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Digital Business Lawyer

Volume: 16 Issue: 11
(November 2014)


News

The UK High Court on 17 October granted an injunction requiring the UK’s five major ISPs to block access to websites infringing the trade marks of the Richemont/Cartier Group by selling counterfeit goods, in Cartier International and Others v. BSkyB and others [2014] EWHC 3354 (Ch); the blocking injunction is the first granted for trade mark infringement in the UK. / read more

China’s Supreme People’s Court issued a judicial interpretation on the breach of personal rights on the internet, which came into force on 10 October. The interpretation aims to standardise the handling of civil disputes involving information networks and clarifies the legal liabilities applicable to ISPs. / read more

The Hungarian Prime Minister Viktor Orban scrapped plans to introduce a tax on internet usage in Hungary on 31 October in response to widespread protest. “Whatever the government’s intention was, this tax simply can’t be introduced,” said Orban in a state radio interview. “We want to govern with the people.” / read more


Features

The use of algorithms to convert information into unreadable cipher text is not a new phenomenon and yet recently encryption has become a frequent headline item. The relationship between users, encryption and the law is not always a comfortable one. By examining two recent developments in the world of encryption, Rob Sumroy and Laura Houston of Slaughter & May consider whether encryption is a useful tool for the legislator or a potential thorn in its side. / read more

‘Video-on-demand’ (‘VOD’) services are becoming increasingly popular. Broadcaster VOD in particular can be very attractive to advertisers due to the high quality, popular content made available on demand by TV broadcasters to a receptive audience. Commercial broadcaster players are now also found on a number of platforms and devices including set-top boxes, smart TVs, smartphones, tablets and games consoles. While only a small proportion of overall general TV viewing is conducted via VOD services today1, the numbers are expected to rise. By Anna Williams and Nick Johnson of Osborne Clarke. / read more

On 9 October 2014, the Chinese Supreme Court issued a new judicial interpretation titled ‘Provisions on the Application of Laws in Hearing Tort Cases where Personal Rights and Interests are Damaged by the Use of Information Networks’ (the ‘Provisions’). Judicial interpretations issued by the Supreme Court serve as guidance for individual Chinese courts to refer to. The Provisions work around Article 36 of the Chinese Tort Law, which contains very broad and high level provisions in relation to online torts. By Davis Wang of Simmons & Simmons. / read more

Robert Bond of Speechly Bircham considers privacy certificates and seals, analysing for example their provision within the EU draft Data Protection Regulation, their uptake so far and their future. / read more

Following the recent landmark decision in Cartier International AG & others v. BSkyB & others, [2014] EWHC 3354 (Ch), confirming that UK courts can demand that ISPs block access to websites selling counterfeit goods, Jeremy Blum and Sean Ibbetson of Bristows LLP look at the situation so far in regards to the liability of online intermediaries for IP rights infringement as established by the Court of Justice of the European Union (‘CJEU’), and what the future holds. / read more

The Location Privacy Protection Act of 2014 has been proposed in the US, which if passed would prohibit businesses from knowingly collecting geolocation data from mobile devices without obtaining the consent of the user. Sarah L. Bruno and Eva J. Pulliam of Arent Fox LLP provide detailed analysis of the proposed legislation and what it would mean for mobile product and service providers targeting US customers. / read more

On 1 October 2014 several new exceptions to copyright infringement came into force in the UK. The new exceptions allow parties, in certain circumstances, to use copyright works without having to obtain the permission of the copyright holder, provided they meet the relevant requirements. Perhaps the most talked about of these new exceptions is that for caricature, parody and pastiche (the ‘parody exception’). By Kostyantyn Lobov of Harbottle & Lewis LLP. / read more

Jas Purewal is Founder of Purewal & Partners LLP, a digital entertainment law firm. Jas provides an overview of the recent regulatory developments affecting free to play mobile games and apps in Europe. / 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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