Managing IP Guest Article: Don't Be Left Standing at the Courtroom Door


Recent security-related events involving social media sites have triggered lawsuits that raise the increasingly relevant legal concept of standing. While some defendants have used this argument successfully to dismiss claims against them, courts remain divided on the issue and several important cases have yet to be decided. Social media companies must understand how to use standing to their advantage based on what courts have said so far, and how to defeat plaintiffs’ assertions of standing, until the courts reach consensus on this evolving area of the law.

Before online interactive computing became commonplace, the term 'cookies' was used only to refer to desserts, 'hack' meant a poor writer and a 'thread' referred to a thin sewing yarn. But these have all taken on additional, and sometimes more common, meanings in the internet era.

Standing' is the latest common term that interactive online businesses have helped to popularise as a word with significant technology-related meaning. It is now used to signal a powerful defence to litigation against online companies.

Excerpted from Managing IP, May 2, 2013. To view full article, click here (subscription required).

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