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Digital Business Lawyer

Volume: 15 Issue: 4
(April 2013)


A New York District Court ruled on 1 April that music service ReDigi, which operates a marketplace for the resale of digital music files, is in violation of copyright law, following a lawsuit brought by Capitol Records. Judge Sullivan’s verdict found ReDigi’s method of migrating digital files from one computer to another was in itself a form of reproduction and thus violated copyright law. / read more

The EC released its First Report on the application of the Unfair Commercial Practices Directive on 14 March, assessing the application of the Directive and outlining a series of actions to increase harmonisation. / read more

Hong Kong’s new direct marketing requirements introduced by the Personal Data Privacy Amendment Ordinance came into effect on 1 April to industry confusion. / read more


In March, the European Commission’s Institute for Prospective Technological Studies published ‘Digital Music Consumption on the Internet: Evidence from Clickstream Data,’ a study which explores individuals’ web behaviour in terms of the music websites they visit, analysing the clicks made across three categories: streaming sites, legal purchasing sites and illegal download sites. / read more

In March 2013 the European Commission imposed a €561 million fine on Microsoft for not complying with legally binding commitments made by Microsoft to increase competition in the web browser market. Sébastien Engelen and Annabelle Lepiece of CMS DeBacker, Brussels, discuss the Microsoft case in detail, the commitments and failings. / read more

Last month, the Federal Trade Commission ('FTC') released revisions to its guidance document on disclosures in digital advertising. '.com Disclosures: How to Make Effective Disclosures in Digital Advertising' expands on the FTC's prior guidance, 'Dot Com Disclosures: Information About Online Advertising,' released in 2000. Christopher M. Loeffler and Katherine E. Riley, of Kelley Drye & Warren LLP, discuss the updates to the Revised Guide, which address recent changes in technology. / read more

New technologies and services are transforming the way we use the internet, with more and more online personal activity being recorded by government bodies, social networks, technology and communications providers and commercial websites. This much we know. What we don't know, at present, is how much of this data is being used to 'sell' things at 'personalised' prices. It would be good to know and the OFT has put its sniffer dogs behind finding out with its call for information towards the end of 2012. Vanessa Barnett, Partner at Charles Russell LLP, asks what is all the fuss about? / read more

Over the past decade Spanish private and public sectors and civil society have made a remarkable joint effort to implement information and communication technology, broadband coverage and e-public services. However, Spain still has far to go to reach the desirable indicators on the development and use of such technology, particularly in comparison with other European countries. In order to reduce this gap and foster the development of ICT, in February the Council of Ministers approved a new Digital Agenda for Spain outlining the strategy for 2013-2015. Pablo Gonzalez-Espejo, Partner at Uría Menéndez, explores the guiding principles behind Spain's new Digital Agenda. / read more

The Metropolitan Police Service published in February a damning report on ticket crime, called 'Ticket Crime Problem Profile.' The Report draws its findings and recommendations from Operation Podium, the team set up by the Met to address ticket crime affecting the London 2012 Olympic and Paralympic Games. Jessica Woodhead, a Trainee Solicitor at Michael Simkins LLP, explores Operation Podium, a three-year analysis of ticket crime with a particular focus on unauthorised secondary ticket websites. / read more

A form of outsourcing that allows potentially thousands of applicants to compete a task, from designing a branded logo to a computer program, for a specific business, crowdsourcing has risen in popularity and has benefits both for businesses and respondents. When a task receives many responses however, a substantial amount of intellectual property is created, and this can present legal issues, especially in terms of accusations of copyright infringement. Rohan Massey, a Partner, and Leigh Smith, an Associate at McDermott, Will & Emery LLP, discuss the legal risks and the steps a company can take to mitigate these. / read more

E-Commerce Law & Policy explores the state of e-commerce in four jurisdictions. / 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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