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UCITA Revealed
UCITA (the Uniform Computer Information Transactions Act) was drafted as a revision to the Uniform Commercial Code (UCC) ' a body of law adopted in almost every U.S. state that aims to ensure consistency in rules governing contract laws.
Drafters of the UCC have spent the last several years attempting to amend the code to provide uniform rules for intangible products involved in computer-information transactions. The American Law Institute (ALI) and the National Conference of Commissioners on Uniform State Laws must jointly adopt any changes to the UCC.
In 1994, the National Conference of Commissioners and ALI began working jointly to create a new UCC article titled Article 2B. But a rift developed as the drafting process neared its end. The National Conference and ALI couldn't agree on language for numerous code sections, so ALI withdrew support of the legislation in 1999. The proposed article also drew protest from many consumer groups who felt the draft didn't provide sufficient consumer protections and gave software licensing companies too much power.
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.
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.
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.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?