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Develoments of Note
NCCUSL Abandons Support for UCITA
Citing a lack of acceptance and widespread political opposition, the National Conference of Commissioners on Uniform State Laws (NCCUSL) on July 31 pulled its support for the Uniform Computer Information Transactions Act (UCITA). Virginia and Maryland adopted the uniform software licensing law in 2000, but NCCUSL couldn't get any other states over the last several years to adopt UCITA. In fact, several states recently enacted anti-UCITA “bomb shelter” legislation that prevents vendors from applying Virginia's or Maryland's UCITA laws. Although NCCUSL discharged its UCITA standby committee and decided to expend no more resources on UCITA, the law remains in effect in Virginia and Maryland, and is a reference point for courts addressing software-transaction disputes.
WTO to Hear Complaint on U.S. Online Gambling Ban
On July 21, the World Trade Organization (WTO) granted a request from Antigua & Barbuda for an arbitration panel to hear its dispute with the United States. The Caribbean island nation expressed concerns that U.S. legislation to ban credit card payments to online gaming establishments was severely damaging the country's revenues and investment prospects. The gist of Antigua & Barbuda's complaint is that while U.S. laws often permit U.S.-based operators to offer gambling and betting services in the United States, foreign operators can't supply gambling and betting services from outside the United States, in violation of international trade accords. Many gambling operations have closed shop in Antigua & Barbuda, following decisions of U.S.-based credit card companies to cease processing online gambling transactions.
ISPs Question RIAA's Subpoenas Aimed at File-Swappers
NetCoalition, a trade association representing U.S. Internet service providers (ISPs), sent a letter to the Recording Industry Association of America (RIAA) on Aug. 11 questioning some of RIAA's recent tactics to combat unapproved file-swapping. In particular, RIAA sent subpoenas to ISPs seeking identities of subscribers they suspect are copyright infringers. Among other things, NetCoalition's letter expresses concerns about costs of complying with the subpoenas and about getting caught in the middle of the recording industry's enforcement efforts. The letter seeks more information from RIAA on the subpoena strategy.
The publisher of this newsletter is not engaged in rendering legal, accounting, financial, investment advisory or other professional services, and this publication is not meant to constitute legal, accounting, financial, investment advisory or other professional advice. If legal, financial, investment advisory or other professional assistance is required, the services of a competent professional person should be sought.
Julian S. Millstein Edward A. Pisacreta Jeffrey D. Neuburger
NCCUSL Abandons Support for UCITA
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
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Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.