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The Company's Right to Know v. the Anonymous Critic's Right to Remain Unknown
When does it make sense to spend the time and expense necessary to determine the identity of an anonymous blogger who is damaging a company? This question is becoming increasingly important with the proliferation of blogs and Web postings used for corporate criticism ' from wakeupwalmart.com to www.google
reallysucks.blogspot.com. And whether companies and their in-house counsel pursue actions against bloggers in these cases involves more than the usual assessment of opportunity, costs, and the pure business interests of the company. There are limits to the rights of companies to compel an Internet Service Provider ('ISP') to reveal the name of its customer, particularly when the ISP customer wishes to remain anonymous. This article explores what the courts are requiring companies to show before they will call for an ISP to divulge a blogger's identity and provides guidelines for evaluating whether to pursue such a strategy.
Typical Fact Pattern
Usually these disputes arise from an anonymous Web posting or Web log ('blog') including damaging comments about a company. The company, in an effort to stem the ill effects of the comments, particularly if they are false, sues the ISP to determine the blogger's identity. The ISP declines to identify the blogger either because of an internal policy or a demand or expectation of privacy by the blogger.
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.