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 3  6 May 2004
Features:
Copyright -
In CRIA v John Doe, the Federal Court of Canada has held that there was no evidence of copyright infringement by file-sharers who copied and made available for copying their personal music files over P2P file-sharing systems.
Sports rights -
The OFT has concluded its investigation into the Attheraces agreement and held that, while collective selling may be allowed under the Competition Act 1998, the necessary conditions for exemption were not met in this case.
Spam -
In Belgium, the first opt-in spam case, 6myk c. Web-Age, holds that marketing companies can send one final email under the former opt-out system to persons listed on their database to solicit consent.
Database Rights -
In Morris Communications Corp v PGA Tour Inc the US Court of Appeals Eleventh Circuit has decided in PGA’s favour in the face of a challenge for free access to real time golf scores.
Trade Secrets -
In DVD Copy Control Assoc., Inc. v. Bunner, the California Court of Appeal found that an injunction prohibiting the posting, otherwise disclosing or distributing a DVD copying software programme was an unlawful prior restraint of Bunner’s right to free speech.
Data Protection -
Johnson v Medical Defence Union Ltd, concerning the question of compliance with a subject access request, is the first decision made in the light of Durant v Financial Services Authority
Patents -
In ACTV, INC. and Others -v- The Walt Disney Company and Others, the United States Court of Appeal for the Federal Circuit provides valuable guidance on the extent to which the term URL needs to be defined in an Internet-based patent application.
Trademarks -
The Court of Appeal has confirmed, in Inter Lotto (UK) Ltd v Camelot Group Plc, that the Trade Marks Act specifically preserves the law of passing off.
VoIP -
In the US, the Federal Communications Commission has declared that pulver.com’s Free World Dial-Up service is an information service subject to federal jurisdiction.
E-Marketing -
The EU Working Party on E-Marketing has adopted an Opinion on unsolicited communications for marketing purposes under Article 13 of Directive 2002/58/EC.
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