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<B><I>Clause Of The Month</b></i>Anti-Spamming Provision for E-mail Provider's Acceptable Use Policy
Despite their constant technological and legal efforts, e-mail providers have found it nearly impossible to keep users from spreading unsolicited commercial e-mail, or spam, throughout their systems. The situation has reached the point where traditionally fierce competitors such as America Online, Yahoo! and Microsoft are now pooling their resources to combat spam.
Any company that provides any kind of e-mail services should make it clear to users at the outset that spamming will not be tolerated. The following language may be included in the provider's Acceptable Use Policy that must be agreed to by all users.
You agree not to use the Services to:
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services; or
- transmit (by uploading, posting, e-mail or otherwise) any unsolicited or unauthorized advertising, promotional materials, 'junk mail,' 'spam,' 'chain letters,' 'pyramid schemes' or any other form of solicitation, unless the recipient has specifically requested to receive such information and is at all times given the opportunity to opt-out of receiving such information in the future.
Donald R. Ballman is an associate in the Hartford, CT, office of Brown Raysman Millstein Felder & Steiner LLP.
Despite their constant technological and legal efforts, e-mail providers have found it nearly impossible to keep users from spreading unsolicited commercial e-mail, or spam, throughout their systems. The situation has reached the point where traditionally fierce competitors such as America Online, Yahoo! and
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?