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Digital Business Lawyer

Volume: 12 Issue: 7
(July 2010)


A draft amendment to Canada's Copyright Act - known as Bill C-32 - was introduced in first reading in Parliament on 2 June to regulate digital content and bring the country's legislation in line with the World Intellectual Property Organization (WIPO) Treaties. / read more

The US Interactive Advertising Bureau (IAB) published on 29 June the legally non-binding 'Networks & Exchanges Quality Assurance Guidelines' (NEQAG), outlining specific terms and criteria for ad networks, and recommending the use of standard terms and definitions in ad processes. / read more

A new law making all online information sources, networks and internet service providers (ISPs) in Belarus subject to tighter government control and requiring them to register with the authorities, came into force on 1 July. / read more


Data security online is an important issue and jurisdictions around the world are attempting to regulate the who, what and when of internet data collection. For some time now, the black cloud in the sky of data protection has been online advertising, and, in particular 'cookies', those pieces of text stored in computers that help companies track browsing preferences. Many attempts have been made, where cookies are concerned, to balance commercial interests, coherent regulation and, especially, user anonymity. / read more

UK / read more

The UK's numbers are in. According to the Business Software Alliance's (BSA) Seventh Annual Global PC Software Piracy Study released last month, installations of pirated software on personal computers (PCs) in the UK remained at 27%, giving the UK the sixth lowest piracy rate in the world. The US had the lowest rate at 20% and Georgia the highest, at 95%. However, the commercial value of the illegal software which has made its way into the market amounts to £1 billion. / read more

The EU Article 29 Working Party recently issued an Opinion that highlights the importance of 'opt-in' measures for online behavioural advertising. This Opinion has only served to reinforce the debate opposing self-regulation and direct regulation in the advertising industry, as well as the importance of protecting consumer interests. Phil Lee, Associate at Osborne Clarke, examines how the advertising industry is reacting to the movement of change affecting the way behavioural advertising works. / read more

If online sales have developed opportunities for wider-reaching advertising practices, marketing and distribution, they have also facilitated and exacerbated the possibility for organisations to free0ride on or even steal competitors' products and ideas. Kirsten Gilbert, Partner at Marks & Clerk, examines why the internet has transformed the way people do business. / read more

Recent proposed changes to copyright legislation in India aim to introduce digital rights management in the country. Questions have arisen, however, regarding the relevance of such technological measures in the Indian economic, cultural and social environments. Hitesh Jain, a Partner at ALMT Legal, analyses the draft legislation and questions its impact in India. / read more

Within the next couple of years, there will be a substantial increase in the number of new generic toplevel domain names available, which will most likely create new legal and practical problems. Andrew Clay, a Partner with Hammonds, puts this development in context and explores what it may mean for brand owners. / read more

As the use of the internet increases rapidly in China, the need for strong regulation grows as well. Dr Jiong He, Researcher at the University of Aberdeen, discusses the latest ISP-related copyright system introduced in China and how the different internet service providers in the country are regulated. / read more

Vertical agreements in the EU operate at a crossroads between competition law and other more restrictive business considerations. The development of internet selling has given a renewed meaning to these agreements, most importantly because this platform blurs national geographic and economic boundaries. Mark Bailey and Paul Henty, of Speechly Bircham LLP, examine the scope of the new Vertical Agreements Block Exemption Regulation. / read more

Three strikes: EMI Records & Ors v Eircom Ltd
Copyright: Football Dataco Ltd
Licensing: BMS Computer Solutions Ltd v AB Agri Ltd / 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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