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Digital Business Lawyer

Volume: 12 Issue: 8
(August 2010)


Google's revised online trademark use policy - which will come into force in continental Europe from 14 September, allowing the use of third party marks as Google AdWords - has been met with mixed reactions by industry representatives. / read more

Proposals aimed at taxing online shopping have been put forward in the US. The Main Street Fairness Act (HR 5660), introduced in Congress on 1 July, would provide Congressional authority for an interstate compact that 24 US States have signed so far. It would give States the authority to force online retailers to collect taxes. / read more

US Senators working on a draft Bill that would enable journalists to avoid revealing their sources - the 'media-shield' Bill - have amended it to exclude from its scope whistleblowing website Wikileaks. / read more


The BlackBerry (BB) is under fire. Security issues have prompted countries around the world to consider taking measures that will limit the use of the smartphone. / read more

US/China / read more

Reports recently published by the Office of Fair Trading suggest that more needs to be done to protect consumers against misleading advertising. Oliver Bray and Emily Maliphant, of Reynolds Porter Chamberlain, discuss the regulators' views on behavioural advertising and targeted pricing practices, whether self-regulation is sufficient, and existing consumer protection legislation. / read more

Can the Government of South Africa legitimately prohibit its citizens from publishing or viewing pornography on the internet? Gerrie van Gaalen, Partner at Van Gaalen Attorneys, wonders if this would be an unjustified violation of basic freedoms as enshrined under the country's Constitution of 1996. / read more

Nick Clegg has called on the general public to submit suggestions for the UK Government's project of repealing what he has termed 'illiberal legislation and illiberal regulations'. Andrew Tibber and Emily Atkinson, of Burges Salmon LLP, explore laws within the IP and IT sectors which could be repealed. / read more

The Information Commissioner's Office has recently issued a code of practice, which regulates, amongst other things, the collection of children's personal data. Does the Code provide an answer to websites on how they should offer their services to teenagers and young kids? Vinod Bange and Samantha King, from Speechly Bircham LLP, examine the challenges for online businesses operating in the children's web space. / read more

Ofcom published on 28 May 2010 a Draft Code which fleshes out on some of the controversial anti-piracy provisions of the Digital Economy Act 2010. This is one of three interrelated consultations, the other two dealing with enforcement of the Code and cost-sharing. Tom Harding, Associate at Olswang LLP, explores the contents of the Code, recent responses within the industry and to the DEA more broadly, and the next steps in the implementation process. / read more

A quiet revolution is pending for the legal profession. Six October 2011 is the date set by the UK Legal Services Board (LSB) for the first of the new Alternative Business Structures to be licensed for operation. In many commentators' minds that date will mark the moment the legal profession will become part of normal mainstream professional consumer services. However, exactly one year earlier, 6 October 2010, the Legal Ombudsman is set to open its doors to complainants. / read more

Patents: Bilski v Kappos
Defamation: Kaschke v Gray & Hilton
Network practices: Comcast Corp. v Federal Communications Commission / 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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