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The Brave New World Of Internet Copyright Trolls
Copyright trolls are in the business of acquiring the right to bring lawsuits against alleged infringers and threatening to file copyright infringement claims in order to induce rapid settlements against large groups of defendants.
The term “troll” has been used in the patent arena since prior to 2000, but only recently have several non-author rights holders adopted a version of the patent troll business model using copyright rights and associated statutory damages on a large-scale basis.
The Intellectual Property Clause of the Constitution (U.S. Const. art. I, 8, cl. 8) and Copyright Act of 1976 (17 U.S.C. 102(a)) regulates copyrighted works. Infringement claims can be properly brought against “anyone who violates any of the exclusive rights of the copyright owner.” 17 U.S.C. 501. The Copyright Act also affords rights holders two infringement remedies, either actual damages resulting or statutory damages. 17 U.S.C. 504.
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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.
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?