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Collecting taxes from remote sellers has long plagued tax collectors ' in fact, since well before e-commerce of any kind came onto the scene. On the seller side, everyone ' catalog and mail-order merchants, as well as e-commerce sites ' would all welcome relief from managing the rules of more than 7,500 taxing jurisdictions.
Many years ago, the U.S. Supreme Court blocked states from requiring sellers to collect and turn over sales tax, unless the seller has sufficient in-state presence. But e-commerce has called new and very visible attention to the problem.
State and local governments have complained that e-commerce cost them over $15 billion in lost tax revenue in 2003. (See, www.washingtonpost.com/wp-dyn/articles/A44057-2005Jan28.html.) And according to CBS News, New York City has even filed lawsuits against 4000 individual smokers for avoiding millions of dollars in use taxes on cigarettes purchased online. (See, www.cbsnews.com/stories/2005/02/11/eveningnews/consumer/main673628.shtml.)
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.
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?