The Danish case concerns Infopaq International, a media monitoring and analysis company. It has pretty obvious implications for the whole of the EU, even if the answers to some of the referred questions seem clear in advance of an ECJ ruling. The Højesteret may have decided to get its money’s worth. It has decided to…
EU Commission, Competition and Computers
Microsoft Although the main reporting of the massive ‘fine’ imposed by the EU Commission has been relatively sensational, the truth is that this was to a large extent the realisation of a calculation. It is not in fact a ‘fine’ in the strictest sense – or in EU parlance. It may be thought to have…
What is Personal Data?
A recording of the SCL Privacy and Data Protection Group Meeting (Webinar course code HW/SFCL14 part of the SCL online CPD scheme – 1.5 hours)…
NCC refers software companies to OFT
New NCC research claims that software rights-holders are shifting the legal burden onto consumers who buy computer programmes, leaving them, say the NCC, with less protection than when they buy a cheap biro. The OFT has been asked to examine the potentially unfair contract terms of 17 firms that NCC has identified in Whose licence is…
Blawgs: A Reader’s Guide for IT Lawyers
Laurence Eastham reviews the blogs that might help you keep informed, sharpen up your opinions or just help fill the slack working days which so many IT lawyers complain about….
The Rise of Machinima
Computer games based on films are nothing new. However, a new movement has given an interesting twist to this process. Machinima is a burgeoning new film form where films are made using 3D real-time technology. To quote the machinima Academy of Arts and Sciences,[1] machinima is: ‘the convergence of filmmaking, animation and game development….
SCL Response to Data Sharing Consultation
In December 2007, the Data Sharing Review Secretariat sought responses to a range of questions on the steps that might be taken to improve the workings of the Data Protection Act 1998 with a particular focus on data sharing. SCL’s Privacy and Data Protection Interest Group has worked on a meaningful response, with Andrew Sharpe…
Satyam v Upaid: A Short and Avoidable Case
The case of Satyam Computer Services Ltd v Upaid Systems Ltd [2008] EWHC 31 (Comm) is interesting because of implications it might have for companies in the booming Indian IT-outsourcing sector, specifically relating to intellectual property. This was not an outright IP dispute, eg on the patentability of a product or the ownership of a…
UK-IPO Change of Practice on Computer Programs
UK-IPO issued a new Practice Note on 7 February, taking account of the judgment in Astron Clinica & Ors v The Comptroller General of Patents, Designs and Trade Marks [2008] EWHC 85 (Pat). The UK-IPO press release states: In a judgment in November 2006 in the cases of Aerotel Ltd v Telco Holdings Ltd (and…
Read More… from UK-IPO Change of Practice on Computer Programs
Data Protection and CCTV
The new CCTV Code of Practice makes it clear that the data protection legislation applies to CCTV in many cases. It describes the use of sound recording as ‘highly intrusive’ and warns organisations that its use would only ever be justified in highly exceptional circumstances. The Code outlines the key issues which organisations and businesses…