Archive for the 'copyright' Category

Filesharing: BT and TalkTalk fail in challenge to Digital Economy Act – The Guardian

“Government plans to curb illegal filesharing received a significant boost on Wednesday, as a judicial review of the controversial Digital Economy Act failed to halt the legislation.”

Full story

The Guardian, 20th April 2011

Source: www.guardian.co.uk

Copyright law in Britain is ‘crazy’ – Daily Telegraph

“Britain needs to radically update its copyright laws, which criminalise millions of consumers who use iPods, according to a leading watchdog.”

Full story

Daily Telegraph, 19th April 2011

Source: www.telegraph.co.uk

Digital Economy Act: filesharing code delayed by six months – The Guardian

“The government’s code to clamp down on illegal filesharing will not come into force for another six months as the Digital Economy Act is held up by a high court challenge.”

Full story

The Guardian, 5th April 2011

Source: www.guardian.co.uk

Football Dataco Ltd and others v Sportradar GmbH and another – WLR Daily

Football Dataco Ltd and others v Sportradar GmbH and another [2011] EWCA Civ 330; [2011] WLR (D) 113

“There was no good arguable case of copyright infringement under article 3 of Directive 96/9/EC such as to establish that the English court had jurisdiction for the purposes of article 27 of Council Regulation (EC) No 44/2001 where, even though the collection of data might involve some intellectual creation, what was alleged to have been copied was mere data on any reasonable view.”

WLR Daily, 29th March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Digital music player ads must not encourage copying, rules ad regulator – OUT-LAW.com

“A company must change the way it advertises its digital music player because the ads encourage people to copy music in a way that breached copyright law, the advertising industry regulator has said.”

Full story

OUT-LAW.com, 31st March 2011

Source: www.out-law.com

Digital Economy Act: further delay to illegal downloading measures – The Guardian

“Plans to send thousands of warning letters to alleged illegal downloaders have been delayed until next year as the government’s embattled Digital Economy Act is held up by a high court judicial review.”

Full story

The Guardian, 28th March 2011

Source: www.guardian.co.uk

Lily Allen wins damages over Mail Online article – The Guardian

“Lily Allen has won damages from Associated Newspapers in a privacy and copyright action relating to pictures of her home published by Mail Online.”

Full story

The Guardian, 23rd March 2011

Source: www.guardian.co.uk

Filesharing curbs face high court delays – The Guardian

“Government plans to curb illegal filesharing could be delayed for at least a year as its most contentious measures are battled out in the high court.”

Full story

The Guardian, 21st March 2011

Source: www.guardian.co.uk

Digital Economy Act: ‘rushed’ anti-piracy laws delayed until 2012 – Daily Telegraph

“The Government has admitted that it cannot implement legislation to curb internet piracy until spring 2012 at the earliest, as it prepares for a legal battle in the High Court.”

Full story

Daily Telegraph, 21st March 2011

Source: www.telegraph.co.uk

Judge considers costs for ACS Law – BBC News

“Controversial law firm ACS Law returned to court on Wednesday as the cases it brought against alleged file-sharers were officially closed.”

Full story

BBC News, 16th March 2011

Source: www.bbc.co.uk

UK supreme court to rule on stormtrooper copyright – The Guardian

“This week the justices will be busying themselves with a case consisting of the heady combination of Star Wars, stormtroopers’ protective millinery, clay modelling and international copyright enforcement. These people know how to live.”

Full story

The Guardian, 8th March 2011

Source: www.guardian.co.uk

Exhibit A, m’lud, a helmet for a stormtrooper – The Independent

“Man who created stormtrooper helmets is taken to Supreme Court by George Lucas.”

Full story

The Independent, 6th March 2011

Source: www.independent.co.uk

Filesharing prosecutions will face serious problems, says judge – The Guardian

“A senior court judge has pointed to severe problems with the way the Digital Economy Act enables copyright owners to prosecute people accused of illegal filesharing.”

Full story

The Guardian, 8th February 2011

Source: www.guardian.co.uk

The tangled web of copyright law – The Guardian

“As the Meltwater case on news aggregation rumbles on, Alex Wade takes a look at the legally fraught, and commercially sensitive, world of spiders, bots and scrapers.”

Full story

The Guardian, 7th February 2011

Source: www.guardian.co.uk

Pub landlady’s EU case paves way for Premier League rights revolution – The Guardian

“The European Union’s highest court was today advised to rule that EU law does not prohibit pubs showing live Premier League matches from foreign broadcasters, potentially sparking a revolution in the way media sports rights are sold across the continent.”

Full story

The Guardian, 3rd February 2011

Source: www.guardian.co.uk

Rights holders alliance to defend Digital Economy Act – The Guardian

“A coalition of rights holders, including the Premier League and trade bodies representing the music, film and TV industries, is lining up to intervene against internet service providers in the judicial review of legislation to tackle illegal downloading.”

Full story

The Guardian, 31st January 2011

Source: www.guardian.co.uk

Government lays ISP copyright notification plans before Parliament – OUT-LAW.com

“The Government has laid before Parliament its proposal on how the controversial copyright infringement notification system proposed in last year’s Digital Economy Act (DEA) will work.”

Full story

OUT-LAW.com, 26th January 2011

Source: www.out-law.com

Net piracy gets its day in court – BBC News

“Illegal file-sharing is under the spotlight as 26 alleged net pirates appear in court but, in a bizarre twist, it is the law firm that brought the cases that appears to be on trial.”

Full story

BBC News, 25th January 2011

Source: www.bbc.co.uk

Law firm ACS: Law stops ‘chasing illegal file-sharers’ – BBC News

“A lawyer has dramatically withdrawn from pursuing alleged illegal file-sharers in the middle of a court case he brought.”

Full story

BBC News, 25th January 2011

Source: www.bbc.co.uk

Judge dismisses ACS:Law file-sharing cases – The Lawyer

“A judge has halted an attempt by copyright firm ACS:Law to secure default judgment against eight individuals accused of illegally file sharing pornographic films.”

Full story

The Lawyer, 14th December 2010

Source: www.thelawyer.com

Newspaper Licensing Agency Ltd and others v Meltwater Holding BV and others – WLR Daily

Newspaper Licensing Agency Ltd and others v Meltwater Holding BV and others [2010] EWHC 3099 (Ch); [2010] WLR (D) 303

“The end users of a commercial on-line media monitoring service who did not hold a Web End-User Licence from the publishers committed infringement of the publishers’ copyright in receiving and using the service.”

WLR Daily, 29th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

ITV Broadcasting Ltd and others v TV Catch Up Ltd – WLR Daily

ITV Broadcasting Ltd and others v TV Catch Up Ltd [2010] EWHC 3063 (Ch); [2010] WLR (D) 301

“For the purposes of s 20 of the Copyright, Designs and Patents Act 1988, there was no requirement that the mode of communication to the public of a broadcast had to itself have the characteristics of a broadcast.”

WLR Daily, 26th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

TV streaming service fails to have copyright suit thrown out – OUT-LAW.com

The activities of a television streaming website are covered by copyright law despite the fact that it is not itself a broadcaster, the High Court has ruled.

Full story

OUT-LAW.com, 29th November 2010

Source: www.out-law.com

High Court ruling means newspapers can charge businesses for their web content – Daily Telegraph

“News monitoring agencies will have to pay publishing companies to use their web content, the High Court has ruled.”

Full story

Daily Telegraph, 26th November 2010

Source: www.telegraph.co.uk

Content is ‘made available’ in jurisdiction where server is located, rules High Court – OUT-LAW.com

“A company is responsible for ‘making available’ internet-hosted material in the country where its host server is based, not in the country where the material is read or used, the High Court has said.”

Full story

OUT-LAW.com, 18th November 2010

Source: www.out-law.com

Football Dataco Ltd and others v Sportradar GmbH and another – WLR Daily

Football Dataco Ltd and others v Sportradar GmbH and another [2010] EWHC 2911 (Ch); [2010] WLR (D) 293

“The act of making available to the public all or a substantial part of the contents of a database by online transmission within the meaning of art 7(2)(b) of Parliament and Council Directive 96/9/EC on the Legal Protection of Databases was committed and committed only where the transmission took place.”

WLR Daily, 18th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BT and TalkTalk granted judicial review of Digital Economy Act – The Guardian

“BT and TalkTalk today (10 November) won the right to a judicial review of the Digital Economy Act, throwing controversial government proposals to tackle illegal filesharing into uncertainty.”

Full story

The Guardian, 10th November 2010

Source: www.guardian.co.uk

UK copyright laws to be reviewed, announces Cameron – BBC News

“Britain’s intellectual property laws are to be reviewed to ‘make them fit for the internet age,’ prime minister David Cameron has announced.”

Full story

BBC News, 4th November 2010

Source: www.bbc.co.uk

Crosstown Music Co 1, LLC v Rive Droite Music Ltd and others – WLR Daily

Crosstown Music Co 1, LLC v Rive Droite Music Ltd and others [2010] EWCA Civ 1222 ; [2010] WLR (D) 277

“An assignment of copyright which was subject to automatic reverter in the event of an unremedied notified material breach of contract prior to the expiration of the period of copyright was permitted by s 90 of the Copyright, Designs and Patents Act 1988.”

WLR Daily, 3rd November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ministry of Sound suspends filesharing action – The Guardian

“Ministry of Sound is suspending plans to send warning notices to more than 25,000 BT broadband customers suspected of illegal downloading, claiming that the internet service provider has deleted their details.”

Full story

The Guardian, 3rd November 2010

Source: www.guardian.co.uk

Peta’s use of nude models fuels row with UK film-maker – The Guardian

“The use of naked models and actresses to highlight animal cruelty is at the heart of a dispute between high-profile activists that could end in court.”

Full story

The Guardian, 24th October 2010

Source: www.guardian.co.uk

Appeal will challenge copyright protection in football fixture lists – OUT-LAW.com

“OPINION: Everyone thought the question of what rights exist in football fixture lists was settled back in 2004 when the European Court of Justice concluded that the then new database right did not protect football fixture lists. It wasn’t.”

Full story

OUT-LAW.com, 20th October 2010

Source: www.out-law.com

Government publishes open data licence – OUT-LAW.com

“The Government has published the details of a licence which allows the re-use of public and Government information on a perpetual, royalty-free basis regardless of any copyright or database rights that exist in the material.”

Full story

OUT-LAW.com, 7th October 2010

Source: www.out-law.com

ACS:Law gets more of copyright fines than rights holders – The Guardian

“ACS:Law, the controversial London-based solicitors’ firm involved in making copyright claims, keeps about 40% of the payments made by alleged filesharers, while rights holders receive between 20% and 30%, research by the Guardian has revealed.”

Full story

The Guardian, 5th October 2010

Source: www.guardian.co.uk

High court grants BT customer data delay – The Guardian

“BT has today been granted a stay of execution in its bid to challenge attempts of rights holders to obtain personal details about customers without convincing evidence of illicit file sharing.”

Full story

The Guardian, 4th October 2010

Source: www.guardian.co.uk

Lawyers vow to continue antipiracy fight – Daily Telegraph

“Law firms will continue to pursue those suspected of piracy and illegal filesharing, despite the ACS:Law data breach scandal.”

Full story

Daily Telegraph, 1st October 2010

Source: www.telegraph.co.uk

ACS:Law leak ‘shows weakness of Digital Economy Act’ – Daily Telegraph

“Internet service providers and privacy campaigners say the data breach demonstrates how difficult it will be to police the Digital Economy Act.”

Full story

Daily Telegraph, 29th September 2010

Source: www.telegraph.co.uk

Email leak being investigated at law firm that pursues filesharers – The Guardian

“The UK information commissioner is investigating the leak of thousands of emails containing personal information from the controversial solicitors’ firm ACS:Law after the company’s website came under sustained attack by online activists.”

Full story

The Guardian, 27th September 2010

Source: www.guardian.co.uk

TV format inventor fails to convince court that BBC stole his idea – OUT-LAW.com

“A man has failed in his attempt to show that his gameshow idea was copied by the BBC. A High Court judge refused to allow a full trial on the claims, calling them ‘simply unreal.’ ”

Full story

OUT-LAW.com, 8th September 2010

Source: www.out-law.com

Basis of Copyright Tribunal royalty ruling flawed, says High Court – OUT-LAW.com

“The Copyright Tribunal did not have a sound basis for the royalty rate it set in a dispute between rights holders and a music TV broadcaster, the High Court has said. The Tribunal set a new rate on spurious grounds and misunderstood evidence, it said.”

Full story

OUT-LAW.com, 12th August 2010

Source: www.out-law.com

File sharers targeted with legal action over music downloads – The Guardian

“Solicitors for dance music label Ministry of Sound have sent letters to thousands of internet users it believes have illegally downloaded music and says it is determined to take them to court – and extract substantial damages – unless they immediately pay compensation, typically around £350.”

Full story

The Guardian, 17th July 2010

Source: www.guardian.co.uk

ISPs take Digital Economy Act to the courts – OUT-LAW.com

“Two of the UK’s biggest ISPs will ask the UK courts to scrutinise the controversial Digital Economy Act to determine whether or not it conflicts with existing laws on privacy and electronic communications.”

Full story

OUT-LAW.com, 8th July 2010

Source: www.out-law.com

BT and TalkTalk challenge Digital Economy Act – BBC News

“BT and TalkTalk are seeking a judicial review of the controversial Digital Economy Act, BBC News has learned.”

Full story

BBC News, 8th July 2010

Source: www.bbc.co.uk

Digital Economy Act: Ofcom consults on blacklisting infringers – OUT-LAW.com

“Small ISPs, mobile operators and Wi-Fi providers like hotels and coffee shops will be exempt from a notification and blacklisting process under the Digital Economy Act, at least initially, according to a draft Code published by Ofcom.”

Full story

OUT-LAW.com, 1st June 2010

Source: www.out-law.com

Ofcom unveils anti-piracy policy – BBC News

“Lists of Britons who infringe copyright are to be drawn up by the UK’s biggest ISPs, under proposals from the regulator Ofcom.”

Full story

BBC News, 28th May 2010

Source: www.bbc.co.uk

Copyright exceptions must be expanded and clarified, says new group – OUT-LAW.com

“Librarians, digital activists, ISPs, music managers and other associations and trade bodies have called for the relaxing of copyright law in the EU to allow more people to access and re-use copyrighted material.”

Full story

OUT-LAW.com, 6th May 2010

Source: www.out-law.com

Football fixtures protected by copyright but not database right, says High Court – OUT-LAW.com

“Football fixture lists are protected by database copyright but not by the EU’s database right, the High Court has said. The ruling means that sporting bodies can charge users of their fixture lists licence fees.”

Full story

OUT-LAW.com, 30th April 2010

Source: www.out-law.com

Football Dataco Ltd and others v Brittens Pools Ltd; Same v Yahoo! UK Ltd; Same v Stan James (Abingdon ) Ltd and others – WLR Daily

Football Dataco Ltd and others v Brittens Pools Ltd; Same v Yahoo! UK Ltd; Same v Stan James (Abingdon ) Ltd and others [2010] EWHC 841 (Ch); [2010] WLR (D) 104

“The selection or arrangement required by art 3(1) of the European Parliament and Council Directive 96/9/EC on the legal protection of databases was not confined to selection or arrangement performed after the data in a database was finally created.”

WLR Daily, 26th April 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Digital Economy Act: This means war – The Guardian

“With the rushed passage into law of the Digital Economy Act this month, the fight over copyright enters a new phase. Previous to this, most copyfighters operated under the rubric that a negotiated peace was possible between the thrashing entertainment giants and civil society.”

Full story

The Guardian, 16th April 2010

Source: www.guardian.co.uk

Digital Economy Act 2010

Digital Economy Act 2010 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Talk Talk restates pledge to go to court over Digital Economy Act measures – OUT-LAW.com

“Telco Talk Talk has restated its pledge to take music and film companies to court if they try to use parts of the just-passed Digital Economy Act. It said it will not hand over any customer details without a court order.”

Full story

OUT-LAW.com, 9th April 2010

Source: www.out-law.com

Digital Economy bill faces further scrutiny – BBC News

“Controversial elements of the Digital Economy Bill will face further scrutiny even if the bill is passed later, Commons Leader Harriet Harman has said.”

Full story

BBC News, 6th April 2010

Source: www.bbc.co.uk

Q&A: The Digital Economy bill – BBC News

“The Digital Economy Bill is due for its second reading in the House of Commons and could become law during the wash-up period, which sees outstanding legislation rushed through before a general election.”

Full story

BBC News, 6th April 2010

Source: www.bbc.co.uk

Call for ‘fuller’ debate on Digital Economy Bill – BBC News

“Opponents of the controversial Digital Economy Bill have urged MPs to give it ‘the debate it deserves’ when it is discussed in the Commons later.”

Full story

BBC News, 6th April 2010

Source: www.bbc.co.uk

Why the Newzbin ruling helps web hosts – OUT-LAW.com

“OPINION: ISPs, indexing services and other online service providers will rest a little easier this week after a High Court ruling yesterday that gave much-needed clarity to UK copyright law.”

Full story

OUT-LAW.com, 30th March 2010

Source: www.out-law.com


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