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Leading Internet Case Law

Volume: 12 Issue: 3

The Court of Justice of the European Union handed down a decision on whether it is legal to sell 'used software' or 'used licenses' when the software has been obtained via download. An issue that touches on the question of EU-wide exhaustion. / read more

The Federal Trade Commission issued an $800,000 penalty to Spokeo, a data broker gathering consumer information from online sources. The FTC's judgment makes clear that the Fair Credit Reporting Act applies to online data collection markets. / read more

The first ruling by the Advertising Standards Authority to shed light on the current regulations and codes of practice for advertising via social media, since the expansion of the ASA's Committee of Advertising Practice Codes (12th Edition) ('CAP Code'). / read more

On 30 May 2012 the US District Court for the District of New Jersey ruled on a case involving the alleged infringement of copyright in the popular game 'Tetris' by Xio Interactive, Inc. / read more

The Federal Court of Australia held that search engine providers are liable for misleading search results; in this instance that Google is liable for misleading search results as a result of its Google AdWords service. / read more

The sharing of audio visual content online, presents complex copyright protection issues, as it involves the creation of temporary copies on internet servers. The exact details pertaining to the EU wide directive which protects those works communicated via the internet are only just being clarified following a number of court cases. / read more

The International Trade Commission has seen a significant increase in intellectual property litigation investigations, particularly concerning cases involving infringing goods being imported into the US. / read more

The question as to whether emails constitute an enforceable contract has been asked in courts across the globe. The Statute of Frauds is continually used in defence of contracts created through conversational email, prohibiting actions to enforce contracts not signed in writing. / read more

An increase in court cases involving online piracy and referals to the Court of Justice of the European Union, illustrates the complex legal background to the protection of intellectual property rights online. Authorities are increasingly turning to website blocking to solve the problem, but fail to recognise the lack of legal basis for their actions. / read more

The High Court ruled that an administrator of a website may be liable for defamatory comments posted on a website connected to its site through a hyperlink. This case also considers the potential liability in defamation of Amazon, as a platform provider. / read more

About Leading Internet Case Law:

The bi-monthly case law publication providing expert analysis of key cases relating to the internet. Topics covered include intellectual property rights, copyright infringements, ISP liability, online advertising, distance selling regulations, privacy law, social networking, telecoms, and domain name disputes / read more

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