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When Legal Spam Isn't Spam
Did you recently receive an e-mail demanding that you 'Visit our Web site for an important change in your account terms' (as was stated in a recent message not long ago from a cell-phone service provider)?
Certainly that doesn't seem like the typical spyware or spam message that urges you to 'Click here' for money or prizes, does it? An 'important change in account terms' just doesn't have the sex appeal of a lottery prize, a vacation, a starlet in some stage of undress, or any of the many e-mail come-ons that clutter everyone's Inboxes today. In fact, it isn't even a user-friendly solicitation ' there is no long link of numbers and letters to click on to see the notice; instead, the recipient must independently locate the Web site address. Once on the site, he or she must find the 'terms and conditions' announcement to read and ' if he or she gets that far ' understand it. All this is unlike the typical virus or Trojan horse, when all it takes is a single unwary click to launch a nefarious program.
Yet these demands for consumer 'extra effort' from Web merchants or service providers could become very common after a mid-2007 federal court ruling ' Douglas v. Talk America, Inc., No. 06-75424 (Ninth Cir., July 18, 2007). In that case, a federal appeals court considered what it labeled an 'issue ' of some significance, (which) potentially affects the relationship of numerous service providers with millions of customers: ' whether to enforce a modified contract with a customer where the customer claims that the only notice of the changed terms consisted of posting the revised contract on the provider's Web site.'
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.
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.
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.
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?