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
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….
Are you paralysed with anxiety when faced with electronic evidence issues? Do you give into temptation and just bring in an expert and stop thinking about it? Jan Collie focuses on the practical and suggests a more mature approach for lawyers to take….
Reflections on the recent Kroll Ontrack survey and the lack of fear of sanctions among the unprepared…
The Court of Appeal has published the latest in a long line of judgments that affect the database right and copyright in football fixtures etc…
Read More… from Football Dataco Ltd v Yahoo: Court of Appeal Judgment Published
Advocate General Jääskinen considers that eBay is generally not liable for trade mark infringements committed by its users on its electronic marketplace. However, if eBay has been notified of the infringing use of a trade mark, and the same user continues or repeats that infringement, eBay may be held liable for it….
In a volume litigation claim in the Patents County Court, where ACS Law were acting for the claimants, applications for default judgment against unnamed defendants have been refused. Light, and doubt, have been cast on the basis of claim insofar as it rests on ‘allowing infringement’….
Read More… from File-sharing: ‘Allowing Infringement’ and Default Judgment
Scottish Society for Computers and Law Chairman, Iain G. Mitchell QC has been appointed as the next United Kingdom representative on the IT Committee of the Bars and Law Societies of Europe for a period of three years….
Read More… from Iain G Mitchell QC appointed to Leading Role at CCBE