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Digital Business Lawyer

Volume: 13 Issue: 7
(July 2011)


Dutch Parliament The approved on 21 June an amendment to the country's Telecommunications Law, which would require businesses operating Dutch websites to seek opt-in consent before a cookie can be installed or stored on users' computers. / read more

Internet seller Amazon has announced it will contest the legality of California's recently implemented Bill AB28 (the 'Amazon tax law') - a law that compels remote retailers with in-state affiliates to collect sales tax from customers - two weeks after terminating all commercial links with its Californian affiliates. / read more

The Court of Justice of the European Union (CJEU) ruled on 12 July that eBay - and similar online marketplaces - may be liable for trade mark infringement if their users offer and sell counterfeit goods on their websites. / read more


There has been a flurry of recent cases, especially in the US, where the issue of social networking sites and e-discovery practices feature heavily. In some cases, the court held that it was acceptable to access one of the parties' Facebook or MySpace pages to look for 'electronically stored information' which a party to the case 'may use to support its claims'. On the face of it, it seems completely abnormal that no types of information are immune from being made public. / read more

EU / read more

On 20 June, 2011, the Internet Corporation for Assigned Names and Numbers (ICANN) Board of Directors approved a 'historic change' to the internet - a new generic top-level domain (gTLD) program1. Presently, ICANN offers approximately 20 different TLDs, the most familiar being '.com,' or '.org,'. Under this new program, which ICANN calls 'one of the biggest changes ever to the Internet Domain Name System'2, anyone can apply to use any term as a gTLD, with limited exceptions, as Kimberly Van Voorhis and Emily Sheffield, of Morrison & Foerster LLP, discuss. / read more

The Netherlands recently passed a new law that prevents internet service providers from charging more for certain types of content, effectively making 'network neutrality' the norm. The Netherlands is the first country in Europe to enact such a law, and follows the lead of Chile, which enshrined the principle into law in 2010. E-Commerce Law & Policy spoke to Maxime Verhagen, the Dutch Minister for Economic Affairs, Innovation and Agriculture, who introduced the new legislation, to find out how network neutrality will work in practice, in the country. / read more

When asked about growing internet piracy issues, French economist and political scientist, Jacques Attali replied 'we are fighting yesterday's battle...there is no point to Hadopi'. Highly controversial both in France and abroad, the 'Hadopi Law' (Hadopi I and Hadopi II) pursues two objectives: it provides a gradual response to illegal downloading and internet piracy in France and it aims to increase the amount of legally downloadable and distributable content on the internet. Described as one of the most aggressive and groundbreaking anti-piracy laws in the world, Hadopi laws have now been in place since September 2010. But have they been efficient? What is its track record to date? / read more

The rise of smartphones, wifi hotspots, and high-speed data networks has spurred new technology-based business models and the exponential growth of consumer information online. Chief among new technologies, the use of mobile applications - 'apps' - has exploded in the past few years. From near-constant posts on Facebook to attacking the green pigs on Angry Birds, consumers have opened their hearts and wallets to mobile apps1. John J. Heitmann and Christopher M. Loeffler, of Kelley Drye & Warren LLP, discuss that while the upside is great, companies and developers considering a mobile app should also be mindful of the legal and business pitfalls of mobile apps and implement a process to sidestep common challenges. / read more

The Digital Economy Act 2010 (DEA) received Royal Assent in April 2010. BT and TalkTalk then launched judicial review ('JR') proceedings in July 2010, but the High Court rejected most of the grounds of challenge in its April 2011 judgment and leave to appeal was also refused. Tom Harding, a Solicitor at Osborne Clarke, looks into these developments and the future of the DEA's implementation. / read more

There has been much media attention in the last few months about so called 'super-injunctions', much of which is misleading and designed to suit the agenda of certain factions of the media. Abigail Healey, Associate at Addleshaw & Goddard LLP, focuses on some of the principles taken from recent high profile cases as well as the recent report by the committee chaired by Lord Neuberger1, and considers the implications in so far as publishing material on the net is concerned. / read more

Internet forums: Court of Appeals, 18 January 2011 (Poland)
Professional email: US v Nosal
Patents: Yell Ltd v Louis Giboin / 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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