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e-Commerce Docket Sheet
Hard Disk Imaging of Licensed Software to
Enable 'Broadest Authorized Use' Is Not Fair Use
The use of hard-disk imaging to install licensed software on computers in excess of the number of paid-for licenses is not protected by fair use, even where the licensee alleged that it limited simultaneous user access to the software's functionality to the number of paid-for licenses. Wall Data, Inc. v. Los Angeles County Sheriff's Department, No. 03-56559, 2006 U.S. App. LEXIS 12100 (9th Cir. May 17, 2006).
The appeals court upheld the trial court's grant of summary judgment, rejecting the licensee's fair-use defense, finding that each of the four fair-use factors weighed against a fair-use finding. In particular, the appeals court noted that the use of hard-drive imaging saved the licensee the time and effort that would have been required to install each copy of the software individually, rendering the licensee's use commercial, because the unauthorized copies were made to save the expense of purchasing authorized copies.
Trademark Use Prohibition Agreement
Requires Explanatory Link
Under a settlement agreement in which a defendant agreed not to use the plaintiff's trademark in Oklahoma, the defendant's obligation to avoid consumer confusion requires it to place an 'Oklahoma' link on the first page of the Web site. Communitycare HMO, Inc. v. Memberhealth, Inc., No. 06-CV-187, 2006 U.S. Dist. LEXIS 28121 (N.D. Okla. May 8, 2006).
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?