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Spammers Should Know Their Source
Spam is a cost effective and lawful marketing tool. A spammer can send an e-mail advertisement to one million people at a cost of only $100. Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, CAN-SPAM Act of 2003, 15 USC 7701, allows the use of unsolicited commercial e-mail. However, to avoid legal difficulties, those who use spam should consider doing more. In particular, it is highly advisable to establish an appropriate chain of title for target list databases they acquire.
Database transfer transactions may be subject to claims of copyright violation. While printed compilations of data have always been protected under copyright law, computer data ' data stored in the form of a database ' have only been protected since 1978. As with all copyright law, copyright on databases protects only original works. As such, in most instances only the layout of the database is protected and not the inherent data itself.
Prior to Feist Publications v. Rural Telephone Service, 499 U.S. 340 (1991), courts would commonly accept a database owner's argument that the efforts expended to collect and store data constituted a sufficient rationale to protect a database under copyright law. In Feist, however, the Supreme Court held that only the arrangement of collected facts could be granted protection. Copyright law does not prohibit the copying of facts, even newly discovered or expensively acquired facts, according to Harper & Row Publishers, Inc. v. Nation Enterprises, 471 U.S. 539, 556 (1985).
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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?