9 4 April 2007

News:

Internet auction site eBay said it would 'vigorously' defend itself against an antitrust class action lawsuit, re-filed in April in the District Court for the Northern District of California, alleging that eBay, through its whollyowned subsidiary PayPal, uses illegal tie in and steering practices to improperly 'monopolize' the forms of payment that merchants can use on eBay. The class action was originally filed in March in the Western District of Texas.

The House of Lords has ruled that commercially valuable information is protected by the law of confidence in a case involving the publication of celebrity photographs.

Digg.com, which allows users to submit links to articles of interest and rank them in importance, has reversed its decision to remove links to articles including an encryption code that facilitates copying of HD-DVD discs.

Features:

Digg's decision not to comply with a take down request issued by an alliance of companies that have invested in developing the next generation of DVDs, is an interesting one. It will test how far 'web 2.0' companies that rely on user-edited content can comply with take-down requests under the Digital Millennium Copyright Act, without shutting down entirely.

"No parking please!" WIPO's new cybersquatting warning
ECOFIN adopts compromise text for the Payment Services Directive
European Commission publishes consolidated text of the draft AwFD
Dates for your diary

European Union Member States have until 15 September to implement the Data Retention Directive into national law, however may postpone application of the Directive to the internet until 15 March 2009, a path the UK has chosen. In this article Jeff Goodall, of Kemp Little LLP, provides a brief explanation of the key provisions of the Directive and examines its proposed transposition into UK law via the Data Retention (EC Directive) Regulations 2007.

As Wi-Fi usage and networks expand in cities around the world, so have cases where people have accessed a private Wi-Fi network without permission. Cyril Chua and Arthur Yap, of Alban Tay Mahtani & de Silva, Singapore, examine how the law has been applied in these cases, and how the law is adapting to bring this relatively new crime under its remit.

Although still a marginal industry, mobile TV gambling has the potential to become a significant channel for providing EU gambling services. However, operators will have to comply with a wide array of legislation to set up these services, including gambling specific legislation, TV and mobile phone legislation. Amit Rainhartz, a senior associate at Preiskel & Co LLP, examines the issues.

A report from the Department of Justice Inspector General found that the FBI has been using its ability to issue National Security Letters, administrative subpoenas that do not require the FBI to go to court or grand jury, to obtain customer records from ISPs. Michael Vatis, a partner with Steptoe & Johnson LLP, explains that a Congressional inquiry and lawsuits could follow the DoJ's investigation, and assesses the possibility that the FBI's NSL powers could be reduced on privacy grounds.

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.

Copyright: Cembrit Blunn et al v Apex Roofing
Website Liability: Doe v MySpace
Domain Names: FA Premier League v Premier League Tickets