8 2 February 2006

News:

The long awaited DCMS and Gambling Commission joint guidance on advertising by remote gambling operators, which was published 3 March 2006, while going some way to spell out what is a breach of the 1968 Gaming Act, still leaves uncertainty, particularly in regard to the use of factual statements.

Online business has been underwhelmed by the draft EU Services Directive. Industry analysts said the draft Directive was a `disappointment'.

The US Department of Justice (DoJ) is investigating allegations of price fixing by top music labels on their charges for digital music downloads.

Features:

The European Parliament's actions to limit the scope of the draft services directive is a blow to those who support the principles of an EU single market.

An erosion of consumers' digital rights?
Review of UK's intellectual property framework
High Court rules on P2P illegal filesharers
On your marks! Get set! Go!
Dates for your diary

The recent High Court order requiring ISPs to divulge the identities of 150 suspected software pirates and the Federation Against Software Theft's intention to launch criminal prosecutions against them has highlighted the industry's determination to crack down on piracy. With company directors who allow infringements to take place on their networks also set to be targeted, Claire Walker of Olswang examines the latest developments.

Since the Woolf reforms, it is no longer possible to ignore electronic documents as a source of evidence in commercial litigation. As organisations increasingly move towards a paperless office, potential evidence which contains personal data means document disclosures must comply with the relevant provisions of the Data Protection Act. Lucy Inger of The Privacy Practice examines the issues.

The recent decision by Google to remove BMW's German website from its web Index raises important considerations under EU competition laws. Dr Thomas Hays of Lewis Silkin solicitors examines Google's decision and its consequences.

US Representative, Bob Goodlatte's Internet Gambling Prohibition Act is the latest attempt to ban online gambling in the US. With the bill containing exemptions for certain industry sectors and being introduced amidst a Republican lobbying scandal, the prospects of a gambling ban look stronger than at any point in the last seven years. Frank Catania and Keith Furlong of the Catania Consulting Group assess the latest developments.

Research indicates that web site compliance levels with the UK Disability Discrimination Act are low and that it is only a matter of time before the UK witnesses the first reported court case against an organisation's failure to provide proper standards of service to disabled web users. Sally Hayward, Barrister at Gray's Inn, examines the legislation and what organisations must do to comply.

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

Defamation: John Doe No.1 v Patrick & Julia Cahill
Distance Selling: Interfact Ltd, Pabo Ltd v Liverpool City Council
Trademarks: Intel Corp v Retd. Admiral B.R. Vasant