The ECJ has ruled on a reference from a court in the Czech Republic on the question of whether the notion of ‘expression in any form of a computer program’ includes a program’s graphic user interface and on a related issue on the broadcasting of the image of an interface and copyright….
Seen with increasing frequency in IT contract disputes, but still too often left in the wings, expert determination has the potential to play a major role in the resolution of IT-related disputes. David Blunt QC and Richard Osborne bring it into the full glare of the spotlight….
Read More… from Back to Basics: Dispute Resolution by Expert Determination
Beware the ill-considered tweet. Judges can read….
Here is the fourth course in the predictions banquet. There are predictions from Chris Dale, Monica Horten and Mark Turner. Since I dare not allocate anyone to the cheese course, let’s call this coffee and mints or, given the season and the substantial fare that is still on offer, coffee and mince pies….
The Court of Appeal has upheld a finding of copyright infringement for use of photographs on a web site where the web site owner had a limited licence. Susan Barty, Tom Scourfield and Tom Reid report on the case and highlight the dangers inherent in old licences….
In a decision as remarkable for its amusement value as for its value as a precedent in law, the General Court has ordered the Commission to pay Systran liquidated damages of over €12 million…
Read More… from Software Copyright Infringement by the EU Commission
The European Commission’s announcement on 30 November of a formal investigation into Google’s search engine services provides a reminder that competition law is a key tool used (and arguably abused) in IT businesses’ battle for competitive advantage. Gustaf Duhs and Jowanna Conboye provide a high-level review of recent developments in the IT sector in relation to abuse of dominance issues and speculate where the law might be heading. The article sets out some key issues that IT practitioners (and businesses) should bear in mind in relation to this issue and includes a summary of competition decisions in Europe from Microsoft onwards, under various key themes and by decision date….
The Office of Fair Trading has tackled fake online auction bids and the failure of bloggers to disclose promotional mentions…
A sweet and creamy dessert course for the predictions banquet – predictions from Bill Jones, Jane Seager, Peter Birley, Andrew Tibber and Tracey Stretton….
Robert Buchan and Shaun Gibson highlight key differences in procedures and remedies in an article aimed at enlightening the English (and Welsh) lawyer about IT litigation and dispute resolution in Scotland….
Read More… from The Scottish Alternative for IT Dispute Resolution