9 10 October 2007

News:

Facebook has agreed to respond to user concerns about nudity, pornography, harassment or unwelcome content targeting minors within 24 hours of notification, and will pay for an Independent Safety and Security Examiner (ISSE), approved by the New York Attorney General, to report on complaint handling for two years.

E-Commerce Law & Policy is organising a full-day briefing to help businesses understand the legal issues surrounding the opportunities and challenges of developing web technologies.

YouTube has announced the launch of content filtering technology designed to clamp down on illegal video sharing, allowing copyright holders to control the use of their content.

Features:

In pushing for social networks to verify the age of their users, US Attorneys General are attempting to tackle the problem that web 2.0 sites are being used by predators to target vulnerable people online. However, there is a danger of overreach by politicians, keen to show that they are tough on online predators.

ISPs have exemptions under new religious hatred Regulations
Blyk launches first advertising-funded mobile network in UK
Domain names ­ good news for owners of generic names?
Dates for Your Diary

Web 2.0, while now associated with all manner of different websites and online applications, generally refers to an overhaul of the way people use the internet, with the emphasis very much on user-defined content. In terms of creating this content, the most prominent example has been the supersonic growth in social networking ­ according to Wikipedia, there are approximately 100 notable social networking websites, some with several million global users. Many forward-thinking companies have already spotted the advantages to be gleaned from maintaining a presence on these sites, in terms of encouraging internal or staff/client interaction, promoting the business, or even performing background checks on potential or current employees.

The recent European Court of First Instance's ruling to uphold the European Commission's decision that Microsoft had breached EU competition laws not only represents the end of a nine-year battle between the global software giant and the EU's competition watchdog, but also represents a wake-up call for potentially dominant companies operating in the EU. It will also bolster the Commission's confidence in tackling such companies in future actions. Becket McGrath, Partner, and Thomas Heide, Senior Associate at Berwin Leighton Paisner LLP examine the ruling and its implications.

The US government has, to date, refused to enshrine 'net neutrality ' principles - that all internet content should receive equal priority in terms of delivery to the user - into law. Catherine Stromdale, a solicitor with Wragge & Co LLP, examines the Department of Justice's reasoning and the global challenges that the emergence of a 'two-tier' internet would involve, especially as internet delivery moves towards high-definition content.

American Airlines' recent complaint against Google that its 'Adwords' service violates trademark rights is the latest in a series of claims by trademark owners against Google. Generally, litigants have been more successful in actions against Google in France than they have done in the US, mainly due to French competition law provisions. In this article, Louise Campbell and Paul Graham of Dundas & Wilson LLP look at US and French developments and speculate on the outcome of a case should it arise in the UK.

The extradition and subsequent conviction of Hew Griffiths, an Australian citizen, by a United States Court for conspiracy to commit copyright infringement has focussed attention on Australian copyright laws and their application online. The Copyright Amendment Act sought to create a tougher regime for dealing with copyright pirates, while creating a fairer deal for consumers. Paul Norris and Hayden Delaney, of Hopgood Ganim Lawyers, assess whether the new regulations have struck an appropriate balance between these two aims.

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.

Contracts: Douglas v US District Court
Trademarks: Application no. 2277746C
Theft: Kahle v Litton