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Part One of a Two-Part Article
Widespread use of the Internet is barely a decade old, and already its use and abuse have increased dramatically. While the Web provides companies with new outlets for their products, it also provides a larger outlet for rogue entities to harm the consumer and damage manufacturers' reputations. Indeed, the Internet has created an opportunity for a whole new class of fraudulent activity, with rampant identity theft the best known. In the context of drug outlets, if a purchaser buys his or her prescription from a “rogue” pharmaceutical site, that consumer may be buying expired, substandard, contaminated, counterfeited and, in some cases, unsafe products. The lack of medical oversight, which can result in administration of incorrect dosages, wrong or contra-indicated drugs, or medication without adequate directions for use are among the concerns to be addressed as we enter this new world of Internet pharmacies.
The Problem
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 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.
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.
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.
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.