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Did 'Roommates.com' Nix Consumer-Generated Content?
Section 230 of the Communications Decency Act (47 U.S.C. '230) ('CDA') essentially gives Internet service providers immunity from liability for publishing false or defamatory material as long as that material was provided by another party.
The Roommates.com Case
In Fair Housing Council of San Fernando Valley v. Roommates.com LLC, 521 F.3d 1157 (9th Cir. 2008), an en banc panel of the U.S. Court of Appeals for the Ninth Circuit affirmed an earlier ruling that a commercial roommate-matching service may be liable for violations of the Fair Housing Act because of the manner in which the site elicits information from prospective roommates. The Ninth Circuit, in the opinion, clearly enunciated that a site cannot participate in the development of violative material and still claim immunity under '230. The timing of this ruling coincides with an explosion in the use of consumer-generated content ('CGC') by advertisers on marketing Web sites.
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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.