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 5  5 November 2005
Features:
Introduction: ‘DOS’: reform required
Denial of Service -
In R v Lennon, the judge draws no distinction between a single email and bulk correspondence in an alleged denial-of-service attack, highlighting deficiencies in the Computer Misuse Act.
Copyright -
In Stevens v Kabushiki Kaisha Sony Computer Entertainment, the High Court of Australia rules that the sale and fitting of ‘mod chips’ for the Sony ‘Playstation’ games console does not breach Australian copyright law.
Insurance -
In Tektrol Ltd v International Insurance Company Ltd, the Court of Appeal finds that the use of the word “loss” in the insurance policy is sufficiently broad to cover the electronic loss suffered by Tektrol.
First Amendment -
In Sarl Louis Feraud International v Viewfinder, a U.S. District Court refuses to enforce the judgment of a French court on the grounds that it violates the public policy of the forum state under the First Amendment.
Fraud -
In R v Daniel Levi & Others (2005), the Court finds a gang guilty of conspiring to defraud eBay customers, following a major phishing scam.
Software Licensing -
In Clearsprings Management Limited v (1) Businesslinx Limited (2) Mark Hargreaves, the Court rejects claims by CML that it had an exclusive licence in the disputed computer system and the right to sub-license the system to third parties.
Copyright -
In Davidson & Associates v Jung, 2005, the U.S. Court of Appeals finds the defendants liable for breach of the end-user software licence agreements and for violation of the Digital Millenium Copyright Act’s anti-circumvention and anti-trafficking provisions.
Domain Names -
In William H. Cosby, Jr. v SterlingDavenport.com, a WIPO panellist orders the transfer of the ‘fatalbert.org’ domain name to U.S. comedian, Bill Cosby.
Remote Gambling -
In De Lotto v Ladbrokes and De Lotto v Betfair, the Dutch courts rule on alleged violations of state gambling laws by foreign operators.
Sports Betting -
In B v R (1054/01), the German Constitutional Court’s oral hearing questions the constitutionality of the current Bavarian gambling law on which the state monopoly is based.
Digital TV -
In Mediakabel BV v Commissariaat voor de Media, the European Court of Justice issues a preliminary ruling on a ‘Near Video on Demand’ service and its application to the TVwF Directive.
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