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Features
Most e-commerce businesses and advisers outside Europe are generally aware that the European Union has what appear to be some strange and intricate laws relating to data privacy.
UCITA was drafted as a revision to the UCC ' a body of law adopted in almost every U.S. state that aims to ensure consistency in rules governing contract laws. After losing the support of the American Law Institute, the National Conference of Commissioners on Uniform State Laws adopted the proposed new article as a freestanding uniform act (UCITA), rather than as a new article to the UCC, and proposed the uniform law be passed in all 50 states.
Earlier this year, a New York trial judge issued the first written opinion on the meaning of the terms permission based and opt-in in the context of e-mail marketing.
Features
The Small Webcaster Settlement Act (Pub.L. 107-321) became law in December. It provides for alternative royalty-rate setting among certain small and noncommercial Webcasters by agreement with receiving agent designated by the copyright office to accept royalty payments for works covered by sound recording copyrights.
Features
The wild wild Web is getting tamed. Cybersquatters no longer freely roam its highways looking for easy marks and trademark owners who once went after anyone who crossed their path are now choosing their battles much more carefully.
A notice accompanying packaged and downloadable software purporting to restrict purchasers from publishing product reviews or disclosing benchmark test results without seller's permission is unenforceable and may be sanctionable under New York law prohibiting deceptive business acts and practices (People v. Network Associates Inc., No. 400590/02, N.Y. Sup. Ct. N.Y. Cty. Jan. 14, 2003).
e-Commerce has become a mainstream staple, research from the private sector and the government indicates.
When the American Bar Association (ABA) released its draft Model Definition of the Practice of Law in September 2002, nonlaywers performing some legal-related tasks weren't alone in taking alarmed notice.
Features
Software license agreements can appear deceptively easy to draft, particularly in an age when form contracts are readily available. The danger, however, lies in overlooking subtleties that truly define parties' contractual intentions and obligations. If the licensee will be paying for custom software or modifications to pre-existing software, then warranties will play a particularly important role.
