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Digital Business Lawyer

Volume: 15 Issue: 3
(March 2013)


The German parliament passed the proposed amendment to the German Copyright Act on 1 March, which will grant publishers of media products the exclusive right to make them publicly accessible online for ‘commercial purposes’ and subsequently the ability to charge search engines and online aggregators for reproducing such content, unless reproduction is limited to ‘single words or small text excerpts.’ / read more

Russian MP Sergei Zheleznyak proposed on 18 February the basis of a bill, a draft of which is to be released in June, that would require ISPs to provide details of users who commit crimes online and make those ISPs that do not cooperate liable for the user’s criminal charges. / read more

The Spanish Government approved the Digital Agenda for Spain on 15 February, which establishes the strategy for boosting Spain’s digital economy. / read more


App developers now have more to consider: in-app purchases have come under the spotlight given the ability of children to go on huge in-app shopping sprees. / read more

The Federal Trade Commission ended its investigation into alleged anti-competitive practices by Google on 3 January. The FTC's decision to end the investigation with a voluntary agreement has drawn criticism, while the European Commission progresses with its own antitrust case involving Google, some commentators hope that the EC will come to a different conclusion. Rachel Hirsch, an Associate at Ifrah Law, discusses the FTC's findings and how the EC's verdict may stand in contrast. / read more

The implementation of BYOD strategies. / read more

For nearly a century, intellectual property lawyers in England & Wales were confident in their understanding of the requirements for the subsistence of copyright under English law. However the traditional English position has been shaken by a chain of European jurisprudence and tension between the domestic and European regimes, which has been explored in a string of headline-grabbing copyright law cases. Steven James and Ruth Arkley, of Latham & Watkins, assess how English courts have reacted to European developments in the test for 'originality' in copyright works; the differences between the two systems, and the steps to be taken to best ensure copyright protection. / read more

In 2012 three separate bills were introduced in Congress that would have granted states authority to require remote sellers to collect tax. Despite gaining momentum, and the express support of for a federal solution, none of the bills came to fruition, explains Matthew P. Schaefer, Partner at Brann & Isaacson, but that may be about to change as a hybrid bill, 'The Marketplace Fairness Act,' was re-introduced to Congress on 14 February. / read more

The growth of e-commerce in Hungary has led to the need for increased consumer protection. Launched in October, Hungarian online retailers can now apply for a certificate approved by the Consumer Protection Authority that confirms to the consumer that the particular retailer complies with the relevant legal, consumer and data protection laws. Dora Petranyi and Anges Solyom, of CMS Cameron McKenna LLP, discuss the success of e-commerce in Hungary and the need for a certification system. / read more

The agreement for the Unified Patent Court was signed on 19 February. The new system has been created with the aim of reducing patenting costs in Europe, creating a simpler and cheaper system for litigating those patents and promoting harmonisation. This Unitary Patent system will impact on a number of sectors, including e-commerce. James Boon, Alan Johnson and Michael Stevenson of Bristows, analyse the Unitary Patent System and how it could affect the world of e-commerce. / read more

The potential for cloud services and their impact on how data can be utilised is huge, but a concern remains that the possibilities these services enable are inhibited by the patchwork of EU legislation that relates to e-services. Peter Howitt, Solicitor at Ramparts Law, examines this concern and suggests solutions at an EU level to help enable the full potential not only of the cloud but of e-commerce services in general. / read more

E-Commerce Law & Policy explores how four countries are tackling piracy online. / read more

Michelle Cohen, Member at Ifrah Law, discusses privacy issues within mobile marketing. This article originally appeared as our February 2013 'Editor's Insight' column. / 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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