8 6 June 2006

News:

Norway's consumer ombudsman has given Apple's iTunes an extended deadline of 1 August to reply to a letter asking it to comply with a number of complaints levelled by Forbrukerrådet, the Norwegian consumer council.

The UK Treasury has launched a consultation on the European Commission's proposal for a Payment Services Directive, which was adopted on 1 December 2005.

The ICO (Information Commissioner's Office) has for the first time issued an enforcement notice against a UK website over the use of personal information from electoral registers, published before 2002.

Features:

The UK Treasury consultation into the European Commission's proposals for an EU Payment Services Directive will be welcome news for all consumers and businesses who wish to make payments across the EU as easily and efficiently as within national borders.

Digital Rights Management public inquiry results
DCMS launches consultation on EU's TV Without Frontiers Directive
.mobi trade mark sunrise registration period commences
National Audit Office publishes report on "VAT on e-commerce"
Ofcom consults on the ICSTIS Code of Practice (11th Edition)
Dates for your diary

The current debate surrounding the future regulation of US telecommunications contains structural, legal and economic issues that have wider implications for consumers and businesses who rely on the internet. Marc S. Martin, Henry Judy and Benjamin J. Oxley of the Washington DC office of Kirkpatrick & Lockhart Nicholson Graham LLP examine the issues.

Legal disputes over the right to use domain names have existed since the beginning of the e-commerce boom and developments in technology and the domain name system means that disputes are likely to continue. H. Kristjan Larusson and Paul Garland of White & Case LLP, examine recent developments and some of the methods companies could consider to protect their interests.

A number of new cases highlight that MGM v Grokster was not the last word on file sharing via P2P networks. Mark Owen, a partner with Harbottle & Lewis, explains how recent developments have changed the way that copyright holders are reacting to new technologies.

In a recent ruling by the New York Court of Appeals, it was held that New York state can assert jurisdiction over a Montana resident who allegedly breached a contract by means of an instant message. Kenneth N. Rashbaum, partner at Sedgwick, Detert, Moran & Arnold LLP, examines this case and others to assess whether European corporations can be liable for the transmission of similar electronic communications.

A recent case brought in New York shows the balance that must be struck between the right to protect the commercial exploitation of one's image on the one hand and the right to artistic freedom on the other. Ashley Hurst, a media and litigation solicitor at Olswang, examines the case and assesses the equivalent positions under English and European law.

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.

DataTransfers: Cases C-317/04 and C318/04 European Court of Justice
Electronic Signatures: J Pereira Fernandes SA v Mehta
Freedom of speech: Jason O'Grady et al