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Wiley Rein's David Weslow Answers Questions for Webmasters and Developers
David E. Weslow, a partner in Wiley Rein's Intellectual Property Practice, took part in a wide-ranging conversation with TechRepublic that focused on legal issues facing web masters and developers. The two-part interview touched on a number of important topics, including cybersquatting, copyright infringement, top level domain names, and intellectual property matters pertaining to cloud computing and mobile content.
When asked whether there is "one concern, liability, or legal responsibility that sticks out which clients fear the most with respect to their websites," Mr. Weslow responded: "There are two issues that are at the top of the list for many organizations. One, whether or not the domain name you want to use is clear to use based on trademark rights. Just because you can buy a domain name that is available does not mean it is clear legally to purchase or use the domain name. ... Second, organizations should be very careful how they source and maintain content for websites. It is not appropriate to find content or source code from the Internet and "borrow" it. It is also important that when you hire a web developer, especially when working with a developer from outside of the U.S., to make sure that they are not borrowing source code from other sites or projects."