purchase it. So, what does this portend? A New Music Copyright Lawsuit Against YouTube As you undoubtedly know, YouTube i...

A Guide to Picking an Attorney
In our modern society, legal issues arise practically every day. Given this fact, you need to know how to pick an attorney for your situation. If you live in America, you are going to run into some type of a legal issue that must be addressed. Hopeful...

Positions in a Law Firm
If you run into a legal dispute, and everyone does, you may need to hire a law firm to represent you. If so, it helps to know who is who in regard to positions in the law firm. Positions in a Law Firm It may come as a surprise to learn that law firm...

Lawyer Jokes
It is often said that if you can't laugh at yourself, you need to lighten up. In the case of lawyer jokes, you might be surprised that many lawyers find them funny as well. Lawyer Jokes When it comes to jokes, many suggest there is always a grain o...

Stupid Criminal Anecdotes
There is an old cliche that crime does not pay, but sometimes you have to wonder. Of course, the intellect of the person committing the crime certainly needs to be taken into account! Stupid Criminal Anecdotes When it comes to crimes, there are type...

Understanding Non-Compete Agreements
When it comes to business law, there are a number of areas that make sense at first glance, but become complex when you get into the heart of the matter. Non-compete agreements are such an area. Understanding Non-Compete Agreements Every business ...

The Basic Elements of Contracts
At the foundation of every legal transaction is the document known as a contract. Here is a guide to this document, why it is important and why you should use it. The Basic Elements of Contracts For as long as we can remember, things have been acco...

An Introduction to Trademarks
In marketing, there is a particular strategy known as branding. In many ways, trademarks are designed to protect your brand from use by others. An Introduction to Trademarks A trademark is a form of intellectual property. Intellectual property is o...

Introduction to the Corporate Entity
Many people considering starting their own business here about various business entities, but don't really understand them. Here is an introduction to the corporate entity. Introduction to the Corporate Entity Working for yourself is a great thing. ...

Do You Have To Form An Entity For A New Business?
Over and over you will hear you need a business entity for your start-up. This raises the question or whether you are actually required to have one. When starting a business, one can run into information overload. One area this can occur with is busine...

What is the Best Location to Incorporate?
Okay, you have made the decision to go ahead and incorporate to protect yourself. The next question is where is the best place to do so? One of the most misunderstood elements of business law is jurisdiction. Jurisdiction simply refers to the issue of ...

What Your Lawyer Does and Does Not Do
Many people hire an attorney without really understanding what this person will do for them. Understanding what they do and do not do is important. What Your Lawyer Does and Does Not Do Most people have an image of attorneys based on what they see o...

Your Options with Frivolous Lawsuits
As you hear and see over and over in the media, there are a lot of bizarre lawsuits filed in our country. So, what are the options when dealing with frivolous lawsuits? Your Options with Frivolous Lawsuits When talking about frivolous lawsuits, it i...

Be Careful When Using Free Legal Forms
The law is a very complicated subject. Many people forget this when it comes to legal forms. Specifically, there are a few things you need to know before going this route. Be Careful When Using Free Legal Forms What is the number one thing people ha...

What Courts Hear Contract Disputes?
For many people, the court system might as well be a maze. When it comes to a business dispute over a contract, the court system works in a particular manner. What Courts Hear Contract Disputes? The court system in the United States actually makes a...

When is a Contract Violated?
Contracts are the foundation of all business transactions, the agreements that bind people to their word. So, what constitutes a violation of a contract? When is a Contract Violated? A contract is simply an agreement between two or more parties to d...

A Quick Guide to Asbestos and Health Issues
Unless you have been completely out of touch, you have probably heard all the hubbub about the dangers of asbestos. So, what is the big deal? A Quick Guide to Asbestos and Health Issues Asbestos is a fibrous material that is highly resistant to bur...

A Quick Guide to Mesothelioma
When you talk about the health risks caused by asbestos, mesothelioma is at the top of the list. It is a sad story with a very unhappy ending. A Quick Guide to Mesothelioma Beginning in 1926, various studies started revealing that the wide spread us...

The Stages of Civil Litigation
Getting involved in a lawsuit can be a very stressful situation, regardless of which side you are on. To limit the stress, it often helps to understand the process and stages of litigation. What is civil litigation? Civil litigation is a lawsuit wher...

Is Going to Court Like What You See on Television?
These days, it is practically impossible to turn on the television without immediately seeing some show involving scenes in the courtroom. So, how realistic are the television shows compared to real life courtroom situations? To say the courtroom dram...

The FTC and Zango Settlement Regarding Adware
As you may have heard, the FTC recently reached a significant settlement with an adware firm by the name of Zango. So, what are the lessons learned from the settlement? The FTC and Zango Settlement Regarding Adware According to FTC filings, Zango w...

The Battle between Microsoft and Google
With the advent of the Internet revolution, the latest and greatest corporate war is clearly between Google and Microsoft. While that is no surprise to anyone, there are some interesting aspects of this battle. One of the more humorous aspects of the ...

Google, YouTube and Copyright
In a rather stunning move, Google recently purchased the popular video site YouTube The question many are asking is how Google will deal with the potential copyright violations on the site? To show you how much the Internet has changed in a relatively...

Trademarks – An Exercise In Patience
Trademarks are a form of intellectual property for a person or business. To protect your mark, you always should formally trademark it. This brings us to the subject of patience. Trademarks - An Exercise In Patience A mark is simple a distinctive na...

An Introduction to Business Entities
Opening your own business is a major part of the American Dream. If you are heading down this road, you need to consider the form your business will take. An Introduction to Business Entities A business entity is simple the form in which you busine...

Understanding the Magnificent Limited Liability Company
Every once in awhile, government passes a law that makes you smile. The creation of the limited liability company constituted just such an act. Understanding the Magnificent Limited Liability Company There are two primary ways something becomes law...

Limited Liability Companies and Taxes
Over the last 30 years, limited liability companies have become a very popular choice as a business entity among small businesses. While the entity is a good choice, there are some tax issues that must be considered. Limited Liability Companies and Ta...