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e-Commerce DOCKET SHEET
A notice accompanying packaged and downloadable software purporting to restrict purchasers from publishing product reviews or disclosing benchmark test results without seller's permission is unenforceable and may be sanctionable under New York law prohibiting deceptive business acts and practices (People v. Network Associates Inc., No. 400590/02, N.Y. Sup. Ct. N.Y. Cty. Jan. 14, 2003).
The court agreed with the New York Attorney General's Office that the restrictions in the notice were unenforceable because the notice was separate from the software's license agreement and that the license stated it was the 'entire agreement' between the parties.
The court also agreed that the language of the unenforceable notice might lead purchasers to believe they were prohibited from publishing reviews or tests under federal or state law.A subpoena issued pursuant to the Digital Millennium Copyright Act (DMCA) may be used to require an Internet service provider (ISP) to reveal the identity of a subscriber suspected of copyright infringement (Recording Industry Association of America v. Verizon Internet Services Inc., Civ. No. 02-MS-0323, D.D.C. Jan. 21, 2003).
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?