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