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4 6 December 2004


Features:

  • Contract - In Apple Corps Ltd v Apple Computer Inc, Judge finds there is no conceptual barrier to the notion of a contract being made in two places at once.
  • Privacy - In Commission v Austria, Austrian government’s argument that itemised billing would infringe data protection legislation is rejected
  • Privilege - In Three Rivers District Council and others v Governor and Company of the Bank of England, House of Lords clarifies the ambit of legal advice privilege in English law, rejecting Court of Appeal’s narrow interpretation
  • Copyright - US courts confirm simple rules for digital sampling of music in Newton v Diamond and Bridgeport Music v Dimension Films.
  • Premium Services - Rogue internet dialler scams stamped on by ICSTIS
  • Competition - The French Competition Council finds that Apple has not abused a dominant position in refusing to licence its digital rights management software for its iPod to a competitor.
  • Distance Selling - An Attorneys General of the European Court of Justice has opined that easyCar’s car hire services are not “contracts for the provision of...transport services” under Directive 97/7/EC (the Distance Selling Directive) and are therefore not exempt from the cancellation and information provisions.
  • Data Protection - Johnson v MDU [2004] EWHC 2509 (Ch) 9 November 2004. High Court rules on disclosure in data protection claim
  • Distance Selling - Right of cancellation of agreements entered into on auctions on the internet on eBay.de
  • US Copyright - In Kahle v Ashcroft 2004 US Dist. Lexis 24090. Constitutionality of Copyright Statutes upheld
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