E-Commerce Law & Policy

Volume: 10 Issue: 12
(December 2008)

News

NetChoice, a coalition of e-commerce companies including eBay and Yahoo!, will challenge New York's proposed taxation of 'electronically delivered entertainment services', such as online film and song purchases, before it is debated by the legislature in April 2009. The tax ­ to close a 'digital property taxation loophole' ­ was proposed by New York Governor, David Paterson, in the State's executive budget for the 2009-2010 fiscal year, on 17 December. / read more

The UK government supports the European Commission's plans to extended copyright term, however thinks that 70 years would be fair rather than the Commission's proposed 95 years. / read more

Anurag Dikshit, founder and former director of net gambling company PartyGaming, agreed to forfeit $300 million as part of a plea agreement with the US government, after pleading guilty to charges that he used 'the wires' to transmit interstate and foreign commerce bets and wagering information. / read more

Features

While New York's proposed sales tax on book, film and song purchases would alleviate its state budget deficit in the short term, Governor Paterson's plans could have long term implications for e-commerce in the future if approved by the State legislature in April. / read more

WIPO refuses trademark owner rights to domain name
Interflora and Marks & Spencer in Google Adwords lawsuit
Ministry of Justice announces changes for the Data Protection Act
Dates for your diary / read more

Olswang recently conducted its fourth Convergence Consumer Survey in association with YouGov, which revealed how consumption of audio-visual content in Britain is changing. John Enser, Matthew Phillips and Simon Bernholt, of Olswang, highlight some of the key findings of the survey and the challenges that they present for ecommerce companies. / read more

The federal government has proposed legislation that would require Australian internet service providers to filter all internet content under a A$126 million cyber-safety plan designed to protect children from harmful content. Cheng Lim and Gary Chu, of Mallesons Stephen Jaques, examine the proposal, the impact that it could have on both consumers and the Australian internet industry, as well as legal issues that could arise due to a trade-off between the effectiveness of the filters and internet speed. / read more

Google recently came to a Settlement Agreement with US publishers that will allow it to index and publish out of date books in the US, after publishers launched a lawsuit claiming copyright infringement. Samuel Fifer and Austin Kaplan, of Sonnenschein Nath & Rosenthal LLP, examine Google's argument that its use of the work was 'transformative', the terms of the Settlement Agreement and the implications that it will have for Google, publishers and consumers, if approved. / read more

Microsoft, Google and Yahoo! launched the Global Network Initiative, on 28 October, to counter growing worldwide government pressure to censor the internet, or to disclose personal information. Miriam D'Jaen, an Associate at Perkins Coie LLP, discusses the principles set out in the Initiative and examines whether it will have any impact in countries that restrict internet use. / read more

eBay has recently launched lawsuits against two companies, which it alleges have attempted to fraudulently obtain advertising commission from eBay through 'cookie stuffing'. Vanessa Barnett and Kathryn Graham, of Berwin Leighton Paisner LLP, explain how eBay's affiliate marketing programme works, how 'cookie stuffing' can cause a company to be paid advertising commission unjustly, and the potential implications of the case. / read more

Wiggin LLP's Digital Music Survey revealed that while CDs remain the preferred format for consumption of music, consumption patterns are changing and, perhaps surprisingly, legal downloads are on the increase while mobile consumption is falling. Alexander Ross, a Partner at Wiggin LLP, highlights some of the key findings from the Survey. / read more

Copyright: 'Horn v Google'
Defamation: 'Crookes v Wikimedia Foundation Inc.'
Domain Names: 'Harry Winston v Jennifer Katherman' / read more

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About E-Commerce Law & Policy:

The monthly law journal giving authoratitive insights into all aspects of e-commerce law and regulations affecting online business, including domain names, Intellectual property, copyrights, online advertising, behavourial advertising, cloud computing, net neutrality, privacy, cybercrime, social media, trademarks, online sales, licensing and software / read more