E-Commerce Law & Policy

Volume: 4 Issue: 8
(August 2002)

News

The lack of women and ethnic minority lawyers among the panel of experts for the Nominet UK Dispute Resolution service has drawn criticism from lawyers active in the field. / read more

The Recording Industry Association of America (RIAA) has closed down China-based pirate P2P site Listen4ever after launching legal action against leading US internet service providers. / read more

BT has lost its case against ISP Prodigy in which BT claimed that a US filed 1970’s patent covered internet hyperlinking. Judge Colleen McMahon of the US District Court, Southern District of New York issued summary judgment on 22 August in Prodigy’s favour deciding that it had no case to answer. She said: “I find that as a matter of law, no jury can find that Prodigy infringes the Sargent patent, nor that Prodigy contributes to infringement of the Sargent patent, nor actively induces others to infringe the patent.” / read more

Features

Whatever happens on the web, the ISP is the one that is likely to be held responsible.

The recent move by record companies to block China-based but US-targeted music pirate Listen4ever by threatening legal action against leading US ISPs was just the latest example. / read more

Companies adopting e-procurement auctions as a means of sourcing goods and services stand to gain huge savings, but at what cost, and is the process really an auction? / read more

The recent judgment in Denmark (Danish Newspaper Publishers Association v Newsbooster.com ApS) on the issue of deep linking is, on almost identical facts, contradictory to the judgment of the District Court of Rotterdam in August 2000 in the case of Algemeen Dagblad B.V. and Others v Eureka Internetdienstn. I will look, in this article, into the differences in the two cases and why, on such similar facts, the judgments were so different. I will then go on to analyse a further course of action that will arise in respect of deep linking in December 2002 when the Copyright Directive 2001/29 comes into force in all Member States. / read more

For a business trading online, there are two problems: first, which courts will take jurisdiction over my e-business? Secondly, if they do, what law will they apply to my e-business? / read more

The European Commission has recently adopted a proposal for a Directive on the patentability of computer-implemented inventions, with the aim of harmonising the law on the patentability of certain computer programs across the EU. But will this make the law in this difficult area any clearer? / read more

The Government published its draft Communications Bill in May. It was then subject to consideration by a joint scrutiny committee of both Houses of Parliament, chaired by film producer Lord (David) Puttnam. Most of the public debate about the Bill has centred on two controversial media issues: the proposal to remove the ban on foreign ownership, which currently applies to terrestrial TV and analogue radio services, and the extent to which the BBC should fall under the new regulatory framework. However, below these headlines a number of important changes are being made to the regulatory framework covering telcos, ISPs and the distribution of content via electronic networks. It is these that are the focus of this article. / read more

The Electronic Money Directive was required to be implemented by Member States on 27 April 2002. The UK has implemented the Directive by an amendment to the Financial Services and Markets Act 2000 and under separate Electronic Money Regulations. / 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