Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Spyware: Courts and Legislatures Respond
Most find it to be a nuisance. Advertisers consider it to be cutting edge. Either way, spyware (or adware) is receiving a lot of attention recently in the press, in the courts and in legislatures around the country.
Simply put, spyware is software that is placed on a person's computer, often without the user's knowledge (by downloading some other free software program like a music download service or free screensaver) and then monitors Web-surfing activity, which results in the triggering of pop-up advertisements on the computer user's computer screen. For example, if a computer user types “Macys.com” into its browser, pop-up advertisements for its competitors such as Bloomingdale's or Saks Fifth Avenue may come up. There are two main companies that distribute software that includes spyware ' Claria Corporation (formerly known as Gator) and WhenU Co.
According to Claria Corporation's Web site (www.claria.com/companyinfo), “Claria Corporation is a leader in online behavioral marketing, serving over 43 million consumers and more than 1000 advertisers to date.” Claria distinguishes itself from other marketing models since through its “Gain Network,” “Claria allows advertisers to target consumers based on their individual needs and interests, not mass demographically targeted web site populations.” Claria achieves this by providing free software applications to consumers such as “Weatherscope,” and “Precision Time.” These software programs will display pop-ads based on the consumer's online activity.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
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?