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Cases of Note
Commercial Web Site Does Not Violate DMCA
The 4th Circuit Court of Appeals became the first appellate court to rule that a Web site operator does not violate the Copyright Act in passively and unknowingly posting infringing materials received from its users even if it fails to qualify for the Digital Millennium Copyright Act's (DMCA) safe harbor provision under 17 U.S.C. 512. CoStar Group Inc. v. LoopNet Inc., 2004 WL 1375732 (4th Cir., June 21, 2004).
The dispute in CoStar centered around copyrights to real estate photographs. CoStar Group Inc. claimed to have assembled “the largest known digital image library of commercial properties.” CoStar owned the copyright to many of the photographs. They allowed customers to access the database for a fee and an agreement not to post the photographs on any other site. LoopNet is a commercial Web hosting service subscribed to mostly by real estate brokers who post listings of commercial properties on the site. Those brokers who submit photographs were required to fill out a form asserting that “all necessary rights and authorizations” were obtained from the copyright owner. Additionally, before accepting a photograph for posting, a LoopNet employee “cursorily” reviewed it to identify any “obvious evidence…that the photograph may have been copyrighted” by someone other than the individual submitting it.
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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.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.