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 4  3 August 2004
Features:
Privacy -
In United States of America v Bradford C Councilman, the United States Court of Appeals for the First Circuit holds that emails in electronic storage on the Defendant’s system could not be “intercepted” within the meaning of the Wiretap Act.
Copyright -
In Cyprotex Discovery Limited v University of Sheffield [2004] EWCA Civ 380, the Court of Appeal has ruled in favour of Sheffield University in its dispute with research company Cyprotex over copyright in jointly developed software.
Advertising -
In Case C-262/02 Commission of the European Communities v France & Case C-429/02 Bacardi France v Télévision Française TF1 and others, the European Court of Justice has ruled that the controversial ban in France on the television advertising of alcoholic drinks.
ISPs -
In SCAMP of Canada v Canadian Association of Internet Providers, the Supreme Court of Canada held that ISPs do not infringe copyright simply by providing the means of telecommunication by which another party communicates (i.e. downloads) a work.
Privacy -
In the European Court of Human Rights case of von Hannover v Germany, the law on privacy has arguably been extended after Princess Caroline of Monaco won her case for infringement of Article 8 of the European Convention of Human Rights.
Jurisdiction -
In Don King v Lennox Lewis & others, Don King was entitled to bring a libel claim against Lennox Lewis in the UK in respect of articles posted on US websites.
Contract -
In Union Fédérale des Consommateurs v AOL France, 31 clauses in the standard contractual terms used by AOL’s French subsidiary in its online subscriber contract were held to be illegal by a French court.
Licensing -
In re Corsi: the Italian Supreme Court judgement following Gambelli amounts to a setback for offshore players as the Court reasons that Italian gambling restrictions are not contrary to EU law.
Gambling -
A German District Court gives the first ruling on the General Public Licence in Germany in Harald Welte v Sitecom Deutschland GmbH.
Advertising -
The German Supreme Court of Justice, 1st Division for Civil Matters, in case File- no I ZR 284/01, 17 June 2004, finds comparative advertising by T-Online misleading and in breach of Article 3 of the German Act against Unfair Trade.
Trade marks -
Court of First Instance refuses protection for advertising slogan on the basis that it would be perceived first and foremost as an advertising slogan, and not as a trade mark
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