E-Business 101 Parts 1 and 2: Taxonomy and Anatomy - Customer Lists and Opt-In Email Lists
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CUSTOMER LISTS and OPT-IN EMAIL LISTS and the information gathered about visitors to a website may also constitute significant assets of the business. As mentioned above, we will discuss the legal issues related to this information in later Articles. Opt-in email lists, in which members request email regarding a specific topic are highly effective. The value of the list will depend upon the number of members who have opted in and the relative commercial value of the topic. An opt-in email list is another asset to the business. Like the custom list, this is an intangible asset.
Many aspects of the web site may also be protectable under the United States Patent Laws. While, there is some disagreement about the ultimate enforceability of specific patents, the United States Patent Office has been issuing business method and software Patents which may afford significant protection for web-based businesses.
In addition to the equipment that comprises the Server and the intangible assets unique to the operation of an e-business, an e-business is likely to also have either an interest in real estate, furniture, equipment, bank accounts and the other assets typical to other "bricks & mortar" businesses.
A proper taxonomy of the nature of an e-business and a complete understanding of the anatomy of the assets of the e-business is critical to our ability as lawyers to identify legal issues and properly protect the interests of our clients. In subsequent parts to this series we will address many of these issues in greater detail.
Attorney Alderman regularly represents businesses as creditors, licensors, licensees, and other parties in interest in Commercial Transactions, Business Restructurings, e-commerce and Complex litigation. Since 1995, he has helped clients protect over $100 million dollars worth of Intellectual Property.
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