9 3 March 2007

News:

Second Life plans to introduce features that will enable its residents to 'optionally' confirm aspects of each others' identity, including age and jurisdiction, following concern from regulators that it is being used for illegal activity, such as internet gambling. The change would allow internet casinos and other Second Life businesses to restrict access to 'avatars' that are under age, or are from 'real world' states which prohibit certain activities.

Apple and major record companies are being investigated by the European Commission after it alleged that the deals which allow consumers to buy online music from Apple's iTunes store violate EU competition laws.

Internet advertising expenditure in the UK reached over £2 billion in 2006, boosting advertising industry growth as spend in traditional media declined.

Features:

One by one, issues that occur in the boring old 'real world' are clawing their way into the brave new 'virtual worlds', created by people wanting to escape from the constraints of real world existence. Second Life's decision to introduce optional age verification, following apparent pressure from US law enforcement authorities, provides yet another signal that this is happening.

EU Commission to review contract law to make internet selling easier
ICO issues Data Protection Good Practice Note
Two year sentence for unlawful use or trading in personal information
Dates for your diary

Viacom's decision to seek $1 billion in damages from YouTube and Google for alleged copyright infringement represents the latest battle between rights owners and content providers as the internet embraces user-generated content models. Richard Graham, a senior associate at Bird & Bird, analyses past copyright cases and current developments in order to determine potential outcomes and solutions to such disputes.

The rising popularity of virtual worlds such as Second Life has created challenges in applying laws and regulations from the physical world to the virtual space. In this article, Alan N. Sutin, shareholder in the New York office of Greenberg Traurig LLP, sets out some of the recent legal developments and issues to be addressed as the popularity of virtual worlds increases.

The European Commission is keen to create a borderless online retail market in Europe and is currently inviting comments on proposals set out in a Green Paper. Rebecca Anderson of Kemp Little LLP, examines why the Commission feels it is necessary to review consumer protection law, the proposals suggested in the Green Paper and the consultation process before final proposals are drafted.

Congressmen have introduced legislation designed to clarify questions surrounding consumers' 'fair use' of digital copyright in the US, including who can be held liable for infringement and the amount of damages that should be sought. Daniel Harris, former head of intellectual property at Clifford Chance, examines if the changes recommended in the legislation are necessary and proportionate, and assesses its chance of success.

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.

Patent Licensing: Medlmmune v Genentech
Domain Names: Ryanair v Michael Coulston
Online Gambling: PMU v Zeturf Limited