Of all the clauses in IT contracts, limitations of liability usually attract the most attention. This is not altogether surprising; IT systems are frequently of a ‘business critical’ nature, such that defects or defaults in performance can often give rise to significant losses, which will equally often be out of proportion to the levels of fees. Kit Burden of Barlow Lyde & Gilbert focuses on the Horace Holman case and re-evaluates its importance….
Paul Randle of Pictons reviews the cases, including the recent case of Sony v Edmunds, and the Copyright Directive. Is there enough protection in law, or is copy protection a better answer….
Read More… from Copyright Infringement in the Digital Society. Is it easier said than done?
Jeremy Warner of Biggart Baillie examines the latest developments in software licensing. He considers in particular the effect Softman v Adobe might have in influencing the relationship between the software industry and end users….
Emily Wieworka of Boyds looks at the particular problems for those seeking a Scottish domain name….
Read More… from Uniting Scottish Businesses With Their Internet Domains
What is XML? Why does it matter? Is it a techie thing’ or a tool for all?, Karen Beesley of Keep Informed assesses the effect XML might have on the way we work….
As Neil Cameron puts it ‘I had promised you, the readers, and the Editor, a follow-up to my initial review of Microsoft Windows XP. And you will get it – I promise. However, my attention has been diverted by the new Jornada 568 running Pocket Windows 2002; and so that is what you get this month. This review was entirely written in what passes for my handwriting on a Jornada 568 Pocket PC – graphics were added later.’…
John McKinlay looks at the particular issues to be considered in negotiating and advising on software development contracts in the games industry. John acts for VIS Entertainment plc, developers of the chart-topping State of Emergency game….
Mark Garnish has recently been involved in TFB’s efforts to meet demand for remote working. This article reveals something of the process involved….
Read More… from Designing a System for Remote or Offline Working
Whilst the future of the edible cookie will be assured by hungry adults, children and characters from Sesame Street, the same cannot be said for its electronic namesake. The debate surrounding the use of cookies continues to be a point of contention between business, government and civil rights movements. Garry Mackay and Mark Lomas of Bevan Ashford review the position….
Those who have dealt with a failed systems development project know that the complex legal and factual issues that arise represent a veritable ‘dripping roast’ for dispute lawyers. Coupled with the advent of the new Civil Procedure Rules in 1999, it is little wonder that dispute resolution clauses in IT contracts have become ever more prescriptive. We now often find disputes being categorised into technical, legal or commercial issues and to each is then applied an escalating range of medicines, from meetings between executives, to mediation, litigation or more and more frequently expert determination. Tim Toomey of v-lex questions this extended use of expert determination….
Read More… from Expert Determination – A Wolf in Sheep’s Clothing?