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Digital Business Lawyer

Volume: 15 Issue: 5
(May 2013)


News

The US House of Representatives passed the Cyber Intelligence Sharing and Protection Act (CISPA) on 18 April, but the bill seems likely to fail again in the Senate due to privacy concerns, with the Senate concentrating on writing a new bill aimed at strengthening US cybersecurity. / read more

The Enterprise and Regulatory Reform Act (ERR), which received Royal Assent on 25 April, provides the Secretary of State with the power to introduce licensing of copyrighted material, which has no identified owner and which currently cannot be digitised or used without permission until the term of copyright expires, the licensing of so-called ‘orphan’ works. / read more

Google formally submitted a number of concessions to the EC made public on 25 April in an attempt to end the EC’s antitrust investigation into its search practices. / read more


Features

Is reading material on an internet web page an act which requires authorisation from the owner of copyright in the material? This was the question before the Supreme Court in the recent NLA v. PRCA dispute (the 'Meltwater case'). The case concerned the application of the temporary copies exception in Article 5(1) of the Information Society Directive (implemented in the UK by s.28A of the Copyright, Designs and Patents Act 1988) to temporary copies which are stored in a browser cache and produced on screen when an end user views a web page. Ben Allgrove, Michael Hart and Nicole Fairhead, of Baker & McKenzie, who acted for Meltwater and the PRCA in these proceedings, discuss the legislative background to the Meltwater case and the wider impact of the landmark ruling issued by the Supreme Court. / read more

The Internet Corporation for Assigned Names and Numbers (ICANN) has launched the Trademark Clearinghouse, which aims to provide a database for the registration of trade mark data for brands prior to the release of 1,930 top-level domains this spring. While ICANN intends the Clearinghouse as offering a means for individuals and companies to protect their brands against the unwanted attention of cybersquatters, the Clearinghouse may be undermined by a number of factors, explains Scott B. Gardiner of D Young & Co. / read more

Sophie Cameron spoke to Viktor Mayer-Schönberger, Professor of Internet Governance at Oxford University and co-author of the recently published ‘Big Data: A Revolution That Will Transform How We Live Work and Think,’ written with Kenneth Cukier, Data Editor of The Economist, about the potential for big data to change the world, and the need for regulation. / read more

In March 2013 the European Commission issued its review on the application of the Unfair Commercial Practices Directive ('UCPD') five years after its entry into force. The Report gathered feedback on the effectiveness of the UCPD across the EU and provided a summary of actions for the Commission to maximise the UCPD's benefit to consumers, primarily through coherent application and improved enforcement. Aonghus Martin, an Associate at Marriott Harrison LLP, discusses the Report in detail and the focus for the UCPD going forward. / read more

In Slovenia, the European Parliament Directive 2006/24/EC on data retention entered the Slovene legal system via the country's Electronic Communications Act, which came into effect on 15 January 2013. The Act has already been challenged, on 19 March 2013, on data retention grounds by Slovenia's Information Commissioner. The Commissioner argues that Slovenia's data retention regulation violates, inter alia, the constitutional right to privacy, as mag. Mitja Podpe_an, Senior Associate at Jadek & Pensa discusses. / read more

The security of cyberspace is now a hot topic for governments across the globe, and different jurisdictions have adopted varying approaches to combating cybercrime, from information sharing federal bills in the US to the ‘big picture’ oriented Cybersecurity Strategy of the EU. Mark Surguy and Liz Fitzsimons, of Eversheds LLP, assess the mammoth task of tackling cybercrime and the latest governmental approaches. / read more

On 30 March 2013, a New York District Court handed down its decision in the case of Capitol Records v. ReDigi, finding that ReDigi, a service that offers an online marketplace for the reselling of mp3 files, was in violation of US copyright law. Samuel Fifer and Katherine L. Staba of Dentons examine the court's findings and explore how the digital redistribution conundrum remains unsolved. / read more

E-Commerce Law & Policy explores the online sales tax debate 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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