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On the heels of the decision of the U.S. Supreme Court in MGM Studios v. Grokster, 125 S. Ct. 2764 (2005), where the Court found that file-sharing services could be held liable for contributory copyright infringement, the Federal Court of Australia on Sept. 5 decided Universal Music Australia Pty Ltd. v. Sharman License Holdings Ltd., [2005] FCA 1242.
Justice Murray Rutledge Wilcox of the Federal Court held that certain defendants associated with Sharman Networks were liable for “authorization” of copyright infringement as a result of having distributed the Kazaa file-sharing software.
Notwithstanding substantial differences between the legal systems and copyright jurisprudence in Australia and the United States, Grokster and Sharman demonstrate remarkable similarities in analysis.
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.
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?
Making partner isn't cheap, and the cost is more than just the years of hard work and stress that associates put in as they reach for the brass ring.