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CAN-SPAM Act Passes Challenge At Fifth Circuit
In the first review of a federal law meant to regulate unsolicited fraudulent commercial e-mail, the Fifth U.S. Circuit Court of Appeals ruled recently that the CAN-SPAM Act does not pre-empt a University of Texas policy that blocks unsolicited commercial e-mail.
White Buffalo Ventures, a company that operates Longhorn Singles, an online dating service aimed at students of University of Texas, sued the university after it blocked the business from sending unsolicited e-mails, or spam, to people through the school's e-mail system in 2003.
In White Buffalo Ventures v. University of Texas at Austin, the company claimed that the university's action violated its free speech rights and that the school's policy of forbidding spam on its e-mail server was pre-empted by the CAN-SPAM Act. The company says it complied with the act.
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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.
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?