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Leading Internet Case Law

Volume: 9 Issue: 3

A US federal court overturns the federal conviction of a woman under the Computer Fraud and Abuse Act for violating a social network's terms of service by pretending to be somebody else, leading to the suicide of a young girl. / read more

Mr. Justice Eady, of the England & Wales High Court, holds that Google is a facilitator rather than a publisher of content, so cannot be held liable for defamatory content, even when notice is given. / read more

In Football Association Premier League v. Youtube, a US District Court dismisses the plaintiffs' claims for punitive and statutory damages under the Copyright Act, except those claims for statutory damages which qualify for the live broadcast exemption. / read more

The England and Wales High Court rejects an argument that a blogger's identity should remain private under Article 8 of the European Convention for the Protection of Human Rights, stating that 'blogging is essentially a public rather than private activity'. / read more

A US district court grants summary judgment in favour of A9, finding that it is afforded safe harbor under the Digital Millennium Copyright Act (DCMA), as Perfect 10 had failed to provide A9 with notice of infringement as required by the DCMA. / read more

As an advertisement failed to comply with all the criteria of the Comparative Advertising Directive, the European Court of Justice rules that use of an identical mark for goods or services with identical characteristics warrants 'absolute' prohibition. / read more

The Ninth Circuit holds that the Communications Decency Act provides safe harbor for software makers who provide consumers only with the technical means to block offensive material on the internet. / read more

The UK Court of Appeal holds that a trade association's use of disclaimers on its website absolves it from liability for the actions of its members, despite a lack of clarity on the question of such liability due to statements made on the site. / read more

A UK Intellectual Property Officer overturns a decision of one of its examiners, who rejected a patent application for a software application for networking functions enabling software development on a mobile phone. / read more

A New Jersey appellate court refuses to enforce an employee contract that renders all electronic communications as property of the employer. / read more

A District Court grants a preventative temporary retraining order which forces search engines to reveal who paid for fraudulent adverts. / read more

The Court part approves and part denies a motion that consumers can recover from Hannaford any loss resulting from a third-party data theft. / 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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