Path: utzoo!attcan!uunet!world!eff.uucp!mnemonic
From: mnemonic@eff.uucp (Mike Godwin)
Newsgroups: comp.org.eff.talk
Subject: Re: logistar (logistan?) and Revlon
Message-ID: <1990Oct27.220708.29825@eff.uucp>
Date: 27 Oct 90 22:07:08 GMT
References: <15913@hydra.gatech.EDU> <1990Oct27.022442.16115@lavaca.uh.edu> <1990Oct27.161200.18165@hoss.unl.edu>
Distribution: na
Organization: The Electronic Frontier Foundation
Lines: 37

In article <1990Oct27.161200.18165@hoss.unl.edu> riddle@hoss.unl.edu (Michael H. Riddle) writes:

>Section 9-503 of the Uniform Commercial Code provides:
>
>     Unless otherwise agreed a secured party has on default the right to
>     take possession of the collateral.  In taking possession a secured
>     party may proceed without judicial process if this can be done
>     without breach of the peace or may proceed by action. * * * without
>     removal a secured party may render equipment unusable, and may
>     dispose of collateral on the debtor's premises under section 9-504.
>
>It would seem like Vendor may lawfully repossess.  The bit about the
>financing statement may even be surplusage, since 9-503 only talks about a
>"secured party," and does not require a "perfected" secured party.
>
>I think that we have once again seen the extension of ordinary commercial
>law into the computer world, in a manner that few would have foreseen.
>How about it, Mike Godwin?  Remember enough from Secured Transactions?

What I remember from secured transactions is not the right stuff--the
bar course emphasized perfection of security interests, not the 
process of repossession.

I suspect that a criminal-law issue may be raised by unauthorized
entry into Revlon's computer, if in fact it was unauthorized.


--Mike




-- 
Mike Godwin, (617) 864-0665 |"If the doors of perception were cleansed
mnemonic@well.sf.ca.us      | every thing would appear to man as it is,
Electronic Frontier         | infinite."
Foundation                  |                 --Blake