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Digital Business Lawyer

Volume: 10 Issue: 8
(August 2008)


The European Commission is expected to reject a 2 September resolution adopted by the European Parliament calling on it to introduce a 15% value-added tax (VAT) on cross-border sales of goods and services within the European Union, which are currently exempt from VAT until sold on in the destination country. / read more

IsoHunt, a search engine for BitTorrent files, has responded to 'threatened legal proceedings' issued by the Canadian Recording Industry Association (CRIA) by asking the Supreme Court of British Colombia to clarify that its internet site does not violate Canada's 1985 Copyright Act (C-42). / read more

The US National Cable & Telecommunications Association (NCTA) is supporting Comcast's appeal of the Federal Communications Commission's (FCC) Order for it to end its 'discriminatory network practices' against peer-to-peer (P2P) content by 2009, filed with the US Court of Appeals for the District of Columbia on 4 September. / read more


It is interesting that the European Commission plans to reject proposals for a standard 15% VAT charge on crossborder transactions due to lack of support. Fiscal fraud costs €250 billion - double the annual budget of the European Union - surely any proposal to reduce that would be welcomed? / read more

Home Office consults on extension of Data Retention Directive to internet data
Guidance on Consumer Protection Regulations
ICANN give support to auctions for new domain names / read more

Under the E-Commerce Directive, limits are placed on an internet service provider's (ISP) liability for file sharing, as long as it can prove that it played a passive role in relation to infringing material. Andrew Szczuka, a Solicitor with Jeffrey Green Russell, examines recent European case law and government proposals that could require ISPs to take a more active role in policing content, highlighting potential issues with them - for example encrypted content and identification of infringers in cases of Wi-Fi 'piggybacking'. / read more

Following its February strategy paper and recommendation 39 of the Gowers Review for ISPs and rights holders to share data in tackling piracy, the UK Government outlined a number of options to tackle illegal file sharing in a July consultation paper. The consultation was accompanied by a Memorandum of Understanding signed by, amongst others, the six major internet service providers in the UK and the BPI. John Enser and David Carter of Olswang examine the scope of the Memorandum and whether this signifies new hope for the content industries. / read more

A decision of the US Court of Appeals for the Federal Circuit has confirmed that open source software licences can be enforced, and that injunctive relief may be available in cases where open source licences are breached. Richard Chapman, Katherine Ollerhead and Toby Headdon, of Berwin Leighton Paisner LLP's TMT Group, discuss the impact of Jacobsen v Katzer on how open source licences should be worded, and on businesses that use and modify open source software. / read more

The Federal Communications Commission ordered Comcast to cease discriminatory network management practices, after finding that it had been resetting peer-to-peer traffic, in violation of federal policy for an open and interconnected internet. Douglas T. Bonner assesses the areas in which the FCC ruled that Comcast had violated its Internet Policy Statement and the requirements imposed upon Comcast. / read more

Ping Chu, an Associate at Sheppard Mullin Richter & Hampton, explains the regulation of e-sports games in China. / read more

A German court has issued an unpublished injunction forcing Ryanair to accept bookings made through an intermediary, despite the airline's claims that such sites damage the quality of service it offers. Dr. Bernd Meyer-Witting, a Partner with Clifford Chance, examines the application of German and European Community law in this case, as well as the possibility that Ryanair, which is based in Dublin, may not accept the jurisdiction of the court. / read more

Privacy: 'Matthew Firsht v Grant Raphael'
Copyright: 'Louis Vuitton, Christian Dior and others v eBay'
File sharing: 'Maverick Recording Co and others v Whitney Harper' / read more

About Digital Business Lawyer:

The monthly publication providing authoritative insights and thought leadership on the legal/regulatory issues affecting online business, covering distance selling, contracts, domain names, adblocking, advertising, cloud computing, net neutrality, e-privacy, data protection, cyber crime, the Internet of Things, social media, internet taxation and software / read more

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