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The decision was a no-brainer for the judge, said Raymond Van Dyke, a partner with Merchant & Gould. "Although the extent of infringement appears low in this instance, the law still applies," he told the E-Commerce Times. "The Judge, viewing the personal admission of infringe...
"For European sales, Microsoft disabled the browser, creating a bifurcation in their world sales, likely to the detriment of European buyers," Raymond Van Dyke, partner with Merchant & Gould, told the E-Commerce Times. "Concerning the interoperability of Microsoft Office formats with competitors' products, Microsoft opened up the standards a while back." ...
It's unlikely that Microsoft deliberately lifted Kayak's intellectual property, said Raymond Van Dyke, a partner with Merchant & Gould. There are apparent similarities between the Kayak and Bing travel sites, particularly with respect to the overall layout and use of sliders,...
There are also watchdog groups to monitor abnormal Web link usage and provide the needed vigilance to detect this activity, Raymond Van Dyke, partner with Merchant & Gould, told the E-Commerce Times. "Microsoft and other companies that legitimately advertise or provide the me...
The FTC has a huge job monitoring and prosecuting those companies that cross the societal line between appropriate and inappropriate or illegal uses, said Raymond Van Dyke, a partner with Merchant & Gould. "That line is often a delicate one, but here the players are extreme a...
If nothing else, the case represents the often delicate balance between constitutional and practical concerns generated by modern technologies, noted Raymond Van Dyke, a partner with Merchant & Gould. "Although the judge's ruling followed the letter of the law, many privacy g...
There is a new mindset at the Justice department, evidenced by the leaked news of this confidential inquiry, suggested Raymond Van Dyke, a partner with Merchant & Gould. It "indicates the Obama administration's intent to carefully scrutinize American companies' business pract...
Indeed, the EU's pursuit of Microsoft and other U.S. companies for violating its competition laws has been going on for years, observed Raymond Van Dyke, a partner with Merchant & Gould "Many in the U.S. feel that U.S. companies have been unfairly treated in comparison to EU-r...
Craigslist argues in its court filing that McMaster's threats, among other things, violates Craigslist's rights under the federal Communications Decency Act, Raymond Van Dyke, a partner with Merchant & Gould, told the E-Commerce Times "The Communications Decency Act provides w...
This case, like most litigation, is likely to settle. "It is also likely that the defendants will be able to continue with their branding using the term 'Android' in view of this settlement," said Raymond Van Dyke, a partner with Merchant & Gould. The downside for Google, sh...
Still, antitrust law does allow room for an FTC investigation under these circumstances, explained Raymond Van Dyke, a partner with Merchant & Gould. "The Clayton Act of 1914, particularly Section 8, governs situations where there are interlocking directors, such as where an ...
ICANN was set up in 1998 to counter the "Wild West" ethos then swirling through the Internet, according to Raymond Van Dyke, a partner in the Washington, D.C., office of law firm Merchant & Gould. "Now, 10 years later, the townsfolk of many different backgrounds want another ...
The defense attorneys are making a valid argument, Raymond Van Dyke, a partner with Merchant & Gould, told the E-Commerce Times. "Swedish Judge Tomas Norstrom may have done everything correctly and had no objective or subjective bias, [but] the defense attorney's move for a retrial is not frivolous."
"As the first president to appoint a chief technology officer, President Obama sends a clear message that he and his administration embrace the 21st Century," Raymond Van Dyke, a partner with Merchant & Gould, told TechNewsWorld. "The President's pick of technologist Aneesh C...
The antitrust due diligence on both sides appears to have beenthorough, which also bodes well for the deal's successful conclusion.Preliminarily, the Korean Federal Trade Commission has indicated thatthe deal can go through under certain conditions, letting eBay startacquiring the requisite 67 percent stake in Gmarket, Raymond Van Dyke, apartner in Merchant & Gould, told the E-Commerce Times...
However, as a successful example of a Web 2.0 business -- primarily in Europe -- Skypecould make for an especially interesting IPO in 2010, Raymond Van Dyke, a partner at Merchant & Gould, told the E-Commerce Times. "Since the hopeful synergy between eBay and Skype failed to materialize, it was only amatter of time until eBay sensibly returned to its e-commerce roots."
The line for determining what's permissible and what's not isn't clear, and courts employ various factors to guide them in making this decision, agreed Raymond Van Dyke, an attorney with Merchant & Gould. "With potentially large statutory damages possible for not taking down ...
Another point that makes this case a little different from other tech suits is that Microsoft rarely turns to the courts to resolve perceived patent violations. It is usually a defendant in such cases -- with as many as 50 cases pending against it at any time, Raymond Van Dyke, a technology attorney with Merchant & Gould, told LinuxInsider.
The EU's antitrust regulators appear to engage in selective enforcement, suggested Raymond Van Dyke, a technology attorney and partner at Merchant & Gould. "Although they aver their independence, it is odd how competition standards vary when European companies are under consideration," he told the E-Commerce Times.
It was because the plaintiffs in the case seemed to have different grievances about the compatibility of Vista with their respective computers that the judge ruled against the creation of the class, explained Raymond Van Dyke, a technology attorney in the Washington, D.C., office of Merchant & Gould...
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