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Can You Keep A Secret?
When a number of blogs posted secret details and drawings of Apple Computer's new music technology — code-named Asteroid — Apple's lawyers did what lawyers do: They sued the Web sites to find out the posters' identities and sources.
Early this year, a judge in Santa Clara, CA, allowed Apple to enforce the subpoenas, rejecting the bloggers' claims that as “journalists” they were entitled to legal protection for their sources. Judge James Kleinberg ruled that the details of the Asteroid project, as purloined trade secrets, were stolen property. Even though the trade secrets were widely available online, the bloggers were trafficking in stolen goods, Judge Kleinberg ruled, and they were not entitled to legal protection for their sources. The case looked like a victory for Apple, but by the time the decision came down, the company had already lost the war. Its trade secrets were no longer secrets.
Protecting trade secrets after they've been posted online is a bit like locking the barn door after the horse is stolen. Indeed, unlike Judge Kleinberg, the majority of courts considering the issue have found that stolen trade secrets posted online cannot be protected.
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?