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Digital Business Lawyer

Volume: 14 Issue: 9
(September 2012)


Ofcom’s approval on 21 August of mobile phone operator Everything Everywhere’s (EE) application to launch 4G services to UK customers using its existing network, almost a year prior to that of its competitiors, “is unusual,” said Paul Stone, Partner and Head of Competition and Regulation at Charles Russell LLP. / read more

German Chancellor Angela Merkel’s cabinet published the third draft of a bill on 29 August that would require news aggregating websites to pay a fee to republish content taken from German publishing houses. / read more

The European Commission (EC) unveiled its plans to deal with the growth in mobile internet traffic as part of its Digital Agenda on 3 September, by enabling wireless technologies to share the use of radio spectrum. / read more


Concerns about the stringent intellectual property and anti-piracy provisions within trade agreements continue to be voiced. The outcry caused by the potential restriction of online freedoms is no better illustrated than with the widespread criticisms of the Anti-Counterfeiting Trade Agreement (ACTA), which saw petitions and protests across the globe, as well as from the EU’s data protection watchdog. Despite the rejection of ACTA in July, the shelving of the Stop Online Piracy Act (SOPA) and the Protect IP Act (PIPA), and the confirmation that the leaked draft of the Comprehensive Economic Trade Agreement (CETA), which contained exact text from ACTA has been changed, fears have far from abated. / read more

Twitter has made a splash at the Olympics: illuminating the London Eye, becoming 'official narrator' of the Games, and more controversially for proactively monitoring content and being the vehicle for internet trolls. The balance between monitoring content and being liable as a secondary publisher of defamatory content remains tenuous and suggests Twitter may step back from such behaviour in future, as Samuel Price, an Associate at Morton Fraser LLP, explains. / read more

In early 2012, a draft act against dubious business practices prepared by the German Ministry of Justice appeared on the internet. Under the umbrella of 'dubious business practices', the draft act unites provisions covering various inhomogeneous areas such as data collection, telephone advertising, and the practice of sending warning letters in unfair competition and copyright matters. Marc L. Holtorf and Heike Freund, of Clifford Chance LLP in Düsseldorf, discuss the provisions supposedly intended to enhance consumer protection. / read more

The past year has seen a plethora of decisions in the UK and European courts as to the role of internet service providers (ISPs) in combating intellectual property infringement on the internet. A number of high profile cases have illustrated the difficulty in finding the balance between rightholders' ability to protect their intellectual property rights and the responsibility of ISPs to help monitor user behaviour. Ben Allgrove and Ruth Burstall, of Baker & McKenzie LLP, consider some of the decisions so far and the future of blocking injunctions. / read more

The very real threat of data theft, as illustrated by official statistics, is not making companies better at preventing or investigating data breaches. Businesses are losing more to fraud and when a loss occurs are not acting quickly enough to fully understand the breach. John Douglas, a Forensic Scientist at LangfordParc Digital Forensic Laboratories, discusses the importance of forensic readiness in investigating data breaches and the importance of acting quickly whilst the trail is still warm. / read more

Microsoft's Internet Explorer 10, to be previewed later this year, will be the first internet browser to feature 'Do Not Track' as a default setting. But what does this mean for cookie compliance and the need for websites to gain informed consent? Oliver Bray and Caroline Kenny of RPC, discuss the Interactive Advertising Bureau's concerns about 'Do Not Track' technology and the potential benefits to compliance. / read more

The question as to whether emails constitute enforceable contracts has been asked in courts across the globe. The Statute of Frauds is frequently used in defence of contracts created through conversational emails, prohibiting actions to enforce contracts not signed in writing. Timothy M. Banks, Partner at Fraser Milner Casgrain LLP, discusses select cases so far and the importance of intention when dealing with emails. / read more

Oracle International Corp. v. UsedSoft GmbH | Australian Competition and Consumer Commission v. Google Inc. | Scarlet Extended and SABAM / 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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