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Digital Business Lawyer

Volume: 19 Issue: 5
(May 2017)


The Court of Justice of the European Union (‘CJEU’) handed down its decision in Stichting Brein v. Wullems t/a Filmspeler C-527/15 on 26 April 2017, providing copyright owners with a right to be used against defendants who do not originate the infringing sources of content; the ruling marks another important decision in a series of cases relating to the communication to the public right. The CJEU’s ruling clarifies that a media player marketed and sold with pre-installed add-ons that provides access to sources of content that are known to infringe copyright violates the communication to the public right. / read more

Canada’s Radio-Television and Telecommunications Commission (‘CRTC’) issued a decision on 20 April 2017 finding Videotron (Quebecor Media Inc., Videotron Ltd., and Videotron G.P. collectively) in violation of s.27(2) of the Canadian Telecommunications Act 1993 (the ‘Act’) resulting from the use by its Unlimited Music package (‘UM’) of ‘zero-rating’ - enabling the streaming of music from certain online services such as Spotify through UM without such streaming forming part of users’ monthly data caps or incurring data charges. The decision results from a complaint by the Public Interest Advocacy Centre (‘PIAC’). / read more


Much has been written about the UK’s continued relationship with the EU following the UK’s departure from the EU in 2019, including in regards to the impact on the UK’s digital sector; less has been said so far about the implications of new free trade deals with non-EU countries such as the US. Here, Robert Bratby, Partner at Arnold & Porter Kaye Scholer, looks at the free trade deal the UK could strike with the US, specifically, in the wake of Brexit, and what this would mean for the UK’s digital sector, using as a basis the US’ current free trade deals with countries such as South Korea. / read more

In The Football Association Premier League Ltd v. British Telecommunications PLC (and others) [2017] EWHC 480 (Ch), the Football Association Premier League (‘FAPL’) secured a novel blocking order at the High Court, mandating the six major UK ISPs to impede customer access to servers used for infringing live streams of FAPL football matches. Steven James and Mark Hersey of Brown Rudnick LLP provide analysis of the Court’s decision and of this new breed of blocking order. / read more

The UK’s Competition and Markets Authority (‘CMA’) is currently conducting a market study into the use of digital comparison tools for the purchase of home insurance, broadband, credit cards and flights. Becket McGrath, Partner at Cooley (UK) LLP, provides an overview of the study, the recent CMA update paper and the possible competition issues that could arise. / read more

In the second part of his two-part series, Sheldon Burshtein, Partner at Blake, Cassels & Graydon LLP, continues to examine the topic of ‘fake news,’ considering other legal issues relating to ‘fake news’ in Canadian law, and reporting on the ‘true news.’ The first part of this article was published in the April 2017 edition of Digital Business Lawyer. / read more

There have been a number of recent developments with implications for the digital sector in Germany, as the German authorities grapple with emerging digital issues. On 14 March 2017 German Justice Minister Heiko Maas announced a new draft law threatening social networks with fines of up to €50 million if they fail to remove illegal content quickly: the Draft Law to Improve Law Enforcement in Social Networks (‘Draft Law’). Meanwhile on 20 March 2017 the German Federal Ministry for Economic Affairs and Energy (the ‘Ministry’) published its Digital Platforms White Paper (‘White Paper’). In light of these developments, Digital Business Lawyer spoke to a number of experts in this area to get their perspectives. / read more

A recent ruling by the UK’s Advertising Standards Authority (‘ASA’), upholding a complaint against the mobile game ‘Liberators’ which alleged that images featured in ads for the game on Facebook made the ads misleading, is another example of the level of attention advertising regulators are giving to the mobile games sector. The ruling is one of a number in this area over the past few years. Dan Smith and Sophia Khan of Gowling WLG (UK) LLP analyse the Liberators ruling and look at other similar regulatory verdicts in this area, before discussing relevant ASA guidance that can assist mobile games developers with advertising compliance. / 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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