Law Society urges people to leave instructions for their digital legacy – The Guardian

Posted April 17th, 2014 in intellectual property, internet, Law Society, news, wills by tracey

‘Solicitors organisation warns that too much valuable, intellectual property is in danger of being lost when we die.’

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The Guardian, 16th April 2014

Source: www.guardian.co.uk

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Police officer sacked over Twitter account which called force bosses ‘scum’ – Daily Telegraph

Posted April 15th, 2014 in appeals, disciplinary procedures, internet, news, police, professional conduct by tracey

‘A police officer who allegedly sent more than 800 tweets criticising his force and called bosses “lower than slime” has been sacked. Tony Ryan, 33, was found to be the face behind @TheBritishCop – a Twitter account which claimed senior figures within Avon and Somerset Police treated “hard-working staff like garbage”.’

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Daily Telegraph, 14th April 2014

Source: www.telegraph.co.uk

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ICO urges app developers to respect users’ privacy – RPC Privacy Law

‘The Information Commissioner’s Office (ICO) has published guidance aimed at helping mobile app developers comply with the Data Protection Act 1998 (DPA) and ensure that the privacy of app users is protected.’

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RPC Privacy Law, 11th April 2014

Source: www.rpc.co.uk

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The Defamation Act 2013: reflections and reforms – OUP Blog

Posted April 14th, 2014 in anonymity, defamation, freedom of expression, internet, media, news by sally

‘How can a society balance both the freedom of expression, including the freedom of the press, with the individual’s right to reputation? Defamation law seeks to address precisely this delicate equation. Especially in the age of the internet, where it is possible to publish immediately and anonymously, these concerns have become even more pressing and complex. The Defamation Act 2013 has introduced some of the most important changes to this area in recent times, including the defence for honest opinion, new internet-specific reforms protecting internet publishers, and attempts to curb an industry of “libel tourism” in the U.K.’

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OUP Blog, 14th April 2014

Source: www.blog.oup.com

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Trade Marks and Internet Searches: Lush v Amazon – NIPC Law

Posted April 9th, 2014 in advertising, internet, news, trade marks by sally

‘In Cosmetic Warriors Ltd and Another v amazon.co.uk Ltd and Another [2014] EWHC 181 Mr John Baldwin QC, sitting as a judge of the High Court, had to decide whether causing advertising to appear on an Internet user’s screen for products that competed with those of the claimants whenever the user entered the claimants’ trade mark into a search box amounted to an infringement of the claimants’ mark.’

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NIPC Law, 7th April 2014

Source: www.nipclaw.blogspot.co.uk

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EU court of justice overturns law that would enable ‘snoopers’ charter’ – The Guardian

Posted April 9th, 2014 in data protection, EC law, internet, privacy, telecommunications, Uncategorized by sally

‘The European court of justice has declared the data retention directive illegal, torpedoing UK government schemes for the so-called “snooper’s charter” of wide-ranging collection of phone and internet data.’

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The Guardian, 8th April 2014

Source: www.guardian.co.uk

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UPC Telekabel Wien GmbH v Constantin Film Verleih GmbH and Another – WLR daily

Posted April 3rd, 2014 in copyright, EC law, internet, law reports by tracey

UPC Telekabel Wien GmbH v Constantin Film Verleih GmbH and Another: (Case C-314/12); [2014] WLR (D) 148

‘A person who made protected subject matter available to the public on a website without the agreement of the copyright holder, for the purpose of article 3(2) of Parliament and Council Directive 2001/29/EC, was using the services of the Internet service provider of the persons accessing that subject matter, which had to be regarded as an “intermediary” within the meaning of article 8(3) of the Directive. The fundamental rights recognised by EU law did not preclude a court injunction prohibiting an Internet service provider from allowing its customers access to a website placing protected subject matter online without the agreement of the rightholders when that injunction did not specify the measures which that access provider had to take and when that access provider could avoid incurring coercive penalties for breach of that injunction by showing that it had taken all reasonable measures, provided that (i) the measures taken did not unnecessarily deprive Internet users of the possibility of lawfully accessing the information available and (ii) that those measures had the effect of preventing unauthorised access to the protected subject matter or, at least, of making it difficult to achieve and of seriously discouraging Internet users who were using the services of the addressee of that injunction from accessing the subject-matter that had been made available to them in breach of the intellectual property right, that being a matter for the national authorities and courts to establish.’

WLR Daily, 27th March 2014

Source: www.iclr.co.uk

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Teacher sacked after calling pupils ‘feral’ on Twitter – Daily Telegraph

Posted April 3rd, 2014 in internet, news, professional conduct, teachers by tracey

‘A teacher has been sacked after she called one pupil “cowface” and labelled others “feral” on Twitter.’

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Daily Telegraph, 2nd April 2014

Source: www.telegraph.co.uk

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Government unveils massive court modernisation programme – Litigation Futures

Posted March 31st, 2014 in budgets, courts, delay, HM Courts Service, internet, news by sally

‘The government has announced an investment of up to £375m to modernise HM Courts & Tribunals Service over the second half of the decade.’

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Litigation Futures, 28th March 2014

Source: www.litigationfutures.com

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Porn sites must enforce age checks, says UK industry regulator – The Independent

Posted March 31st, 2014 in children, internet, licensing, news, pornography, statistics by sally

‘Pornography websites should require users to prove they are over the age of 18, a UK industry regulator has said.’

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The Independent, 28th March 2014

Source: www.independent.co.uk

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Cyber-bullies could be given tougher sentences – The Independent

‘The Government today backed tougher laws that could see cyber stalkers imprisoned for up for two years.’

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The Independent, 25th March 2014

Source: www.independent.co.uk

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Bedale woman fined for Le Vell trial tweet – BBC News

Posted March 20th, 2014 in anonymity, costs, fines, internet, news, sexual offences, trials, victims by tracey

‘A woman who tweeted the identity of the alleged victim in the trial of Coronation Street’s Michael Le Vell has been fined.’

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BBC News, 20th 2014

Source: www.bbc.co.uk

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Privacy groups raise complaint with ICO over cloud-stored data from hospital records – OUT-LAW.com

Posted March 19th, 2014 in data protection, hospitals, internet, medical records, news, ombudsmen, privacy by tracey

‘The UK’s Information Commissioner Office (ICO) has been asked to investigate whether privacy rules were breached when data collected from hospitals was uploaded to cloud servers operated by Google.’

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OUT-LAW.com, 18th March 2014

Source: www.out-law.com

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Facebook status used to catch Exeter benefits cheat – BBC News

Posted March 17th, 2014 in benefits, fraud, internet, news, sentencing by tracey

‘A married benefits cheat who swindled £65,000 by claiming she was a single mother was caught after investigators checked her Facebook status, Exeter Crown Court has heard.’

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BBC News, 14th March 2014

Source: www.bbc.co.uk

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Mikaeel Kular: Warren Butler sentenced for offensive Facebook posts – BBC News

‘A soldier has been called a “disgrace” for posting offensive Facebook messages over the death of a three-year-old boy. Warren Butler, 19, from Carlisle, was handed a 16-week sentence, suspended for 18 months and ordered to complete 250 hours community service.’

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BBC News, 11th March 2014

Source: www.bbc.co.uk

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Teachers need ‘clearer’ social networking rules, unions say – BBC News

‘Teachers using social media websites should receive clearer guidance, unions have said, in the wake of several high profile disciplinary cases.’

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BBC News, 12th March 2014

Source: www.bbc.co.uk

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The Section 5 Defamation Act 2013 Regulations: Cumbersome and of questionable benefit? – 5RB

Posted March 10th, 2014 in defamation, internet, news, regulations by sally

‘Much has been written on the mental gymnastics required by the Defamation (Operators of
Websites) Regulations 2013 (“the Regulations”) issued under section 5 of the Defamation
Act 2013 (“the Act”).’

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5RB, 4th March 2014

Source: www.5rb.com

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Abortion provider BPAS fined £200,000 for data breach – BBC News

Posted March 7th, 2014 in abortion, data protection, fines, internet, news, privacy by tracey

‘An abortion provider has been fined £200,000 for a data breach that revealed almost 10,000 people’s details to a hacker.’

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BBC News, 7th March 2014

Source: www.bbc.co.uk

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Food for thought: is an unauthorised photo of your restaurant meal an IP breach? – Legal Week

Posted February 19th, 2014 in consent, food, intellectual property, internet, misrepresentation, news, photography by sally

‘I do it. My friends do it. And I suspect that you’ve occasionally done it. It is what is colloquially referred to as ‘food porn’ – the salivating over restaurant menus online in preparation for a meal and then, depending on your social media connectedness, the Instagram shot of what you are about to devour.

One would think the broadcasting of delicious delicacies by diners would be welcomed by chefs and restaurateurs as free advertising of their wares. Not so. France TV Info reports that Gilles Goujon, who operates a three-starred restaurant called L’Auberge du vieux Puits in the south of France declares that such activities are not only poor etiquette (fair enough) but, when his dishes appear online, it takes away “a little bit of my intellectual property”. The BBC reports that another chef in La Madelaine-sous-Montreuil in the north of France has also inserted a ‘no camera’ provision on his menus.’

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Legal Week, 18th February 2014

Source: www.legalweek.co.uk

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Svensson and others v Retriever Sverige AB – WLR Daily

Posted February 17th, 2014 in copyright, EC law, internet, law reports by sally

Svensson and others v Retriever Sverige AB (Case C-466/12); [2014] WLR (D) 67

‘Under article 3(1) of Parliament and Council Directive 2001/29/EC of the of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, the provision on a website of hyperlinks to works freely available on another website did not constitute an “act of communication to the public”. Article 3(1) precluded a member state from giving wider protection to copyright holders by laying down that the concept of communication to the public included a wider range of activities than those referred to in the article.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

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