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Digital Business Lawyer

Volume: 14 Issue: 10
(October 2012)


The European Commission (EC) released its strategy on maximising the potential of cloud computing in Europe, on 27 September, as part of its Digital Agenda. Entitled ‘Unleashing the potential of cloud computing in Europe,’ the EC sets out actions to establish a harmonised cloud computing landscape across Europe. / read more

Internet users in Japan who illegally download copyrighted content, as of 1 October, face penalties of up to two years in prison or fines of up to two million yen (£16k). / read more

The revised version of the UK’s Defamation Bill that if enacted could give website operators greater legal certainty in exchange for identifying the authors of defamatory content, completed its third reading in the House of Commons on 12 September. / read more


The European Commission (EC) stated in its recent Communication that Apple and a number of leading international book publishers, namely Hachette, HarperCollins, Macmillan, and Simon & Schuster, had ‘engaged in a concerted practice’ to raise the retail price of e-books in the EEA. In its preliminary assessment the EC observed that through collectively switching the sale of e-books to an agency model, which enables publishers to set the retail price, the publishers and Apple had colluded in raising the price of e-books for consumers, and prevented discounted prices, activities which are in violation of EU competition law. / read more

The increase in mobile app piracy has been spurred by the relative ease in which users of Google's Android platform can install applications from any source. Unsurprisingly app developers are unhappy about the situation, and to combat such a surge in illegal downloads, some developers, have begun offering their apps for free. Philip James and Isabelle Try, of Pitmans SK Sport & Entertainment LLP, discuss the situation, the regulatory landscape and a possible solution to online piracy. / read more

The European Commission recently published a Communication on spectrum sharing urging a close working partnership between the Commission and Member States to develop a harmonised system for identifying, developing and monitoring shared access to radio spectrum in light of the exponential growth in wireless data traffic, as Ginny O'Flinn, a Senior Associate at Olswang LLP, goes on to explain / read more

Following a public workshop held earlier this year, on 5 September, the Federal Trade Commission issued a set of truth-in-advertising and privacy Guidelines for mobile device application developers. Mark W. Brennan, an Associate at Hogan Lovells LLP, explores the FTC's guidelines and the developments surrounding mobile apps and privacy. / read more

The European Commission's (EC) ongoing investigation into Google is likely to lead to one of two possible outcomes, both of which involve the imposition of binding remedies to address concerns of abuse of market dominance in online search. Whether such commitments are voluntarily offered by Google, or imposed by the Commission, is yet to be decided. Paul Stone and Elora Mukherjee of Charles Russell, consider the EC’s investigation and a number of remedies suggested by Foundem, a British search engine company and the first to trigger the EC's investigation into Google. / read more

Anyone who has followed the recent Apple v. Samsung case recognises the challenges involved in building a case that does not get lost in the complexity of the technology, the sheer number of products alleged to infringe, and the nuances of the intellectual property laws at issue. Brent R. Bellows, a Partner at Knowles Intellectual Property Strategies LLC, analyses Apple’s recent victory against Samsung. / read more

A three judge panel from the US 7th Circuit, recently handed down a significant decision regarding the copyright implications of video streaming over social networks in Flava Works v. Gunter, as Timothy Bradley, an Associate at Coats + Bennett, explains. / 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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