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Leading Internet Case Law

Volume: 12 Issue: 6

The two cases mark the first time search engines have been held to be publishers of defamatory material in Australia; highlighting that the ‘innocent dissemination’ defence may only protect search engines up until they receive a takedown notice. / read more

Sky’s broadcasting rights in regards to Premier League football have been questioned heavily in the last twelve months; despite this, the pub decoder case, Ofcom’s appeal in the Competition Tribunal and the bid for domestic Premier League rights have all concluded in favour of the broadcaster. / read more

The practice of game cloning is leading to legal disputes like Electronic Arts Inc v. Zynga Inc, in which the developer of the ‘original’ game asserts that an alleged clone has crossed the line between lawful copying and copyright infringement. / read more

The Supreme Court of South Carolina ruled in Jennings v. Broome that a private citizen can ‘hack’ into another person’s email account without violating federal law, more specifically the Stored Communications Act, 18 U.S.C. §§ 2701-12. / read more

The US Federal Trade Commission enforced proceedings against a number of celebrity websites and fan clubs run by Artist Arena for failing to comply with the Children’s Online Privacy Protection Act (COPPA). The FTC’s decision provides further guidance for all websites and online services wholly or partially directed at children. / read more

The Supreme Court of Canada released a number of copyright decisions in 2012, which clarify the principle of fair dealing in relation to copyright. The aforementioned judgements reject the narrow scope of fair dealing in favour of a broader fair dealing user right. / read more

The United States Court of Appeals for the Federal Circuit ruled on the patentability of computer-implemented inventions, finding that in the case of Bancorp v. Sun Life, patent claims involving machines or systems can be equal to abstract ideas. / read more

In Walter v. Paris, a US court ordered the city of Paris to transfer domain name rights to a Californian individual using ICANN’s UDRP. This case illustrates the importance of assessing the risks of being drawn into legal proceedings in an unfavourable territory. / read more

Fairstar brought action against Adkins and Claranet on grounds of proprietary interest, on the basis that email content created by, or in the possession of an employee or agent, while in the course of employment, are the property of the principal. / read more

New Zealand’s Copyright Act was amended in 2011 to prohibit illegal online file sharing; now the Copyright Tribunal is set to hear the first infringement cases under the new ‘three strikes law’, at which point we will see how the online copyright infringement regime operates in practice. / read more

The Personal Keepsakes v. decision illustrates the necessary requirements to ensure copyrighted content featured online is protected by the DMCA. / read more

By judgment of 3 July 2012, the European Court of Justice (the Court) ruled on the question of whether the resale of used software that has been made available by means of download is permissible although the rights holder opposed such resale under the license terms in the case UsedSoft GmbH v. Oracle International Corp. / 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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