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Enforceable Browse Wrap Contracts
With the growth in its popularity, and the evolving sophistication of technology to offer and execute it, e-commerce is increasingly automated. In the past, Internet sites used terms of use agreements that include an Internet mechanism to affirm consent to be bound by the agreement (“click-wrap”).
But more often than ever, browse-wrap agreements are replacing click-wrap agreements. Enforceable browse-wrap agreements have two factors in common:
- They include sufficient notice of the terms; and
- The actions of the Internet user clearly manifest the user's acceptance of the terms.
Keep in mind that sufficient notice is not a bright-line test for browse-wrap agreement enforceability; rather, it has been used on a case-by-case basis. For instance, in Specht v. Netscape Communications Corp., 306 F.3d 17 (2d Cir. 2002), the dispute was whether users of Netscape's software, who downloaded it from Netscape's Web site, were bound by an agreement to arbitrate disputes with Netscape in instances in which Netscape had posted the terms of its offer of the software (including the obligation to arbitrate disputes) on the Web site from which users downloaded the software.
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.
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.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.