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Mass Law Blog

Intellectual property and business litigation, Massachusetts and nationally
Written by humans

Lee Gesmer’s Mass Law Blog began in 2005, and contains almost 600 posts. The site initially focused on Massachusetts law, but today it follows business and intellectual property law nation-wide. The site is hosted by Gesmer Updegrove LLP, a law firm based in Boston, Massachusetts. The firm represents startup and established companies in the areas of litigation, transactions (including financings, mergers and acquisitions), IP rights, taxation, employment law, standards consortia, business counseling and open source development projects and foundations. You can find a summary of the firm’s services here. To learn how Gesmer Updegrove can help you, contact: Lee Gesmer

Recent Business Law Decisions From the Mass State Courts

Noncompete Agreements. Plaintiffs seeking to enforce noncompete agreements by means of preliminary injunctions have been up against it as of late. In Payson's Trucking v. Yeskevicz (pdf file) Judge Peter Agnes denied the plaintiff's motion, which was brought against a contracting party (as opposed to an employee), on the grounds (among others) that the agreement was too vague as to its geographic reach and in the identification of the plaintiff's actual customers. In Merchant Business...

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Just another boring August afternoon in the Internet Age

First, Google wants to digitize every book ever written. Now, YouTube wants to make available, for free, every music video ever created: YouTube, which sprung out of nowhere a year ago to now claim over 100 millions views a day, is negotiating for rights to post current and archive music videos on its site, and said any commercial model it decides on will offer the videos free. "What we really want to do is in six to 12 months, maybe 18 months, to have every music video ever created up on...

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Of iPods, Lock-Ins and the DMCA

As an ambivalent owner of an Apple iPod I've given a lot of thought to the fact that songs I download from Apple's iTunes will not play on a portable device other than an Apple iPod. If I want to play my iTunes music collection on another manufacturer's MP3 player, today or five years from now, I'll be unable to play the tunes downloaded from iTunes. The Digital Millennium Copyright Act prevents competitors from reverse engineering the protection Apple embeds in these files, and therefore...

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An Update on Google Book Search

University of California joins in. The University of California is joining Google's book-scanning project, throwing the weight of another 100 academic libraries behind an ambitious venture that's under legal attack for alleged copyright infringement. Link here for full story. For an earlier and in depth discussion of this issue click here.

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This site is hosted by Gesmer Updegrove LLP, a technology law firm based in Boston, Massachusetts. You can find a summary of our services here. To learn how GU can help you, contact:
Lee Gesmer