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Leading Internet Case Law

Volume: 8 Issue: 5

A US court rules that no interception of electronic communications can occur for the purposes of liability under the Wiretap Act once the communication is in electronic storage, and if in storage, interception is covered by the Stored Communications Act. / read more

The Paris Court of Appeal has confirmed the decision of the Paris Commercial Court that the distribution of software that enables users to extract data from a website without visiting that site, should be prohibited as an act of 'free riding'. / read more

A Californian federal court finds that the Communications Decency Act protects eBay from liability for the content of third party sites, but not from claims that it is defrauding its customers by falsely representing the safety of its Live Auction service. / read more

The UK High Court allows Tiscali's interlocutory application to amend a pleaded case to argue that BT's alleged breaches of regulations around advertising could constitute 'unlawful means' under the tort of causing loss by unlawful means. / read more

The ECJ rules that if a later trademark calls an earlier trademark to mind, then that can be sufficient to constitute a 'link' for the purposes of the Trade Mark Directive, however to obtain protection, evidence of actual or present injury must be provided. / read more

The Kentucky Court of Appeals upholds an appeal that the Commonwealth of Kentucky does not have the authority to issue a Seizure Order relating to 141 domain names associated with online gambling. / read more

A US federal court holds that ',' and '', which allowed consumers to complain about businesses, are immune from liability under the Communications Decency Act, as the sites did not author the offending content. / read more

The Irish High Court rules that seeking an amicable solution is not a condition precedent to enforcement, accepting that the introduction of such a requirement would curtail the Data Protection Commissioner's ability to enforce the law. / read more

The French Competition Council rules that a restriction on internet sales within a selective distribution network constitutes a restriction on competition under Article 81 of the EC Treaty, and does not qualify for the 'virtual block exemption'. / read more

A Swedish court rules that a person cannot be taxed on winnings from online gambling sites based in another EU Member State, as winnings from the state operator are not taxable. / read more

A US federal court rules that Verizon failed to provide overwhelming evidence that Cox Communications had infringed its VoIP patents through provision of its own telephone services over a data communications network. / 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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