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Digital Business Lawyer

Volume: 19 Issue: 7
(July 2017)


News

The European Commission (‘EC’) handed down a fine of €2.42 billion to Google on 27 June 2017, after finding that Google had breached EU antitrust rules by abusing its market dominance as a search engine throughout the EEA by giving an illegal advantage to its Google Shopping comparison shopping service. / read more

The UK Government announced in the Queen’s Speech on 21 June 2017 a number of measures relevant to digital business including the introduction of a new ‘Digital Charter’ and a new data protection bill. / read more

On 22 June 2017, China’s State Administration of Press, Publication, Radio, Film and Television (‘SAPPRFT’) ordered the blocking of all live video and audio streaming content on three of China’s largest online media platforms: Sina Weibo, iFeng, and ACFUN. SAPPRFT stated that the websites are “not in line with national audiovisual regulations and [are] propagating negative speech,” threatening to close the websites down if they did not comply with restrictions on who and what can be live streamed. / read more


Features

The proposed new EU ePrivacy Regulation threatens the business models of many in the adtech sector.  Nick Johnson, Partner at Osborne Clarke LLP and Member of the Digital Business Lawyer Editorial Board, reviews the challenges it poses and looks at possible outcomes for businesses in this space. / read more

The ‘Dutch trilogy’ of piracy cases and the impact on the ‘value gap’ debate In the latest decision in what could be called the ‘Dutch trilogy’ of referrals from the Dutch courts involving copyright infringement online, the Court of Justice of the European Union (‘CJEU’) has ruled on a case involving the infamous The Pirate Bay (‘TPB’) website, holding that the operation of a platform which allows users to locate and share copyright works, by indexing metadata relating to works and providing a search engine, constitutes copyright infringement. The contribution of the TPB case to EU case law in this area, alongside previous decisions in GS Media and Filmspeler, has developed a standard on whether a website communicates to the public. Ted Shapiro, Partner at Wiggin LLP,  discusses in detail the TPB case, its wider implications for online copyright, and what it means for the legislative debate around what is referred to as the ‘value gap.’ / read more

In the digital era, databases and the data within them are increasingly valuable assets. Data has the potential to be leveraged by businesses and governments for commercial and social ends. Theo Savvides, Sarah Blair and Sean Ibbetson of Bristows consider in this article the deficiencies of database rights in the UK and whether the European Commission’s recently proposed data producer’s right might address these issues by extending the scope of protection to data itself. / read more

Russian authorities have recently adopted a new law on ‘online cinemas,’ which amends the Federal Law ‘On Information, Information Technologies and Protection of Information’ and which is directed at video on demand (‘VoD services’). The new Law has however been subject to some criticism, and also contains some ambiguities, for instance there is some confusion around platforms with user-generated content. David Aylen and Meldir Erbulekova of Gowling WLG (International) Inc. analyse the new Law, the concerns and the possible market impact. / read more

With the recent revelation that a certain European car manufacturer’s vehicles are equipped with software allowing them to appear less polluting than they truly are, the role of software engineers in the creation of code which has unintended results is under the spotlight. This particular matter echoes an earlier emissions debate involving another manufacturer last year, where the US Environmental Protection Agency discovered that many cars being sold in America had a defeat device - or software - in diesel engines that could detect when they were being tested, changing the performance accordingly to improve results. Concerns about unethical software is now spreading beyond the car industry. Take for instance ticket touts who are using software bots to harvest concert tickets in bulk and resell them at vast markups. Individuals caught in the act are facing unlimited fines in the UK as part of a crackdown on highly profitable resale sites such as Viagogo, StubHub and GetMeIn. John D. McGonagle, Senior Associate at DLA Piper, provides his thoughts on the concerns surrounding unethical software and asks whether there needs to be a total overhaul of the legal system around software engineers and coding. / read more

In a move greeted with a sigh of relief from businesses, on 2 June 2017 the Government of Canada put on hold a number of controversial provisions of Canada’s Anti-Spam Legislation (‘CASL’), most significantly those provisions which would have allowed for individuals to have a private right of action (‘PRA’) against organisations directly1, as of 1 July 20172. In this article, John Beardwood of Fasken Martineau LLP reviews the reasons for this suspension, and the impact on businesses seeking to comply with CASL. / 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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