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In 2011, a 23-year-old student of data privacy law wondered how private his data was. Max ?Schrems of the University of Vienna asked Facebook for everything they had on him. Schrems sent two emails and got no response. A letter. No response. A phone call. No response. Then, as his lawyer, Wolfram Proksch of PFR in Austria, tells the story, ?Schrems received a mystery package in the mail with the data he had requested, perhaps from a secret privacy sympathizer at Facebook.
In Schrems' two-and-a-half years of moderate Facebook use, the company had collected enough information on the Austrian law student to fill a 1,222-page printout with details on his religious, political, sexual, and above all commercial proclivities.
Max Schrems raised $50,000 through crowdfunding (on Facebook, of course), and filed 22 grievances with the Irish Data Protection Commissioner. (Because Facebook's global servers sit near Dublin, the Irish agency protects all 1.2 billion Facebook users outside the U.S. and Canada.) Among other things, Schrems argued that Facebook violates EU privacy by collecting more data than needed, without informed consent, and disclosing it to third parties. The Irish regulators yawned.
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?