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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.
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.
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.
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?