Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
In this rather odd sentencing case, the Eighth Circuit trashed the restitution order that had been imposed by the District Court for the District of North Dakota on janitorial supervisor James A. Chalupnik. United States v. Chalupnik, 2008 WL 268997 (8th Cir. Feb. 1, 2008).
The decision threw out janitor Chalupnik's obligation to pay BMG Columbia House ('BMG') mandatory restitution of $78,818. BMG, the mail-order CD and DVD business, was found in this odd case to be a victim of the copyright misdemeanor crime to which Chalupnik pleaded guilty. Initially, Chalupnik had been charged with felony mail theft, a charge dropped in favor of the plea to copyright misdemeanor. Granted, it is far more pleasant to be charged with a misdemeanor than a felony; if those are the choices on the table, then copyright misdemeanor. But neither the pled-to crime nor the dropped 'mail theft' one seems to match up with what happened here. Chalupnik's appeal addresses solely the restitution order, since Chalupnik pleaded guilty to the copyright misdemeanor. Still, the most interesting aspect of this case is the judicial pas-de-deux between the admitted crime, and how (and whether) the punishment meets the crime.
The Facts
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
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.
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.
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?