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<b>Online Exclusive:</b> FTC Files Complaint in U.S. District Court in California Against Software Seller
The Federal Trade Commission ('FTC') in August filed a complaint in U.S. District Court, Central District of California, against Digital Enterprises for illegally installing software on consumers' computers. According to the complaint, the software that Digital and numerous corporate affiliates developed would generate pop-up messages that stated that the consumer had registered for a trial membership to Movieland.com, an Internet movie service. The messages would recur frequently, informing the consumer that he or she has not canceled the 'free trial service,' and thus must pay $29.95 to cancel the service and to end the receipt of the pop-up messages.
'Hundreds of consumers complained to the FTC,' said the agency in a written statement. 'Most claimed they never signed up for the 'free trial,' never used Movieland's services, and never heard of Movieland until they got their first demand for payment.'
The software was difficult for consumers to uninstall, according to the FTC. 'Consumers trying to remove it through the Windows Control Panel Add/Remove function were redirected to a Web page telling them that they had to pay the $29.95 fee to stop the pop-ups,' according to the agency.
A judge denied the FTC's request for a temporary restraining order against the company and affiliates Movieland.com, Triumphant Videos Inc., Pacificon International Inc., Vitalix, Alchemy Communications Inc., Accessmedia Networks Inc., Innovative Networks Inc., Film Web Inc., Binary Source Inc., Moviepass.TV, Mediacaster Inc., and CS Hotline Inc.
The Washington state attorney general also has filed suit against the same operators in King County Superior Court in Seattle. It is Washington's second lawsuit under the state's Computer Spyware Act, which prohibits, among other things, taking control of a user's computer; modifying security settings; and interfering with a user's ability to identify and remove the spyware.
The Federal Trade Commission ('FTC') in August filed a complaint in U.S. District Court, Central District of California, against Digital Enterprises for illegally installing software on consumers' computers. According to the complaint, the software that Digital and numerous corporate affiliates developed would generate pop-up messages that stated that the consumer had registered for a trial membership to Movieland.com, an Internet movie service. The messages would recur frequently, informing the consumer that he or she has not canceled the 'free trial service,' and thus must pay $29.95 to cancel the service and to end the receipt of the pop-up messages.
'Hundreds of consumers complained to the FTC,' said the agency in a written statement. 'Most claimed they never signed up for the 'free trial,' never used Movieland's services, and never heard of Movieland until they got their first demand for payment.'
The software was difficult for consumers to uninstall, according to the FTC. 'Consumers trying to remove it through the Windows Control Panel Add/Remove function were redirected to a Web page telling them that they had to pay the $29.95 fee to stop the pop-ups,' according to the agency.
A judge denied the FTC's request for a temporary restraining order against the company and affiliates Movieland.com, Triumphant Videos Inc., Pacificon International Inc., Vitalix, Alchemy Communications Inc., Accessmedia Networks Inc., Innovative Networks Inc., Film Web Inc., Binary Source Inc., Moviepass.TV, Mediacaster Inc., and CS Hotline Inc.
The Washington state attorney general also has filed suit against the same operators in King County Superior Court in Seattle. It is Washington's second lawsuit under the state's Computer Spyware Act, which prohibits, among other things, taking control of a user's computer; modifying security settings; and interfering with a user's ability to identify and remove the spyware.
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 Anti-Assignment Override Provisions
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?