8 1 January 2006

News:

Internet search engine leader, Google's decisions to contest the US government federal subpoena requiring it to hand over millions of search records, whilst agreeing to censor its search results in China are reflections of its drive to be world search leader, according to industry observers.

The High Court has ordered two men to pay the British Phonographic Industry (BPI) between £1,500 and £5,000 for making thousands of songs available online - the first cases of their kind to be heard in the British courts.

Proposals to strengthen the law against computer crime, including DOS (Denial of Service) attacks have been included in a new bill going through Parliament.

Features:

The recent publication of the Government's proposed Police and Justice Bill makes interesting reading for those of us concerned with e-business.

Office of Fair Trading publishesguidance on compliance
European Commission consultation on European digital libraries
Department of Trade and Industry consultations
A call for more digital rights for consumers
DCMS promises crackdown on illegal adverts

With the final approval of the Data Retention Directive expected soon, the criticisms that it encroaches on civil liberties and imposes heavy financial burdens on telcos and ISPs continue. Ian Williamson, a solicitor at Bird & Bird assesses the Directive, the objections against its implementation and its implications.

The BHB's loss against At The Races over the supply of pre-race data is not only another significant financial blow for British horseracing's governing body, but is also the first time that a UK court has found a business practice to have abused its dominant position under UK competition law. Howard Cartlidge and April Evans of the EU/Competition Group at Olswang analyse the case and its implications.

With internet and mobile phone rights to be included in the future broadcast packages for the FA Premier League, content will be available to a wider number of operators. However, with Sky announcing its intention to move into both markets, there are concerns that its existing market dominance may continue under the new regime. Dominic Farnsworth and Dr Thomas Hays of Lewis Silkin examine the issues.

Internet service providers must be careful when taking responsibility for content published on their sites and ignoring use of their networks for criminal activity. The UK Terrorism Bill attempts to balance government wishes for service provider liability with the difficult task publishers have of monitoring electronic information on a daily basis. Dr Thomas Hays of Lewis Silkin examines the UK's latest attempt at regulating this area.

A recent UK case where an individual won damages from a company that sent him email spam represents a significant victory in the fight against this internet menace. However, the case illustrates the difficulties individuals and organisations face in combatting spam under UK laws. Peter Brudenall and Ruth Halpin of Simmons & Simmons examine the issues.

Christopher Rees, Head of the Herbert Smith LLP Global ITC group and Dominic Callaghan, senior associate, provide an overview of the latest key developments in IT and eCommerce in the EU.

Insurance: Tektrol Ltd v International Insurance Company Ltd
Misleading Advertising: Office of Fair Trading v The Officers Club Ltd
Copyright: BMG Music v Gonzalez