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Strategy Against Scrapers
Today's leading case relating to the Computer Fraud and Abuse Act, 18 U.S.C. '1030 (CFAA) is United States v. Nosal, 676 F.3d 854 (9th Cir. 2012). In the Nosal case, the Ninth Circuit, in an en banc decision, expressed great concern over imposing criminal liability under the CFAA for violations of private computer use policies like website terms of use. The Ninth Circuit notes that if use restrictions are subject to criminal liability under the CFAA violations of those user policies could be transformed into criminal crimes simply because a computer is involved. As such, the Ninth Circuit believes the CFAA should be narrowly interpreted. Using this narrow interpretation regarding access restrictions, a district court in California found a CFAA violation in the Craigslist Inc. v. 3Taps Inc., 2013 WL 4447520 (N.D. Cal. Aug. 16, 2013); and Craigslist Inc. v. 3Taps Inc., 2013 WL 1819999 (N.D. Cal. April 30, 2013), cases.
Craigslist Ruling
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.
Removing Restrictive Covenants In New York
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?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
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.