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International Internet Law Suffers Growing Pains
In November, a European court ruling forced an American Internet service provider to remove content from servers located in the U.S. and block the transfer of content to European and Asian users. See, Mosley v. Google (Tribunal de Grande Instance, Paris, Nov. 6, 2013). This ruling resulted from the Internet search results of an Englishman who asserted that his French Internet privacy rights make it illegal to distribute Internet images of an individual in a private space without that person's permission.
In international Internet matters, legal difficulties abound while the law languishes. The societal and economic impact of the Internet has been visible since the beginning of the 1990s, as evidenced by the change in human rights and international economic and institutional policies instigated by the Internet. Yet, despite the current problems involving the administration of the Internet Domain Name System (DNS) by the Internet Corporation for Assigned Names and Numbers (ICANN), and the various nation states' efforts to claim domestic jurisdiction over Internet content, few bilateral treaties addressing the Internet have been executed.
International Internet law may spring into existence via the enactment of bilateral agreements or via customs that are part of existing domestic law. Bilateral agreements regarding Internet law may be formed between sovereign countries in the form of agreements. Such agreements are a binding contract between the two countries that have agreed to mutually acceptable terms. The agreements help to systemize a set of legal rules regarding Internet transactions, which must be adhered to by those who conduct transactions involving the two countries.
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?