Ansel Jay Halliburton

Ansel Jay Halliburton

Startup lawyer and IP litigator
  • Communications & Internet Law, Business Law, Intellectual Property...
  • California
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Claimed Lawyer ProfileQ&ASocial Media
Practice Areas
  • Communications & Internet Law
  • Business Law
  • Intellectual Property
  • Securities Law
  • Trademarks
Fees
  • Free Consultation
Jurisdictions Admitted to Practice
California
Education
University of California, Davis, School of Law
J.D.
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Honors: Witkin Award for Academic Achievement (Trademark Law)
Activities: King Hall Intellectual Property Law Association (Vice President) UC Davis Family Protection & Legal Assistance Clinic (Certified Law Student)
University of California - Berkeley
B.A. / Political Science (2002)
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Awards
Witkin Award for Academic Achievement
UC Davis School of Law
Awarded in Trademark Law
Professional Associations
American Bar Association
Current
Certifications
Black Duck Legal Specialist
Black Duck Software
Websites & Blogs
Website
Halliburton Legal
Legal Answers
3 Questions Answered

Q. I want to make an Online storage service,but is it legally safe for me if the user uploaded a music/video file?
A: It depends! This is a minefield, so tread very carefully, and preferably with guidance from a good internet and copyright lawyer. Here are some of the laws and issues to consider: If the service actively encourages users to upload copyrighted music and videos, then it could be found liable for inducing or contributing to the users' copyright infringement. This is what killed Napster and other file-sharing services. If there's no such encouragement, then that is less likely—but still don't rule it out. It's very fact-specific. The Digital Millennium Copyright Act provides a safe harbor for online service provides, but only if they comply with the notice-and-takedown framework it provides. This is why YouTube stays alive: when copyright owners notify them of infringing videos, they take them down right away. It's very challenging to do this at scale. Beyond copyright issues, Section 230 of the Communications Decency Act provides immunity to online service providers. This would protect against claims like defamation in content uploaded by users. Whether the sharing is public or private makes little difference, except perhaps for the number of copies and therefore the magnitude of potential infringement.
Q. How do I go about addressing a trademark breach?
A: A well-written and specific cease-and-desist letter is usually a good first step. It will be taken far more seriously if it comes from a lawyer. Keep in mind that trademarks can be lost through lack of policing—so sending these letters is important to that end as well.
Q. Are court documents considered public domain for purposes of posting them on a website or blog?
A: There is some new information on this question as of July 2014. Judge Jed S. Rakoff in the Southern District of New York issued a more detailed opinion which found that collecting legal briefs by lawyers (not just opinions and orders by judges) was fair use. Professor Eric Goldman summarizes the issues and the case, which is White v. Westlaw: http://blog.ericgoldman.org/archives/2014/07/republishing-litigation-brief-is-fair-use-white-v-westlaw.htm
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Contact & Map
150 Post Street
Suite 520
San Francisco, CA 94108
USA
Telephone: (415) 955-1155