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Digital Business Lawyer

Volume: 11 Issue: 7
(July 2009)


The French National Assembly will consider a new Bill designed to disconnect illegal filesharers from the internet before the end of July, 'the law on Penal Protection of Literary Property and Artistic Protection on the Internet' (No. 498, 24 June). It has been dubbed 'HADOPI 2' by the Senate, which was considering the Bill at time of press. / read more

The American Association of Advertising Agencies, the Association of National Advertisers, the Interactive Advertising Bureau and the Direct Marketing Association (DMA) published principles on the self-regulation of online behavioural advertising practices in the US, on 2 July. The principles, to be imple-mented in 2010, will require US advertisers and websites,such as Yahoo! and Google, to clearly inform consumers about data collection practices and enable them to exercise control over that information. / read more

The American Society of Composers, Authors and Publishers (ASCAP) has clarified that the aim of its court actions against two US mobile companies is to license businesses transmitting copyrighted music as ringtones. ASCAP argues that ringtones constitute a public performance under the US Copyright Act, and therefore the rights holders should be paid royalty fees in accordance with the Act. / read more


While France's amendments to its move to sever the internet access of illegal filesharers will be welcomed by content owners, they will face criticism for not tackling the root cause of the problem. / read more

US social networking sites to comply with EU data protection law
Talking yogurt pots - Europe sets out steps for 'Internet of Things'
UK launches Cyber Security Strategy
Dates for Your Diary / read more

Recent events are causing the government to take steps to seek to police the internet and its content, but in rather different ways. As the problems grow, it might be time to consider not just policing and regulation, but the adoption of new forms of technology to consider policing and regulation in fundamentally new ways. / read more

A Swedish district court recently convicted four individuals involved with the Pirate Bay of complicity in breaching the Swedish Copyright Act, by making available illegal content through the site. Hubert Best, a Partner at ENN Advokatbyra, examines how strict amendments to the Swedish Copyright Act - following the implementation of the EU Directive on the enforcement of intellectual property rights - led to the district court's ruling in the Pirate Bay case. / read more

The European Commission has recently proposed extending consumer protection mechanisms to digital content such as software or computer games as part of its Digital Agenda for Consumer Rights Tomorrow. Jonathan Dickson, an Associate Director at Berwin Leighton Paisner LLP, examines the impact that a requirement that software is fit for purpose would have on developers of such products, including open source software developers. / read more

The French government recently amended its plan to disconnect the internet connection of people illegally downloading copyrighted content, after the Constitutional Council rejected its controversial 'three strikes' proposal as being an infringement on human rights. Benjamin May and Marie Liens, of Aramis Société d'Avocats, examine the Constitutional Council's reasons for rejecting the proposals and how the new legislation - which sanctions those illegally downloading copyrighted content - avoids those reasons, as well as the potential new issues it raises. / read more

The Digital Britain Report, following recommendations from the Independent Spectrum Broker, has outlined the UK government's plans for next generation mobile services. Jose Saras, a Senior Associate with Preiskel & Co LLP, analyses the government's approach to allocating spectrum for the next generation of mobile internet services. / read more

Trademarks: L'Oreal et al v eBay et al.
Ticket resale: The New England Patriots, L.P. v. StubHub, Inc. & others
Video privacy: Harris, et al v Blockbuster, Inc. / 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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