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Digital Business Lawyer

Volume: 12 Issue: 4
(April 2010)


The Council of Europe (CoE) has said it will present its Convention on Cybercrime as the global solution to cybercrime at the United Nations (UN) congress on crime prevention and criminal justice, in Salvador, Brazil, on 12 to 19 April. / read more

New Zealand Commerce Minister, Simon Powell, introduced, on 23 February, the Copyright (Infringing File Sharing) Amendment Bill, introducing a three strikes rule whereby users engaged in illegal downloading would be issued with a court order suspending their internet connection for up to six months ≠ and a fine, in the most serious cases - after receiving three warnings. / read more

The UK House of Commons approved the Digital Economy Bill (DEB) on 7 April, upholding measures destined to fight online copyright piracy. / read more


British newspapers The Times and The Sunday Times have announced they will start charging for their online content as from June. Users will have to pay £1 for a day or £2 for a week's access to the newspapers' websites, which will be free for subscribers to the print versions. The Times is the first major publication to put words into action after Rupert Murdoch announced in a speech, last August, that paying for online content would be 'the future of modern journalism'. / read more

Technology election battle lines drawn as Digital Economy Bill is rushed into law
ICANN announces gTLD Program on track while UK seeks short domain names
Full consumer rights harmonisation 'no longer an option' other than for online shopping
Dates for your diary / read more

On 26 January 2010 the UK's Technology and Construction Court (the Court) handed down its long awaited judgment on BSkyB's claims against EDS in relation to a failed Customer Relationship Management (CRM) system implementation project. It was undoubtedly the most eagerly anticipated decision on an IT implementation project since the ICL and South West Water cases at the beginning of the last decade. Given the scale of the damages in relation to the value of the project and Ramsay J's forensic analysis of the IT contracting process, it is hardly surprising that such interest has been generated. But it is also fair to note that the court room exchanges between Sky's counsel and EDS's key salesman ≠ including in relation to the MBA awarded to both EDS's key salesman and counsel's pet dog - have also been a cause of much comment. / read more

Broadband speed helps efficient access to many public services and businesses. In some countries, such as Finland, it has become such a major issue that it was made a fundamental right for every citizen. Sebastien Lahtinen, Co-Founder of, an independent UK broadband information site, examines how broadband has become a central topic, not only in deciding the UK's future technological infrastructure but also in the politics underlying the next general election. / read more

ICANN's decision to accept non-Latin characters such as Arabic, Chinese and Cyrillic for top-level domains has been heralded as the biggest change to the internet since it was created and an opportunity to make the internet accessible to billions more people. However, many fear that it will lead to increased security risks for internet users and to a higher burden on brand owners trying to protect their brand names. Andrew Tibber and Emily Atkinson, of Burges Salmon LLP, examine the potential impact of ICANN's decision to 'bring the languages of the world to the global internet'. / read more

Microsoft and Yahoo! have discussed the option to join forces for years, in order to break Google's supremacy in the market. In February 2010, the companies finally received regulatory clearance from the European Commission. Susanne Zuehlke, Partner at Latham & Watkins, discusses the EU Commission's decision and examines what impact this new allience can have on the search engine and search advertising market. / read more

Online crime is growing and tackling the issue has become a priority. Richard Webb, E-Commerce Lead Officer at the Trading Standards Institute, discusses which issues the UK is facing and what the British Government and other institutions are doing to tackle online criminal activities. / read more

In a similar move to other European countries, France is in the process of proposing solutions to tackle the problem of illegal downloading, most notably by putting forward a system promoting a legal offer of cultural works. Marc Lempérière, an Associate at Eversheds, examines how France is attempting to balance the rights of authors and creators with the universal right for users to access cultural works. / read more

The internet has opened new opportunities for global communication but also created a new debate regarding the extent of the right to freedom of expression. Yasmin Joomraty, a Solicitor at Laurence Kaye, examines the impact of net neutrality arguments on the way the internet functions and is perceived. / read more

ISPs: Roadshow Films Pty Ltd v iiNet Limited
Copyright: R v Gilham
Text messages: Quon v Arch Wireless Operating Co.,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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