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Protecting Digital Database Content
The Fourth Circuit's ruling in Metropolitan Regional Information Systems, Inc. v. American Home Realty Network, Inc.,'722 F.3d 591'(4th Cir. July 17, 2013), is an important court decision relating to e-commerce and protecting digital database content. The ruling relates to a multiple-listing copyrighted database of real estate listings. In the MRIS'decision, the Fourth Circuit affirmed the validity of MRIS's copyright assignments based on the click-wrap agreement that MRIS used to acquire the ownership of the copyrights in the photographs in the MRIS Database. The Fourth Circuit also affirmed that MRIS's copyright registrations of the MRIS Database included MRIS's authorship in the collective work of real estate listings in the MRIS Database and extended as well to the photographs included in the database for which MRIS acquired the copyrights by assignment. We will discuss the importance of these holdings in this article. [Editor's Note: The author was part of the trial team for Metropolitan Regional Information Systems in this case. Further information relating to the case may be found in Metro Reg'l Info. Sys., Inc. v. Am. Home Realty Network, Inc., 888 F. Supp. 2d 691 (D. Md. 2012).]
The MRIS Database
MRIS is a multiple-list service provider in the mid-Atlantic region, serving real estate brokers, agents, appraisers and other authorized licensees. MRIS maintains an automated database of real estate property listings and related content. The MRIS Database consists of about 70,000 active real estate listings.
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?