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Digital Business Lawyer

Volume: 14 Issue: 8
(August 2012)


A draft of the Comprehensive Economic Trade Agreement (CETA) between the EU and Canada was leaked on 11 July, causing controversy as the document included exact text from the Anti-Counterfeiting Trade Agreement (ACTA), which was rejected by the European Parliament on the 4 July over civil liberty concerns. "Presumably, the idea of hiding the unpopular provisions on ISPs sharing personal details of suspected infringers in CETA was so that, once accepted, the objections to ACTA could fall away," said Natalie Elsborg, a Senior Associate at Charles Russell. "It would be almost impossible for the European Parliament to reject ACTA if it had already passed the same provisions in a separate document." / read more

The prices that BT has been charging its competitors for the use of BT's network are not justified, the UK Court of Appeal ruled on 30 July. The Court rejected BT's claim that the Competition Appeal Tribunal (CAT) had not followed European telecoms rules when it decided BT's charges were unacceptable. CAT had previously ruled that 'BT's prices had served to distort the market to the detriment of its rivals and consumers'. / read more

The presiding judge in the ongoing patent dispute between Apple and Samsung, rebuked Samsung on 3 August after it released evidence excluded from the trial to the press. / read more


Outrage around the world forced Google almost two years ago to promise it would delete all the information and data it had gathered through its Wi-Fi Street View cars. But at the end of last month it turned out that Google had broken its promise. / read more

France / read more

The Article 29 Working Party has adopted an Opinion on cloud computing and the requirements for processing personal information in the cloud. The timing is apt as increasing numbers of corporate users are migrating to cloud based computing services, which range from processing systems to application development and hosting, and software solutions. Rohan Massey, a Partner at McDermott Will & Emery LLP, analyses the Article 29 Working Party's Opinion and the associated risks when placing personal data in the cloud. / read more

Following the conclusion of 'the Twitter joke trial', which saw Paul Chambers overturn his conviction for sending a menacing tweet in the UK High Court, the dangers presented by social media have been made all the more apparent. Laura Scaife, a Trainee Solicitor at Hill Dickinson LLP, discusses the Court's decision and the need for a consolidated legal framework to clarify the rules governing social media. / read more

The US International Trade Commission (ITC) has seen a significant increase in intellectual property litigation investigations, particularly cases involving infringing goods imported into the US. Eric W. Schweibenz and John F. Presper, of Oblon, Spivak, McClelland, Maier & Neustadt LLP, discuss the unique approach taken by the ITC to patent investigations and five elements non-US companies should know about the ITC code of practice. / read more

Maintaining robust data security solutions in the face of evolving technology is a daunting task. Developments in IT, such as cloud computing and bring your own device to work, have reduced the control companies have over data access and ultimately data security. Simon Briskman and John Brunning, of Field Fisher Waterhouse LLP in London, discuss the new challenges and the necessary steps for companies to make sure they embrace adequate security solutions. / read more

Finding the balance between the protection of intellectual property rights and a free and open internet are the focus of the non-profit, Washington, D.C.-based public interest group Public Knowledge. Sophie Cameron spoke to Michael Weinberg, Vice President of the Institute of Emerging Innovation at Public Knowledge, about policing copyright infringement and the need to preserve the innovation inducing openness of the online space. / read more

May 2012 was an important month for copyright judgments in relation to software development and what aspects of a computer program can be protected by copyright, both in the UK and the US. Philip James, Partner at Pitmans SK Sport & Entertainment LLP, assesses both the UK and US decisions and compares the issues under contention in each case. / read more

Data collection: US Federal Trade Commission v Spokeo Inc.
Defamation liability: McGrath and another v Dawkins and others
Games cloning: Tetris Holding and The Tetris Company v Xio Interactive / 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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