6 10 October 2004

News:

Richard Thomas, the UK’s Information Commissioner, admitted this week that “there are limits to what can be done by regulation” in the fight to tackle the international problem of spam.

The provision of underage gambling services will be a criminal offence and online gambling sites will be obliged to verify the ages of gamblers in provisions in the Gambling Bill which was published on October 19.

The High Court ruled on 14 October that ISPs must disclose the identity of 28 filesharers who have been uploading music onto P2P networks. Less than two weeks after the British Phonographic Industry (BPI), which represents the UK’s music industry, lodged applications in the High Court for Orders of Disclosure, Mr Justice Blackburne granted orders in 28 suits, reportedly saying that this was “a powerful case of copyright infringement”. The orders require the relevant ISPs to reveal the identities of filesharing users. The ISPs now have two weeks to provide this information to the BPI.

Features:

Tough government action to block underage gambling on the internet is to be welcomed. But the demand that online gambling sites should exclude underage gamblers is currently easier said than done. There is software available which can help but there are still data protection issues involved which can make the provision of accurate information difficult.

Dutch Presidency issues compromise text of Sales Promotion Regulation

The Financial Services (Distance Marketing) Regulations 2004

Commission reviews responses to consultation on ‘traffic data retention’

Commission launches online consultation on Electronic Procurement

European Commission’s policy and legislation on public procurement

Dates for your diaries

This article considers the scope of terms like spyware and adware and considers how far these phenomena are already addressed by UK law. It concludes with some practical advice on steps businesses can take to limit their exposure to the risks posed by these applications.

The furore over the patentability of software innovations in Europe has reached a political boiling point. On one side, the European Parliament is advocating restrictions on the patentability of software, while the European Union Council of Ministers favours a more liberal approach, much akin to the software patent regimes employed by Europe’s economic counterparts - the United States and Japan. The lines have been drawn, and the fight appears to have only yet begun.

The Court of Appeal of the State of California has held that an exclusion clause in eBay's User Agreement was effective to relieve eBay from liablity for defamatory material not promptly removed by eBay once put on notice.

This article considers the case in more detail and goes on to conclude that perhaps the most wide-reaching impact of the case is that the online contract was in principle no different to a traditional contract.

With the Olympics attracting record television viewing figures attention will soon turn to one of the next major global television events, the 2006 World Cup in Germany. This article considers the issues that the broadcasting of the Event creates, particularly for those who wish to view it and those who want to ensure that they do.

Bluetooth is a wireless (and free) means of sending information. This wireless standard protocol is commonly found on PDA’s, mobile phones and laptops. The availability of Bluetooth is on the increase - so too it seems are the crazes and scares that come with many new technologies.

Public procurement contracts are likely to be the focus of much interest once the Freedom of Information Act comes into force on January 1 2005. This article looks at the impact of FOI on companies contracting with public authorities.