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Case Briefs
Damage to Computer Systems Caused by Installation of Software Not Covered Property Damage
In America Online v. St. Paul Mercury Insurance Co., No. 02-2098, ___ F.3d ___ (4th Cir. October 15, 2003), the U.S. Court of Appeals for the Fourth Circuit held that, under Virginia law, an insurer has no duty to defend or indemnify its insured, America Online (AOL), against claims that installation of version 5.0 of its internet-access software caused significant damage to its customers' computer systems and data.
In October 1999 AOL released Version 5.0 of its access software, used by its subscribers to access the Internet and AOL's content services. Soon thereafter, AOL was sued in numerous class actions by subscribers who claimed that installation of the software caused interference with their computers' communications settings, rendered non-AOL programs inoperable, altered hundreds of files on their computer hard drives (including critical system files), and was difficult to remove once installed. Many of the underlying plaintiffs alleged that their computer systems had become totally inoperable as a result.
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?