Open Innovation and Social Networking Communities Ownership and

Open Innovation and Social Networking Communities: Ownership and Licensing of Intellectual Property Prepared by Sean F. Kane Principal, Kane & Associates LLC Copyright 2010 Kane & Associates LLC

What is a Social Networking Site? ¡ A social network focuses on building and reflecting social networks or social relations among people, e. g. , who share interests and/or activities. ¡ Most social network services are web based and provide means for users to interact over the internet, such as email and instant messaging. ¡ Social networking sites allow users to share ideas, activities, events, and interests within their individual networks.

Social Network Sites

What is your Profile? ¡ A social network service essentially consists of a representation of each user (often a profile), his/her social links, and a variety of additional services.

Legal Social Network Sites Open Membership Invitation Only

Comply with Terms of Use Intellectual Property ¡ Determining Owners ¡ Source of Rights l Closed v. Open l External legislation ¡ Defining Proper Uses l EULA rights l Contests ¡ Administering Rights ¡ Content creation l Dispute resolution l User Generated Content l Safeguarding property ¡ External I. P. l Insurance (server l Deny use of external crashes) trademarks? l Transfer mechanisms l Policy for handling use of external I. P. ?

You Think You Are Collaborating with

Although In Reality…

What if Satan is on my Friends List? ¡ Virtual friends can be added to a "friends list" that can often allow him or her connect with your other connections. ¡ Need to be careful about your friend settings.

Law Firm Social Networking Pages ¡ Take a common sense approach to posting. ¡ Do you want a presence on social networking sites? l l l Informal employee-created pages or groups; Using social networks to advertise; Firm policy;

Law Firm Social Networking Pages ¡ Will you allow public interaction? l Generally protected from liability by Section 230 of the CDA, but. . . ¡ Potential for bad publicity ¡ Selective filtering of participation ¡ Affirmative misstatements about regulating participation ¡ COPPA ¡ Unauthorized practice of law or creating of attorney-client relationship

ABA Commission on Ethics ¡ Do the Model Rules and existing disciplinary enforcement mechanisms adequately address the issue of social networking sites by lawyers and law firms?

Thank You Sean F. Kane, Esq. Kane & Associates, LLC 475 Park Avenue South, 19 th Floor New York, New York 10016 Tel: (212) 696 -0010 Fax: (212) 696 -0070 Email: skane@Kane. Associates. LLC. com