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<b><i>Online Extra</i></b>Ninth Circuit Spurns Web 'Browsewrap' Agreement
The U.S. Court of Appeals for the Ninth Circuit has refused to enforce a so-called “browsewrap” arbitration agreement incorporated into the website of Barnes & Noble Inc. against customers who claim the bookseller reneged on their purchases of discounted computer tablets.
Barnes & Noble did not take adequate steps to assure its customers were aware of an arbitration agreement tucked in the website's terms of use, a unanimous three-judge panel'ruled'on Aug. 18. The panel affirmed the 2012 decision of the Central District of California and denied Barnes & Noble's motion to compel arbitration.
“The onus must be on the website owners to put users on notice of the terms to which they wish to bind consumers,” Circuit Judge John Noonan wrote. “Given the breadth of the range of technological savvy of online purchasers, consumers cannot be expected to ferret out hyperlinks to terms and conditions to which they have no reason to suspect they will be bound.”
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.
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?