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Digital Business Lawyer

Volume: 14 Issue: 6
(June 2012)


The complex legal framework that regulates e-commerce activities in China will not be updated "for another five years", according to Lin Junqiang, Deputy Director of the Information Centre at the Industry and Commerce Ministry in Beijing, who spoke exclusively to E-Commerce Law & Policy. / read more

While the Court of Justice of the European Union (CJEU) ruled on 2 May that application program interfaces (APIs) generally are not subject to copyrights, a US Judge decided on 31 May that even though Google did not infringe Oracle's Java APIs, it is only the APIs in question that are not eligible for copyright protection. / read more

The Federal Communications Commission (FCC) in the US has filed a Public Notice seeking comments on 'Privacy and Security of Information Stored on Mobile Communications Devices', on 25 May 2012. / read more


Many offices around the world sent their employees an urgent message on 6 June: 'Please change your LinkedIn password immediately', as the news spread that millions of accounts of the professional networking website had been hacked. / read more

Congo / read more

When the proposed European General Data Protection Regulation comes into force in 2014, data processors and data controllers will have to comply with new rules or potentially face large financial penalties. James Castro-Edwards, a Solicitor at Speechly Bircham LLP, discusses the proposed Regulation, the amendments and their impact, as well as the concerns and criticisms. / read more

Liability for unlawful content and the time deemed reasonable to remove such unlawful content was at the centre of the case between Public Prosecutor vs. Chiranuch Premchaiporn in a Thailand Court. The controversial case involving a webmaster for a public discussion forum has posed serious questions surrounding liability for unlawful content. John Fotiadis, a Legal Consultant at Atherton Co. Ltd, discusses the case and examines the liability of foreign webmasters in Thailand. / read more

As the online commerce market in China is rapidly expanding, businesses are demanding an update of its complex regulatory framework. A range of decrees, regulations and provincial frameworks are currently in place, regulating issues such as domain names, electronic signatures, telecommunications, internet content control, online brokerage, contract law, IT security, internet access and copyrights. The need for updated legislation, and one central law, is growing. Michiel Willems and Sophie Cameron spoke exclusively to Mr Lin Junqiang, Deputy Director of the Information Centre at the Industry and Commerce Ministry in Beijing. / read more

Online copyright is complex, especially when dealing with audio visual content, as the sharing of both broadcast television and films, involves the creation of temporary copies on internet servers. The exact details pertaining to the EU wide directive which protects those works communicated via the internet are only just being clarified following a number of court cases. Lorna Brazell, a Partner at Bird & Bird LLP, discusses the most prominent cases, namely TV Catch-up, and the ambiguities surrounding online copyright infringement. / read more

Mobile applications (apps) are catching both the imagination of US consumers and the attention of US law enforcement and regulatory authorities. A litany of mobile apps 'surprises' involving unexpected information collection and sharing has mobile apps sitting on the front burner of the US privacy debate. / read more

Online intermediary liability has been debated in the courts since the internet came into being. Following a succession of recent court cases little clarity has resulted on the circumstances surrounding when an intermediary will and will not be liable for unlawful content posted on its networks. Robert Blamires and David Naylor, of Field Fisher Waterhouse in London, discuss the most important cases involving the hosting platforms provided by Google and Amazon, and how far the 'Hosting Defence' protects intermediaries from liability as a publisher of defamatory content. / read more

Liability: GEMA v YouTube
Google adwords: Rosetta Stone v. Google Inc.
Patents: Nokia v IPCom / 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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