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Developments of Note
Yahoo! Enters Agreement with NY Attorney General on Marketing Practices
Online service provider Yahoo! entered into an Assurance of Discontinuance agreement with the New York State Attorney General, promising to change several marketing practices announced last year as part of a new preferences program. In the Matter of Yahoo! Inc. (Agreement dated Sept. 24, 2003). In March 2002, Yahoo! announced changes to its marketing program that would have included in Yahoo!'s telemarketing and e-mail campaigns consumers who had already opted out when they registered, unless they affirmatively opted out again. Among other things, the agreement forbids Yahoo! from telemarketing to users who had previously opted out, and requires that Yahoo! provide all users additional notice of the marketing changes and an additional opportunity to opt out of receiving e-mail promotions. Additionally, Yahoo! agreed to pay $75,000 to cover the costs of the investigation.
Librarian of Congress Creates Limited DMCA Exemptions
On Oct. 28, the Librarian of Congress announced four classes of works that are exempted from the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA). The four limited classes are: 1) lists of sites blocked by commercial Internet filtering software; 2) computer programs protected by hardware dongles that are broken or obsolete; 3) computer programs or video games that use obsolete formats or hardware; and 4) e-books that prevent read-aloud or other handicapped access formats from functioning. Many critics of the DMCA had urged further exemptions that would have allowed the circumvention of copyright protections in more situations where the user engages in noninfringing uses of the works.
California Enacts Tough Anti-Spam Law
On Sept. 23, California Governor Gray Davis signed legislation that is perhaps the most far-reaching anti-spam law in the nation. The new law is worded broadly to prohibit any person or entity from sending an unsolicited commercial e-mail advertisement either “from California” or “to a California electronic mail address.” It also prohibits “advertising” in such e-mails. Individual recipients, Internet service providers and the state attorney general are authorized to pursue actions against violators, with liquidated damages of up to $1 million per spamming incident. The new law is set to take effect on Jan. 1, however, court challenges are anticipated.
Julian S. Millstein Edward A. Pisacreta Jeffrey D. Neuburger
Yahoo! Enters Agreement with NY Attorney General on Marketing Practices
Online service provider Yahoo! entered into an Assurance of Discontinuance agreement with the
Librarian of Congress Creates Limited DMCA Exemptions
On Oct. 28, the Librarian of Congress announced four classes of works that are exempted from the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA). The four limited classes are: 1) lists of sites blocked by commercial Internet filtering software; 2) computer programs protected by hardware dongles that are broken or obsolete; 3) computer programs or video games that use obsolete formats or hardware; and 4) e-books that prevent read-aloud or other handicapped access formats from functioning. Many critics of the DMCA had urged further exemptions that would have allowed the circumvention of copyright protections in more situations where the user engages in noninfringing uses of the works.
California Enacts Tough Anti-Spam Law
On Sept. 23, California Governor Gray Davis signed legislation that is perhaps the most far-reaching anti-spam law in the nation. The new law is worded broadly to prohibit any person or entity from sending an unsolicited commercial e-mail advertisement either “from California” or “to a California electronic mail address.” It also prohibits “advertising” in such e-mails. Individual recipients, Internet service providers and the state attorney general are authorized to pursue actions against violators, with liquidated damages of up to $1 million per spamming incident. The new law is set to take effect on Jan. 1, however, court challenges are anticipated.
Julian S. Millstein Edward A. Pisacreta Jeffrey D. Neuburger
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.
'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
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.
CoStar Wins Injunction for Breach-of-Contract Damages In CRE Database Access Lawsuit
Latham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.