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Digital Business Lawyer

Volume: 12 Issue: 5
(May 2010)


The Upper House of the Parliament of India - the Rajya Sabha - introduced on 19 April the Copyright (Amendment) Bill 2010, which it claims would modernise Indian copyright laws to comply with international regulations on online rights management. / read more

The luxury goods industry has welcomed a new Regulation, issued by the EU Commission on 20 April, governing agreements on the sale of products and services. / read more

The US Direct Marketing Association (DMA) said a draft of privacy legislation released on 4 May by Congressmen Rick Boucher and Cliff Stearns 'would have a crippling effect on internet commerce'. / read more


After France, New Zealand and the UK introduced 'three strikes and you are out' provisions in their legislative framework, to tackle copyright infringement, as of last month the 'three strikes' system seems to have become the standard in Ireland. / read more

Search engines
Domain names / read more

The Digital Economy Act (DEA) is the latest legislative attempt in England to tackle illegal file sharing and online copyright infringement. Tom Harding, an Associate at Olswang LLP, examines the scope of the DEA against the backdrop of the 2009 Digital Britain Report - identifying the key provisions abandoned in the Parliamentary 'wash-up' process, and analysing the impact the new Act will have on the media and telecoms industries. / read more

Targeted advertising online has emerged as one of the most controversial practices used by companies in recent years. Laura McCormack, a Trainee Solicitor at Pinsent Masons, looks into how governments are attempting to make behavioural advertising acceptable in light of the right to privacy, while hinting that industry self-regulation could in fact be the way forward. / read more

To some, net neutrality is a fundamental predicament of the information age, to others, a cause célèbre in search of a controversy. Chris James, a Solicitor at Macfarlanes LLP, tries to answer the question: what is net neutrality? / read more

In April 2010, the UK adopted the Bribery Act, which will come into force by the end of the year. David Leppan, Founder of World Check - a risk managing company - discusses the impact of the new law, which imposes penalties of up to ten years in prison and unlimited fines, on the e-commerce industry. / read more

A video posted on Google Video in 2006 showed a disabled child being mocked by classmates. Several years on, three Google Executives have been charged with failing to adequately inform users of their rights and obligations when uploading videos on the platform. Gian Marco Rinaldi, a Lawyer in Milan, examines the controversies surrounding the 'Google Italy' case, as it has come to be known. / read more

On 14 April 2010, the Tribunal of Rome issued a decision in the injunction proceeding of Federazione Antipirateria Audiovisiva (FAPAV) v/s Telecom Italia S.p.A. According to the Tribunal, Telecom Italia - the internet service provider (ISP) in the case - is not obliged to use the personal details of users who download files protected by copyright, nor ban their access to peer-to-peer websites. / read more

Online licensing: FOTOCOM
Jurisdictions: R v Simon Guy Sheppard and Stephen Whittle
Software: Skype Technologies SA v Joltid Limited and others / 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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