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 10  1 March 2010
Features:
Jurisdictions -
In R v Simon Guy Sheppard and Stephan Whittle, a UK criminal court held that where a substantial measure of the activities involved takes place in England, English courts have jurisdiction over a case, despite the web server being located outside the UK.
Cultural Products -
China's policy of importation of foreign cultural products has been the subject of a recent ruling from the World Trade Organization Appellate Body, regarding most notably on audioviusal works and publications.
Online Licensing -
In the FOTOCOM case, the Austrian Supreme Court decides that a business located outside Austria - but delivering goods to Austria - does not need an Austrian business licence to operate in the country, according to the EU country of origin principle.
ISPs -
In Roadshow Films Pty Ltd v iiNet Limited, the Federal Court of Australia ruled that an Internet Service Provider (ISP) is not liable for the copyright infringement of its customers. The ISP does not encourage infringement and only provides access to the internet.
Copyright -
In R v Gilham, the UK Court of Appeal ruled a player using a counterfeit games disk will be liable for copying a 'substantial part' of the original work, not only in the whole computer game but also in each individual drawing in the game.
Data Retention -
In European Commission v the Kingdom of Sweden, the European Court of Justice ruled that Sweden had not fulfiled its obligation to implement the Data Retention Directive and provide an adequate level of protection.
Software -
In Skype Technologies SA v Joltid Limited and others, the UK High Court ruled that only exceptional reasons can justify an exclusive jurisdiction clause chosen by contracting parties being set aside.
Text Messaging -
In Quon v Arch Wireless Operating Co.,Inc., a US federal appellate court held that an employer's informal monitoring practice overrides its formal policy, giving employees an expectation of privacy in personal text messages sent using the employer's equipment.
File Sharing -
In R v Alan Ellis, a UK Court held that the administrator of a peer-to-peer website was not guilty of fraud by infringing the rights of copyright owners.
Patents -
In the re Lewis, Ex parte re-examination proceeding, the US Patent Office confirmed the validity of 1st Technology's gambling technology patent claims, thus effectively putting an end to the reexamination of the patent.
Technology -
In BSkyB Limited v. HP Enterprise Services UK Limited (formerly Electronic Data Systems Limited), a UK Court ruled that EDS had deceitfully induced Sky into a contract for a new customer relationship management (CRM) system, while it knew it could not deliver.
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