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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
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.
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?
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.