Our Mission

There are many sites which provide information about legal issues related to the Internet. This site reports about law suits which grow out of use of the Internet. The most obvious reason to look at law suits is to learn how not to become a party to one, or if you are in a dispute, to reckon what a judge or jury would do with your problem. To a litigator, answering that question is the first step in assessing risk and opportunity. These are the questions or "topics" that Netigation will strive to address.

About Topics

Things change so rapidly on the Internet that "hot spots" of litigation may flare up suddenly, and then they may die down almost as quickly, for one of these reasons: changes in technology or business practice may eliminate a problem or render it irrelevant; courts may provide strong enough guidance that would-be litigants can predict outcomes, enabling them to settle, or legislation may dictate the answers to disputes. Courts frequently disagree, however, and courts and legislatures do tend to raise new questions while trying to answer the ones before them. We will be identifying new topics as they come in focus, and we will be providing summaries and abstracts of key opinions, and our thoughts about problems and opportunities appearing on the horizon.

How the Site is Structured

The topics will change. Some will end up being archived, eventually. For example, it's not surprising that Jurisdiction (where a party can be brought into court) is getting lots of attention right now, since it is an issue which can be fought and decided at the beginning of a case. As a threshold question, it will probably get sorted out sooner than others.

For each topic, the Overview - Background Note - Case Digest - sequence is meant to get you as deep into a subject as you care to go, thus accommodating both lawyers and Internet participants who are not so burdened. Questions and comments can be sent to us from any page in the site.

Our Philosophy

In an emerging area of law, such as Internet law in 1998, the few decided cases function somewhat like the first few pieces that one places in a jigsaw puzzle. Such pieces provide important clues as to which pieces will fill the numerous holes. Thus, even if a particular legal question is not answered by the decisions you will find at this site, those decisions still provide an indication of the shape of future decisions. In addition, articles by legal commentators which can be accessed through this site often provide further guidance, either in the form of a predication or a recommendation, as to how courts should answer the numerous remaining unanswered questions.

The role of the lawyer in such an area of law is, to use another metaphor, not unlike that of a harbor pilot, albeit one provided with a chart which records only a few scattered soundings of the port. Despite this handicap, an experienced pilot can make educated guesses as to the contours of the harbor floor from the shoals and deep water that is identified. The metaphor breaks down because, of course, unlike a harbor pilot, a lawyer has the ability to shape the harbor through legal argument.

Local Issues

The world of the Internet may have no borders, but laws still vary from state to state. Massachusetts is our home base, so we offer this brief summary of the court system in Massachusetts and law that may relate to Internet companies' disputes, should they find themselves being held to the laws of Massachusetts. This is only a summary from a litigation perspective; for a business planning - tax - etc. go to our firm site or a firm in your own state or region.