Information Technology Law Articles

A look at the law that applies to contracts entered into via email and specifically the case of Graeme Grant v. Russell Bragg [2009]

The BBC reported this week that Next were in breach of the statutory right to return as enshrined in the Distance Selling Regulations.

First point of call is the introduction of the the E-commerce Directive. Directive 2000/31/EC of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market. The United Kingdom implemented the E-commerce Directive by the Electronic Commerce (EC Directive) Regulations 2002

According to a draft code published by Ofcom small ISPs, some Wi-Fi providers and mobile operators will be exempt from the notification and blacklisting process under the Digital Economy Act.

ICANN the body that controls the .com and top level domains announced this week that it will begin the process of registering .xxx by making checks on ICM Registry, the company that wants to run the domain and sell registrations

The Advertising Standards Agency has released a report which may have implications for companies wishing to complain about other ads. For one it may cost them!

Fibrecity rolls out broadband through Bournemouth's sewers.

This article takes a look at cloud computing and the security risks of the same.

Unsurprisingly in what seems to be the first case of its kind. A man has been charged with bidding on his own reputation on ebay amongst things!

A description of the main rights available to users of social networking sites.

Escrow is all about provided security and confidence to both the seller and the buyer.

The best way in which a website, particularly a social networking site, can communicate its policy on privacy is via a privacy policy, but the rule of thumb when drafting such a policy is: keep it simple.

A discussion of Regulation 19 of the Electronic Commerce (EC Directive) Regulations 2002 (SI 2002/2013).

A discussion about the extent to which a social networking provider is responsible for user information.

This article will discuss the relevance and application of the law of passing off and registered trade marks in the context of e-commerce.

This article describes the definition of the data base right; its duration and ownership.

This article takes a look at domain names and copyright for websites.

What shall I do if someone has written something false about me on the internet?

This article details some typical terms in software licences.

It has been announced that Nominet, the body that deal with .uk domain names, will soon be making short and previously prohibited domain names available.

While the courts will be reluctant to do so they will imply and infer a term of a contract as the parties must have intended the term to govern their relationship and in particular the courts have been prepared to imply a term which requires the co-operation of both parties to ensure the effect to the contract is reached and allow the parties to perform their obligations as intended at the outset.

The Information Commissioner is the government body responsible for data protection in this country. It has powers to fine organisations found to have committed serious data protection breaches fines up to GBP 500,000. However an interesting read in draft Code of Practice indicates that it will not fine those companies who have discovered breaches gathered in an audit.

This article discusses copyright subsistence in open source software.

Court held that the defendant, who had falsely represented to the claimants as to the amount of time required in order to complete the work are liable in deceit.

Customer data in this context means data relating to living individuals who can be identified from that data, for example, the person's name, address or job title.

Glasgow's Southern General Hospital put pictures of operations on patients.

Nominet disconnects over 1200 websites based only on police claims alone.

Alan Ellis owner of Oink music sharing website did not commit a fraud.

ISPs could be exempt from speech hate charges under the Electronic Commerce Directive.

Mian Mian is planning on issuing a claim against Google for copyright infringement.

McAfee Labs predicts that cybercriminals are likely to be increasing their offensive against social-networking sites in 2010.

Nokia and Apple are in a 'who owns who whose patent dispute'.

This case shows the importance in providing who owns the IP under software development agreements

A new CCTV regulator will advise the government on all matters relating to CCTV.

Facebook have filed a claim against three men accused of phishing.

Apple agrees to make its terms and conditions more clear and legible for its customers.

Three's broadband customers allowed to cancel their contracts.

The latest from the OFT it to beware of fake lottery scams.

Here is the latest update concerning website caching.

Here is the latest nauseating display of data protection to hit the headlines concerning phone giant, T-Mobile .

The Distance Selling Regulations are some of the most important regulations to consider when selling online.

The value of a domain name will much depend on how much someone is prepared to pay for it.

At last the questions referred to the ECJ in the Interflora case have been released.

In this article we ask can ISPs help themselves?

Sometimes a party giving a warranty will try to seek to limit that warranty to matters which are within its knowledge.

This article details some general guidance as to what you should consider when thinking about offering links on your website to a third party

Police are required to store old convictions says Court of Appeal.

The European Commission announces that it will be look at Microsoft’s competition compliance.

This article takes a look at the recent study complied by the European Commission on tackling spam.

The HMRC is to investegate ISPs who move their place of business to escape VAT.

Microsoft Windows Live Hotmail email accounts are the latest to fall foul to the latest bout of phishing.

Apple has sought to challenge Woolworths' logo as it looks like an apple.

This article takes a look at the surrounding debate between music artists and file-sharers; should the latter have their internet access cut off?

This article takes a look at the Sale of Goods Acts and the Distance Selling Regulations.

A slow loading website can have a detrimental effect on sales study shows.

Disney have been successful in their action against various cyber-squatters - see inside for more details.

A study has shown that over half of online electronic retailers are breaching EU consumer rules - find out what we can do for you inside.

Google have been granted a design patent for their homepage.

CCTV images of suspected shoplifters are being published on the internet but what are the legal implications of this.

Domain names are very powerful assets but what is the most expensive domain name?

There are a number of factors which, put together, will help you ascertain the value of your domain name, this article discusses those factors.

This article takes a look at the data protection and modular asset service that is offered by Dell to small and medium Indian Businesses

Cloud computing and its dangerous side - are we at a greater risk from hackers?

IT updates: in this article we take a look at the legal implications which businesses should be thinking about in respect of cloud computing.

The buzz word in the IT world has to be ‘Cloud Computing’, but what is it? This article details all the precautions that businesses should be thinking about so as to prevent a storm from brewing in your clouds.

Breaking IT news - Google Street view is band by the Swiss as people and various number plates were still visible

A US District Court judge has ordered Microsoft to stop selling word

A US patent has been granted for a particular type of podcast - this could affect itunes and other media providers this has also been met with disapproval from the computing community.

The European Union Commission will investigate plans by Google to make millions of books available online after Germany claimed that Google Books breaches EU copyright law

Google wins UK court battle over search content published on it's website.

A possible takeover of T-Mobile by Vodafone, has created considerable debate - we have the details inside.

In operating a blacklist of some 3,000 construction workers Ian Kerr has been fined 5000 pounds by the ICO

Cloud computing is coming in to fashion and everyone is talking about it. Lots of service providers are coming forward with their offerings. Is it the right time to take this up?

This article discusses the question: how do you protect yourself when using Cloud Computing?

This article takes a look at the recent proposals in relation to the gTLD's

This article discusses the elements of a contract

This article outlines the minimum amount of information which is required to be displayed on your website if you are selling goods or services online.

This article addresses the relevant laws and regulations which an online business must comply with when selling goods and or services both in the online and off line contexts.

A discussion and note on the Data Protection Act 1998.

This article discusses the IR35 contract review, tax advice and what Power Accountax Ltd can do for your business.

Here is a short note on the recent battle on counterfeit goods with eBay.

A short note on the Data Protection Act.

This article explains that Lawdit provides software and data escrow services and solutions and have become one of the biggest software/ data escrow service providers in Europe.

A brief look at the European Community law on Database rights

This article briefly illustrates the importance of a good data protection policy with reference to the Data Protection Act 1998.

This article addresses the problems that can arise in relation to pricing errors with a particular focus on dot-com business. This article also illustrates that it is imperative to have well drafted terms and conditions.

The Court of Appeal has held that the Unfair Terms in Consumer Contracts Regulations, apply to existing as well as future contracts under challenge

This article illustrates the expansion to the law bought by the recent Data Retention Directive which came into force on the 6th April 2009, with particular reference to the details which an Internet Service Provider can keep and for how long - does this erode privacy?

A look at the importance of avoiding ambiguity in Contracts and specifically the case of Anglo Continental Education Group (GB) Ltd v. Capital Homes (Southern) Ltd [2009] EWCA Civ 218

Ms Nicole Wong of Google calls for international regulation on internet freedom

Google Italy have been sued in Piedmont for the hosting of a mobile phone video showing the bullying by 4 youths of a Downs syndrome fellow classmate

A good overview of terms that are often used in Internet Contracts

A look at the world of online retail and which jusrisdiction to sue under

A look at recent cases and how the various statute laws have been interepreted, including the Regulation of Investigatory Powers Act 2000, the Data Protection Act 1998, Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000, and the Human Rights Act 1998 which incorporates, to a large extent, the provisions of the European Convention on Human Rights.

Escrow agreements are of great value to the licensees of bespoke software amongst others. Be sure that you know what to do if you commission a piece of software

If you are considering entering into a Contract relating to the Internet, then you must read this first!

Escrow agreements are of great value to the licensees of bespoke software amongst others. Be sure that you know what to do if you commission a piece of software

Escrow agreements are of great value to the licensees of bespoke software amongst others. Be sure that you know what to do if you commission a piece of software

One of our clients failed to implement an escrow agreement and as a result disaster ensued.

A brief look at what can be classified as Personal Data

Exciting inventions predicted by the New Scientist magazine for the year 2039!

Facebook paid up a very large fee last year to the founder's former room-mates who claim their ideas were stolen. Unfortunately the claimants' law firm released the figure Facebook settled the case with

Cookies and whether you can use them, and if so, how you can cover yourself. Overview of cookies not considering the Data Protection Act 1998.

Cookies are the little pieces of software that track your progress on a computer. They have Data Protection consequences, including under the Data Protection Act 1998, considered here. Google has been in some hot water over their use of cookies. The headline of this article is set your computer up to destroy cookikes at the end of each session on the internet.

This article looks at what software database and website escrow is and questions whether or not a business has a need for it.

This articles looks at the minimum information a website owner should provide on its website

“Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data” how come we use companies in India to process data?

Apple has made an announcement regarding DRM or Digital Rights Management, the system it uses to prevent digital music purchasers being free with their downloads

This article looks as confidentiality and the law of confidence.

An historic change to the way Government can deal with our personal information stored on its databases is buried deep in the Coroners and Justice Bill

This article looks at outsourcing and what the Data Protection Act 1998 requires

YouTube, owned by Google, has begun muting music that is copyrighted. A home video that has copyrighted music over the top may now be muted.

Although not legal news... Recent US study shows that using a Search Engine, such as Google, produces as much CO2 equivalent to boiling a kettle for a cup of tea.

In an Australian court Facebook has been allowed as a tool to serve court papers for eviction.

The fine line that the internet walks between the republication of snippets and copyright infringement of the same

An overview of one of the most famous online copyright pirates

A bit like the Buy-it-Now facility on eBay except it is free, coders have produced a Firefox add-on for Amazon that directs you to Pirate Bay

UFO hunting British hacker Gary McKinnon hacked into US computers and has been facing extradition to the US since 2002

Scammers and what they do is becoming more attractive to the vulnerable as times become harder for many

Hackers are learning new tricks from the world of commerce

In California Facebook win a large court case against a Canadian accused of sending over 4 million junk emails

Administrators and their role in insolvency matters

Recent case law on a domain name claimed by a large organisation

Step two of the overview of the process of domain name action regarding domain name registrations that are problematic

First in a series examining website addresses or what are commonly known as domain names

Administrative Receivers, powers, roles, duties.

An overview on insolvency rules for companies

If you own a website and if you sell goods or services through the site it is important that you ensure that the website is legally compliant.

How do you deal with defamation over the internet.

The 8 data protection principles under the Data Protection Act 1988 are laid down principally in Schedule 1 of the Data Protection Act 1988. This article considers these principles.

The ECJ has made an interesting decision in the world of e-commerce and has and has ruled that additional details must be listed on websites.

The value of a domain name will much depend on how much someone is prepared to pay for it.

Viral marketing without acknowledging your interest is unfair advertising.

Defamation on the internet and how English law is taming the Wild West of the Information Age.

IT contracts exist in a world of changing deadlines, changing requirements and changing subject matter.

With the Internet growing larger and having become the market place to the world the issue of Defamation has never been more topical.

This article looks at how copyright is infringed

Nearly all businesses suffer bad debt. This is where the business is owed money for services or goods rendered.

Comparative advertising is the term used to describe advertisements where the goods or services of one trader are compared to the goods or services of another trader.

Over 20,000 letters have been sent to thousands of individuals but are they guilty of any infringment? Probably not

We are seeing more and more requests from individuals as to the legalities of selling your house based on a prize draw or lottery.

Intellectual Property experts from the business, legal and product development worlds will gather in Atlanta October 28-29 to discuss the latest best practices and ideas at the Second Annual Corporate Intellectual Property Institute at the Georgia State University Student Center.

The Freedom of Information Act 2000 came into force in full on 1 January 2005, and it essentially gives any person or entity access to any information held by public authorities, enabling the public to participate in the discussion of policy issue

The largest ISP in the world 1&1 Internet was shocked to receive a Court Order from Franklin Circuit Court of the Commonwealth of Kentucky ordering them to immediately transfer 5 gambling domain names

Social networking behemoth MySpace have stepped into the competitive market that is online music downloads.

The change made this year in Google's policy towards the use of Keywords does not look like changing anytime soon

Part III: Practical points for website owners and trade mark owners

Metatag Keywords and Caselaw

It is safe to say that one of the first aspects of business that a fledgling company or trader considers is the domain name. In particular if that domain name is available and with which suffixes.

The video website YouTube is to ban videos from the UK that glorify violence and are aimed at being intimidatory.

This article looks at why you need terms and conditions on your website.

Following a string of high profile bands releasing their albums for free download is the rock group Marillion.

If you are starting you own website you may be wondering what legal notices you need to include

Having launched their own internet browser to rival Microsoft's Internet Explorer, Google have now changed their user agreement for 'Chrome'.

Once parties have reached a settlement, that is, an offer to settle has been accepted or the parties have agreed to settle on certain terms, there are a several ways in which the settlement can be concluded and documented.

Agreements reached in mediation are enforceable as contracts if the requirements for a valid contract are satisfied. This means that parties following mediation will seek to formalise the terms of mediation as a contract.

The object of this note is to help you consider and prepare to give evidence.

The European Commission is planning to implement a new European Directive to regulate broadcasting on the Internet

The e-Commerce Directive is a set of rules or principals that all online businesses must adhere too.

Reports are rife that the computer game industry has had enough with illegal downloads.

ICANN has announced that it proposes to settle disputes over who wins the rights to new top level domains by auction.

The saga surrounding the peer to peer link sharing site The Pirate Bay has continued with Italian authorities attempting to block access to it.

Fraudsters can clone the ‘Fakeproof’ e-passport within minutes.

Apple's online store has retained its number one position as the music retailer in the US for the first half of 2008, according to NPD market research.

The High Court has ruled that defamation on internet bulletin boards is akin to slander rather than libel.

A parliamentary committee looking into user generated content on websites has advised that such sites should do more to screen the content.

The creators of Scrabulous; the hit Facebook game based upon the board game Scrabble; have renamed the game, changed the look and some of the rules. This interesting turn of events appears to be their attempt to beat the legal suit from the makers of Scrabble Hasbro.

An age old question but something that keeps on arising- who owns the copyright and other Intellectual Property rights in Software?

Facebook the popular social networking site was in the news for other reasons this month when a company boss was awarded 22,000 UKP in damages over fake entries posted on the site. I know of no other successful defamation and privacy law case involving a social networking site. The problem stems from a false profile of Matthew Firscht created in June last year by Grant Raphael. Mr Raphael stupidly alleged he was signed up to gay groups and had lied to avoid paying loans.

If you are considering sending out unsolicted marketing blurb to potential customers you need to ask yourself the following questions. Has the person opted out of you sending the material. If so then you must not send anything out. A customer can opt-out at any time, even if you have already contacted them.

In the UK the collection and use of personal data is governed by the Data Protection Act 1998 (DPA), the act and its accompanying legislation came into force on 01 March 2000. The DPA was implemented in order to satisfy the EC Directive on the protection of individuals with regards to the processing of personal data and the free movement of such data (95/46/EEC) and it replaced the previous Data Protection Act of 1984.

Click-wrap agreements originate from software licensing and shrink-wrap agreements, this article examines their enforceability.

With computers now such an integral part of society computer related crimes are inevitable and will evolve as quickly as the technology itself. The most well known form of computer crime is known as "hacking" basically this involves unauthorised access to a computer. This article considers the law surrounding such computer misuse and whether technology or legislation are the best ways to tackle it.

A ruling from a New York court had massive implications for millions of internet users. Google which owns You Tube allows users to browse videos and other content on You Tube for free.

Nominet released details of amendments to its dispute resolution service policy, known as the DRS, which will take effect from 29 July 2008. Its aim is to save complainant's time and money in undefended DRS cases.

We often are asked by ISPs ( ie operators of a network of interconnected computers, which allow information to be stored, accessed and transferred by internet users via the worldwide web, usenet and e-mail) as to how we can help advise them in avoiding liability for internet defamation.

Trading Standards bodies in Wales have investigated the sale of age restricted items online.

Let the battle commence. Virgin Media this week has sent letters of warning to its customers saying that the BPI has evidence of illegal file sharing from their accounts.

Nominet has ruled that the myspace.co.uk domain; registered by Total Web Solutions before the existence of the social networking behemoth that is MySpace; does not have to be turned over to MySpace Inc.

Myspace has won a massive $230m (around 118m UK Pounds) legal judgement against the so called 'spam king'.

We are often asked how should my website terms be drafted

The simplest and most effective method of protecting your domain name is to register a trade mark

On 25 June 2008 Nominet will be replacing the current registrant transfer process with a paperless online version.

A major problem surrounding domain names is the activity known as cyber-squatting. This began almost as soon as the internet took off as a commercial entity, individuals and organisations that had no rights in a particular well known trade name would register appropriate domain names compromising of the trade name before the legitimate owner could do so.

It is reported that for the first time in three years the amount of pirated business software on UK computers has fallen.

The simplest and most effective method of protecting your domain name is to register a trade mark

Another company has claimed that Apple infringed on a patent through components found in the iPod media player.

A man from Flintshire, Gavin Brent, has been charged around UKP360 by magistrates on top of a UKP150 fine for writing an 'offensive' message on the internet.

an age old question but something that kepps on arising.

If you are an ISP one major concern is their liability for internet defamation. We advise you to adopt a suitable procedures and make sure that contracts are reviewed to ensure that both sides of the argument are protected.

There is much anticipation surrounding Google's new policy as to when someone will challenge it

Google AdWords is a common problem. By bidding on the trade marks of others website owners can (and with intent) mislead the consumer to its site

Network Solutions is looking into a way of holding domain names for a person who has searched for that domain name's availability.

Google AdWords UK has modified its trademark guidelines for the UK and Ireland, aligning it with the U.S. policy.

This article looks at how you should structure your contract formation for online transactions.

We reported last week of digital technology company Phorms' new technology that matches internet users history with targetted advertisements

Ofcom has published the results on a project the first of its kind which details the social and communications aspects of social-networking websites. In particular it sought to investigate privacy and safety issues.

The digital technology company, Phorm, is currently working with major internet service providers (the likes of BT and Virgin Media) in order to create and develop a new kind of advertising service.

Some of the UK's biggest retailers have been found to not be fulfilling their legal obligations where email marketing is concerned.

The worlds third largest social networking site has been acquired by internet giants AOL.

We receive (almost on a daily basis) enquiries concerning infringement of trademarks via adwords or overture or some other search engine (but usually these two)

Warner music has become one of the first major labels to sign up to iTunes competitor 7digital.com.

AOL have announced that their well known web browser, Netscape Navigator, will no longer be supported from the 1st March 2008.

Ebay have settled their long standing patent dispute with MercExchange LLC. The seven year battle went all the way to the US Supreme Court and was over Ebyays 'Buy it now' button which had become increasingly popular.

One of the worlds biggest sellers of internet domain names is being sued for engagin in the practice known as front running. I previously commented on their plans to legally engage in such a system back in January see http://www.lawdit.co.uk/reading_room/room/view_article.asp?name=../articles/5102-Holding-Domain-Names.htm but it seems that this has not been successful.

Microsoft has been fined 899m Euros by the European Commission. The US software giant had defied sanctions previously imposed on it for anti-competitive behaviour

Outsourcing refers to the contracting out of core business functions to external service providers. The concept can be well illustrated by the current BT advertisement on the television which aims to persuade customers to outsource their communications to BT so that they can focus on their core business.

The National COnsumer COuncil (NCC) has accused 17 firms including the likes of Microsoft and Adobe of using unfair end user licence agreements (EULAs).

Internet providers may be forced to disconnect illegal filesharers.

The Lords Science and Technology Committee is to re-open its inquiry into e-crime and the security of personal data.

When you write your blog you must take care where you wish to refer to third party's trade marks as by doing so there is always a risk of trade mark infringement.

An ad campaign for Virgin Media's high speed broadband service has been cleared by the advertising regulator despite a string of complaints from rivals including BSkyB and Carphone Warehouse.

The Data Protection Act 1998 is the governing legislation for data protection

The simplest and most effective method of protecting your domain name is to register a trade mark

Social networking forums have interested media lawyers, who warn that many postings may be leaving sites such as Facebook and MySpace open to libel actions due to a growing number of “ hate pages” such as Facebook's "I hate BT"

Social networking forums, where users give full vent to their gripes about everyone from gas providers and airline companies to the local bus operator, have caught the eye of media lawyers, who warn that such postings may be leaving sites such as Facebook and MySpace open to libel actions.

There are no legal controls on the use or development or importation of encryption technologies in the UK.There is currently no statutory scheme for the approval of certification authorities. The UK government instead prefers an industry-led approvals process and such self-regulation has proved sufficient to date.

Microsoft is developing a new system capable of monitoring a worker's productivity, competence and physical wellbeing.

Amazon have announced a new Digital Rights Management (DRM) free music store where every song is playable on virtually any digital music capable device.

Network Solutions is looking into a way of holding domain names for a person who has searched for that domain name's availability.

The simplest and most effective method of protecting your domain name is to register a trade mark

Two sets of consumer laws have been in the spotlight recently; the unfair terms in Consumer Contracts Regulations 1999 (the UTCC Regulations) and the Consumer Protection (Distance Selling) Regulations 2000. In brief suppliers cannot contract out of either set of Regulations.

The rumour site 'Think Secret' has been shut down by the computing behemoth Apple.

The INTA (International Trademark Association) has warned its members about the emerging internet practice known as Domain Name Tasting. According to the internets governing body ICANN, Domain Name Tasting is:

We provide hundreds of millions of pounds worth of protection to businesses in the UK, EU, USA, Canada, Asia, Middle East and beyond.

A committee of MP's has said that repeated / reckless breaches of data security should become a criminal offence.

Data Protection Laws and E Commerce regulations have been implemented into EU law to aim to prevent fraud and coruption over the internet

The benefits of Standard Terms

OSS is a form of software where consumers have free access to the source code.

Website terms and legal compliance is of paramount importance to all businesses and it is becoming increasingly more difficult for businesses to continue to comply due to the raft of legislation that is coming in to force for within the UK, EU and beyond.

The Computer Misuse Act 1990 was introduced primarily to deal with the various guises of computer hacking.

In Series 5 Software v Clarke Laddie J introduced guidelines for the Courts to follow when deciding whether to grant an interim injunction before the case has been decided at full trial.

With more and more international dimensions to contracts, it is important to address the prevailing language that shall be used to bury disputes when contracts are being translated.

Linking can be a good way to raise awareness of your business but there are negative aspects to consider.

A WIPO dispute resolution hearing has held that a franchisor cannot demand that a domain name which contains its trade mark is rightly theirs.

A tiny village in the South West of England has asked the provider of GPS data to take it off the map

Other warranties are implied in contracts for the provision of services, namely:

Warranties that are implied into contracts for the sale of goods in the course of a business by the Sale of Goods Act 1979 (‘SGA 1979’):

Opt-in wording for consent to direct marketing by electronic means (e-mail or SMS)

Software Code and Escrow

When considering buying a database One of the most important things to consider are data protection provisions.

Collection and use of personal information by websites in the UK must be done in compliance with the Data Protection Act 1998 (DPA) and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (the Regulations) which came into force on 11 December 2003.

You need to maximise the chances of successfully incorporating your standard terms in your contracts with customers, and must ensure that your standard terms are brought to the attention of customers at the earliest possible opportunity

The Information Commissioner's Office (ICO) has ordered the Foreign and Commonwealth Office to sign an undertaking to comply with the Data Protection Act 1998

The Data Protection Act 1998 can be complicated and confusing.

The next time you receive an e-mail form some commercial organisation, check to see if they are using an e-mail notice/ disclaimer.

Standard terms will allow you to set out a framework for how a company's transactions will be dealt with and brought to a conclusion

The INTA (International Trademark Association) has warned its members about the emerging internet practice known as Domain Name Tasting.

Someone has written something false about me on the web, what can I do?

With most of the business community now online in some shape or form email has become the easiest and quickest method of communicating with customers / clients.

A guide to buying or selling your business

The Data Protection Act 1998 provides the following Principles

An influential group of peers has accused the government of putting its "head in the sand" after it rejected their ideas for dealing with e-crime.

Internet Service Providers urgently need to roll out the next generation of net addresses for online devices, internet pioneer Vint Cerf has said. Every device that goes online is allocated a unique IP address but the pool of numbers is finite and due to run out around 2010.

Two sets of consumer laws have been in the spotlight recently; the unfair terms in Consumer Contracts Regulations 1999 (the UTCC Regulations) and the Consumer Protection (Distance Selling) Regulations 2000. In brief suppliers cannot contract out of either set of Regulations.

A new law came on to the statute books on 1 October 2007 ie the The Racial and Religious Hatred Act 2006 at the same time the above named Regulations were also introduced, which ought to have caused one or two raised eyebrows amongst the ISP lobby.

Someone has written something false about me on the web, what can I do?

There are a great many considerations when restricting liability for content on your website, below are a few of the main considerations.

ICANN the body which governs domain name laws

The first phase of registration of .asia domain names begins on 9 October 2007

A new Italian draft law intended to clarify Italian publishing law has been brought into the spot light under heavy criticism.

Terms and conditions for your website are very important, requirements for every retailer will vary and so bespoke terms and conditions should where possible be obtained. Properly drafted terms and conditions are important as poorly drafted terms and conditions will expose you to unnecessary risk. As a guide the following lays out the main information to include and further considerations to consider.

Some key considerations

The legal scope, of the "without prejudice" maxim, and as to when it can be challenged, including,the ambit of what is known as the ambit of the unambiguous impropriety exception.

Number four in this series of articles about intellectual property issues and your website looks at what you should be considering where patents are involved.

Data Protection and privacy laws are of paramount importance when it comes to databases that hold personally identifiable information.

Designs

Domain Name Solicitors

Databases

Article 1 - Copyright

What to look for.......

'Escrow' is a legal term which means 'money, goods or a written document, held by a trusted third party, pending the fulfilment of some condition'

The essence of the tort of passing off is a misrepresentation to the public (whether or not intentional) liable to lead them to believe that the goods and services offered by the representor are those of the Plaintiff.

With most of the business community now online in some shape or form email has become the easiest and quickest method of communicating with customers / clients.

Ebay runs a program to protect the intellectual property rights of its users known as veRO.

The Electronic Commerce (EC Directive) Regulations 2002 (SI 2002/2013) has transposed into UK law the majority of the provisions of Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the internal market (“the E-Commerce Directive”).

A European Union court on Monday dismissed Microsoft Corp.'s appeal against an EU antitrust order that ordered it to share communications code with rivals and sell a copy of Windows without Media Player.

Enforcement in the High Court of a foreign judgement is governed by the Civil Procedure Rules Parts 70 and 74 together with RSC Orders 17, 45 to 47 and 52 as in Schedule 1 to the CPR

60% of Online Businesses have been victims of hackers, every time you access the Internet it is almost certain that some form of intrusive software is attempting to infiltrate your computer, even your existing Operating System can cause major problems.

Russia has hit out at an illegal download site which threatened its entry into the World Trade Organisation.

The organisation which controls the .eu domain has suspended 10,000 domain names

Is meta tag infringement an infringement of your trademark?

The INTA (International Trademark Association) has warned its members about the emerging internet practice known as Domain Name Tasting

An American court has declared that, a man who was charged with having intercourse with a girl who was only fourteen years old can not sue the website which had stated that the girl was eighteen years old.

A US court has found that putting files in a file sharing software folders’ is enough to break US copyright law.

Terms and conditions for your website are very important, requirements for every retailer will vary and so bespoke terms and conditions should where possible be obtained.

Microsoft is collaborating with the British Library to create the first archive of British emails.

Any marketing by email must clearly identify:

Windows Vista has been voted the most secure operating system released by Microsoft to date.

If you are seeking relief under the Data Protection Act 1998. Under s.4 (4) of the Act it is the duty of a data controller to comply with the data protection principles in relation to all personal data with respect to which he is the data controller.

The below is a non-exhaustive yet useful checklist to bear in mind when considering software contracts or engaging someone.

This article looks at how you should structure your contract formation for online transactions.

The general advice on buying online should always be followed when buying from abroad. But there are some additional things to keep in mind.

A computer programmer has been given royalties for systems he was commissioned to create, even though no copyright agreement existed.

We have all purchased goods on line yet as many as 85% of transactions are still cancelled at the final ‘confirm and buy’ page. The majority of course will be due to a change of mind, but many people are still concerned about online security.

We all agree that the Internet has been a good thing both from a personal and business perspective. The latter has seen a phenomenal growth. However it has also exacerbated the problem of infringement of intellectual property rights (IPRs).

Data Protection and privacy laws are of paramount importance when it comes to databases that hold personally identifiable information.

Legal Compliance

Someone is defamed when a defamatory statement is published at the place where it is read, heard or seen, and not where the material was first placed on the internet.

The Copyright, Designs and Patents Act 1988 lists computer programs within its definition of literary works.

I often get asked a question on whether an arrangement can be set out in the form of a traditional contract or if it must be in the form of a deed. I set out below some guidance on this.

Art 29

Google has announced that all cookies will be deleted after 2 years. A statement from the company stated

From the users perspective, the most crucial set of provisions relate to the levels of service being provided.

Over the past few years, two key questions have been put to me in relation to client contacts and their standard terms.

Permitted use:

A scraper site is a website which copies all of its content from other websites via the process of ‘web scraping’ i.e.it copies the HTML and JavaScript of the website.

Google has announced that all cookies will be deleted after 2 years. A statement from the company stated

The Software & Information Industry Association, a trade association for the software and digital information industry has chosen its top 10 ecommerce moments

As a general rule, confidential information cannot be owned. It is usually just a secret which one person does not want others to know.

What is code?

Definition clauses are important in any contract, even more so in a long or complex contract.

The Computer Misuse Act 1990 was introduced primarily to deal with the various guises of computer hacking.

This articles looks at the various remedies available for infringement of copyright.

Legal compliance is of paramount importance to all businesses and it is becoming increasingly more difficult for businesses to continue to comply due to the raft of legislation that is coming in to force for within the UK, EU and beyond.

A survey published by the Office of Fair Trading (OFT) found that 28% of UK-based online traders are not aware or are only slightly aware of the laws which apply to internet shopping.

The general principle is that in equity (and subject to certain conditions at law), the benefit of an agreement may be freely assigned to a third party without the consent of any other party.

Mobile phone giants Orange have been ruled by the Information Commissioners Office (ICO) as having breached the Data Protection Act s’ security requirements.

Data Protection and privacy laws are of paramount importance when it comes to databases that hold personally identifiable information.

In the past companies such as banks have struggled with encrypting personal information, or have failed to protect personal information being released to stop others so as to stop the information from being use in a fraudulent way.

US retailer TK Maxx (also known as TJX and TJ Maxx) has come under attack by hackers that have targeted it stores in the US, UK, Canada, Ireland and Puerto Rico.

Google, who currently stores search terms along with the internet protocol (IP) addresses, will soon delete the IP addresses after between 18 and 24 months.

How to start a claim at Nominet

Nominet this week refused to transfer the domain name champagne.co.uk to the Comité Interprofessionel du Vin de Champagne (CIVC).

The Importance of data escrow contracts is set out below. Lawdit offer data escrow services in relation to:

The Importance of data escrow services is set out below. Lawdit offer data escrow services in relation to:

Unfortunately, despite the excitement surrounding the .eu launch and the enormous number of .eu registrations it generated, the .eu launch process is generally regarded as a failure (except by the .eu registry).

Infofind Ltd pleaded guilty to charges brought by the Information Commissioner’s Office (ICO) of illegally ‘blagging’ personal details and selling them to a finance firm. The company and its managing director Nick Munroe must pay £8,200 in fines and costs.

RegisterFly is facing US domain name laws as it faces the dangers of losing more than 75,000 domains.

Google has applied for a patent in the US and Europe for a program that would compile psychological profiles of online gamers.

Internet cafes are popular among Chinese internet users, including young people who may spend hours at the cafes downloading music, watching movies or playing online games.

Information Commissioner Richard Thomas will tell a Parliamentary committee today that an increase in his authority is essential to stop the UK becoming a surveillance society.

The greatest threat to your privacy may not come from cookies, spyware or websites tracking and analysing your web surfing habits. Instead, it may come from search engines, which collect and store records of your searches.

Playboy Enterprises International Inc. (Playboy) has succeeded in its appeal against the Nominet expert's refusal to transfer the domain name playboyracing.co.uk to it.

The European Commission this month announced that it has now received Microsoft's response to the statement of objections sent on 1 March 2007.

A new wave of fake emails that threaten recipients that they will suffer bodily harm and death if they do not pay thousands of dollars to the sender is circulating on the Internet.

A recent survey demonstrating the strength of a hacking technique known as social engineering, has demonstrated that almost two thirds office workers and IT professionals told a stranger their work passwords in a recent survey.

The US authorities are more worried about a simultaneous attack on their banks’ IT systems and a physical attack on the postal system than any other terrorist threat.

Microsoft could be forced to hand over workgroup server protocol technology to rivals for free, under new proposals being considered by the European Commission.

New Zealand has recently adopted a new dispute resolution procedure for resolving .nz domain name disputes.

When considering purchasing some software for your business you ought to consider, amongst other things, the following:

Internet users who have had the frustrating experience of mistyping a common or popular website URL and inadvertently landing on a page full of pay-per-click adverts may soon have relief due to a new campaign by Microsoft.

Data Protection and privacy laws are of paramount importance when it comes to databases that hold personally identifiable information.

New York bookmaker Gary Kaplan, who went on to found BetOnSports, a successful online gambling company based in the UK, was arrested has been arrested.

Hong Kong.

Microsoft has had to hold back the launch of its Soapbox video-sharing site while it implements new technology to detect videos uploaded by users that could have copyright restrictions.

A further assurance clause seeks to cover any omissions in the agreement which may not be noticed when it is signed and which, if unremedied, would change the way the agreement was intended to work.

Playboy International Enterprises (known commonly just as ‘Playboy’) has recently lost a dispute.

IE 7 allows a website to display a pop-up that can contain a spoofed web address, Secunia (security monitoring company) said

The World Intellection Property Organisation (WIPO) has released a report indicating that not only is cybersquatting still a problem.

The High Court of England and Wales (Chancery Division) decided the case "SanDisk-MP3" is outside its jurisdiction.

For the purposes of copyright protection, a computer program is treated as a literary work.

Gordon Dick has successfully sued Transcom for sending him e-mails in breach of the legislation protecting consumers against unwanted e-mail marketing

JK Rowling is suing eBay, the online auction hosting service, for breach of copyright.

A British company has been ordered to pay damages for sending spam.

Sony Computer Entertainment and Immersion have agreed to settle.

A warning to all Symantec's antivirus software users is to update software to combat a new variant of the worm known as either Rinbot or Delbot

A website has posted a way that can apparently crack Windows Vista's activation process by applying brute force technique to come up with valid product key.

The general principle is that in equity (and subject to certain conditions at law), the benefit of an agreement may be freely assigned to a third party without the consent of any other party

Tesco has branded its own PC software which is now available via its online shop Tesco Direct.

A company called Office Live has filed a trademark infringement lawsuit against Microsoft over the software giant's use of "Office Live

English law requires four elements for the formation of a contract, and an online contract is certainly no exception. These are:

Microsoft said it will seek to invalidate claims by a California company that has sued it for trade mark infringement over the Office Live name.

Knowing on whose terms you are contracting on is a very important question.

EURid, the registry for the .eu domain, has published updated versions of its terms and conditions, and registration policy.

Even if you do not have a confidentiality agreement in place ...................

As a general rule, confidential information cannot be owned

EC law provides immunity from defamation actions in respect of statements published on the internet

Cisco Systems, the computer networking equipment maker, sued Apple over the use of the iPhone name which was recently launched by Apple.

This brief note looks at some of the health & safety laws applicable to a given workplace.

Collection and use of personal information by websites in the UK must be done in compliance with the Data Protection Act 1998

Opt-in wording for consent to direct marketing by electronic means (e-mail or SMS)

Microsoft plans to release seven security patches earlier next week which will address the numerous flaws in its Windows, Office, and Visual Studio software products

British Airways has successfully recovered the domain name ‘britishairwayslimited.com through the World Intellectual Property Organisation’s

The damages being sought under contract law are as follows

With more and more international dimensions to contracts, it is important to address the prevailing language that shall be used to bury disputes when contracts are being translated.

The damages being sought under contract law are as follows: to put the claimant in the position he would have been in had the contract been performed.

The Financial Services Authority (FSA) finds that online banking fraud has risen by 8,000% in the past two years

One man from the UK sentenced to 18 months of community service, one man in California suffers HP to pay $16.5 million in a settlement with the Californian Attorney General.

An ongoing patent feud between IBM and Amazon.com changed direction last week as the e-commerce giant countersued Big Blue for infringement and discredited their earlier accusations.

Cherie Booth and her colleagues at Matrix Chambers are fighting a cloned website run by internet pirates who are using Matrix's website as cam.

A UK man has been sentenced to 18 months of community service for unlawfully obtaining personal information

An interesting case surfaced last week in the High Court when Microsoft sued Mcdonalds

A short term validation programme aimed at tackling software piracy has been started by Microsoft

When determining the scope of a licensing agreement it is important to establish the various obligations that each party will bear and the extent of responsibilities that one party may owe to the other.

A report undertaken by people3, a Gartner company which “works with organizations to develop human capital management strategies that support the goals of the enterprise”, outsourcing does not guarantee cost savings.

The next time you receive an e-mail form some commercial organisation, check to see if they are using an e-mail notice/ disclaimer.

English law requires four elements for the formation of a contract, and an online contract is certainly no exception. These are:

Vivendi Universal paid around $372 million to buy MP3.com after it nearly lost the domain name because it forgot to pay the $35 renewal fee.

The UK’s financial regulator has rejected a technology that allows for automated processing of financial information

A new software has been developed by spammers that will allow the invasion of spam onto even blacklisted systems. This is estimated to surge the number of spam emails so much so that it could be enough to send the global email system into an electronic ‘meltdown’.

Industry's largest hard disk drive manufactures have come together and presented their latest products at the Computex show in Taipei last week

A senior policeman alleged earlier this week that banks are covering up the extent of online fraud, and that losses from schemes such as "phishing" are really far greater than the £ 22.5m announced for the first six months of this year in the UK.

The key component for the computer implemented inventions to be awarded patent protection lies in the term ‘technical contribution’

The US government has given its consent to a controversial deal over the future of the lucrative .com net domain

The International Telecommunications Union (ITU) has warned that the re-using of passwords and logins web users need, is putting them at risk of identity theft

Currently, Baidu.com commands more than 60 per cent of the internet search market in China

According to the first ever global web accessibility survey, ninety-seven percent of websites fail to achieve a minimum level of accessibility

The ID Card Act and the Serious and Organised Crime Act

A Chinese web pornographer who founded the country's "largest pornography website" and three other unnamed sites has been sentenced to life imprisonment

The note below looks at the duties owed by a principal to its agent

The damages being sought under contract law are as follows: to put the claimant in the position he would have been in had the contract been performed.

The note below looks at the duties owed by an agent to its principal

In today's day and age and due to the technological advancements in the IT industry more and more businesses are reliant upon third parties to supply bespoke software

Whilst often rushed, this is perhaps one of the most crucial stages of a given website project.

A new anti fraud bill has been passed into law for England and Wales.

There are many ways of growing your business and this note will focus on franchising being one of those methods.

A well written contract will no doubt contain a jurisdiction clause

Israeli researchers have published a paper titled The Unbearable Lightness of PIN Cracking

man in Manchester has been convicted of plugging his MP3 player into the back of free standing cash machines

So what can you do if someone snaps you in the street?

Now 90% + of us use pc’s with Microsoft software

Spamhaus has published a revised list of the world’s 10 worst spammers

Microsoft pledged not to take suits against individual developers who are creating code.

Shoppers are likely to abandon a website if it takes longer than four seconds to load, a recent survey suggests

Escrow Agreements are a tri-partite agreement

One of the most important things to consider here are data protection provisions.

The Supreme Court in Germany ruled in a case involving German citizen Holger Voss who wished to have his internet usage records deleted, that internet service providers (ISPs) must delete internet usage records

If there is one thing I hate reading about or reporting on is any fraud being conducted online. I think the internet is a great place for people to research, interact, communicate and trade and issues relating to fraud etc only serve to undermine this.

It has been reported this week that the world renowned Website You Tube is playing it safe and is trying to gain widespread consent to use copyright material.

often get asked a question on whether an arrangement can be set out in the form of a traditional contract or if it must be in the form of a deed.

The principle complex issues facing the ISP are as follows:

8 Good Reasons..........

A right of action will lie for breach or infringement of confidential information where you can prove the other party has used confidential information, directly or indirectly obtained from you and without your consent.

A Solicitor will normally advise a software licensor to offer warranties confirming that he has authority to grant the licence in question.

Astonishing but true!

An unfair term contained within a contract is not binding on the consumer; this is governed by the Unfair Terms in Consumer Contracts 1999 (the ‘Act’).

This is arguably of the key areas of any website development contract.

This is an important area that crops up in many assignments, licences, and sale or purchase agreements.

Wayne Rooney has been successful in his bid to have the waynerooney.com domain name transferred to him.

On 18th October the union cabinet of India has decided to amend IT act 2000

Under English law in order for your terms and conditions to be effective they must be validly incorporated into the contract

The Swiss Department of the Environment, Transport, Energy and Communications is looking in to using software to listen to Voice Over Internet Protocol ‘VOIP’ conversations

What am I buying?

Over 2000 UK computer users have had personal information stolen by a virus originated from the US

A US computer has been seized stealing personal information of 2,300 UK computer owners, including credit card numbers, email addresses, passwords and details of transactions conducted online.

A computer seized in the USA contained personal details from 2,300 computers in the UK

MySpace.com was the first major internet networking website

Europe does not have to freely hand over airline dats freely to the USA

The Experiment used what is referred to as a ‘honey pot’ computer

The Wall Street Journal has reported that Google, the internet search engine, are conducting talks with YouTube, the video sharing website regarding a possible takeover. Such a take could be worth up to £855m according to sources.

The .eu domain was launched in April 2006. However some 6 months later it is being reported that companies owning thousands of common names for Internet use will hold back the spread of .eu

A survey conducted by corporate computing firm CA shows that almost three quarters of social networkers surveyed disclose personal identifying information which are very useful to identity thieves who can use them to access bank accounts and further personal information.

No not a term of abuse but the online you tube has been making the news for the past twelve months and it continues to do so

Two spammers Jared Cosgrave and Mohammed Haque have pleaded guilty in a US District Court in Southern Florida to sending thousands of junk emails which violated the Can-Spam Act.

Spam is a commonly used term referring to unwanted e-mails

Firefox, by Mozzilla, is the number 1 competitor for Microsoft’s Internet Explorer

The new craze of ‘blogging’ involves keeping a record of developments online for all to see

Checklist:

U.K. banks have been given the power to find out if the credit cards they've issued are being used to access illegal material online.

Three AOL subscribers are suing AOL after AOL's accidental release last month of around 19 million search requests

New research conducted by the Usability agency Nomensa has showed that none of the UK’s top 30 shopping websites satisfied the most basic accessibility guidelines

A critical bug in Microsoft’s Internet Explorer (IE) browser has now affects users of the its Outlook 2003 e-mail software, making the bug now even more serious than previously anticipated much more serious than previously thought.

60% of Online Businesses have been victims of hackers.

A clever computer worm spreading via AOL Instant Messenger (AIM) is setting up a path that may be difficult to defeat

Spamhaus, a London based anti-spam group, has rejected an Illinois court judgment in favour of a US company e360insight on grounds of lack of jurisdiction. The ruling ended up with a default judgment and no defence was sought by Spamhaus.

Bad business poor treatment of consumers; Try Stop Now Orders

Distance Selling Guidelines

I wanted to attend a England V Pakistan one day international cricket match and found out from the Hampshire Rose Bowl that the tickets were sold

There are so many internet scams out there and we have all unfortunately fallen into them in varying degrees

The Office of Fair Trading (‘OFT’) had received complaints from parents regarding both the lack of choice and high prices/poor quality when schools restricted the supply of uniforms to particular retailers or self supply themselves.

Search engine giants Google has new plans of introducing an online library where it aims to scan all publications and make it available to the public

http://www.eurid.eu/en/general/ the organisation which governs the .eu domains has thrown out a claim by a Czech company that it wrongly allocated the domain to another.

What is code?

Most websites nowadays have links to other websites

Privacy International (PI) a human rights has filed a complaint with the UK’s Information Commisioner concerning large e-commerce websites and their use of data.

a change in the law so that harsher fines can be imposed on users of unlicensed software.

Data Protection Q&As

In today's day and age and due to the technological advancements in the IT industry more and more businesses are reliant upon third parties to supply bespoke software for their needs and to provide a maintenance service for the same

Frustration occurs if......

Tom Cruise has been successful in his action under the World Intellectual Property Organisation’s (WIPO) Uniform Domain Name Dispute Resolution Policy (UDRP) to recover the .com domain name comprised of his name.

The Office of Fair Trading has exercised its weight and secured the amendment or removal of a number of unfair terms from the contracts of estate agency businesses

“The consumer shall pay the full price prior to installation of …..”

Nominet is the body set up to govern the domain names in the UK. It manages over 5 million domain names, making it the world's fourth largest Internet registry. It is currently mediating in a dispute over a domain damien-hirst.co.uk.

It’s a fantastic exciting tale of sex, guns, blackmail, off shore bank accounts and jail.

The average British internet user spends the equivalent of more than 50 days a year online

In this case Field J recognised that ................

A US organisation, Council of Better Business Bureaus Inc (BBB) which aims to ‘promote and foster the highest ethical relationship between businesses and the public through voluntary self-regulation, consumer and business education, and service excellence’ has failed to recover the domain name betterbusinessonline.com

The above case concerned the repayment of a loan of $1,000,000. Negotiations resulted in a document headed "Heads of Agreement - subject to more complete documentation".

Confetti Records v Warner Music UK Ltd [2003] EWHC 1274 (Ch)

Is your brand being abused?

Kazaa agrees deal to end the law suits

Wayne goes to WIPO

Wharehousing a dodgy world

The previous article looked at copyright subsisting in computer programs by virtue of their inclusion in the definition of literary works under the Copyright, Design and Patent Act 1988 (the ‘Act’). It also discussed literal copying and non-literal copying.

This articles looks at the various remedies available for infringement of copyright.

The two main pieces of legislation in the UK with regard to interception of communications are:

The Computer Misuse Act 1990 was introduced primarily to deal with the various guises of computer hacking. These anti-hacking laws created the following offences:

A more detailed summary of the application of copyright law to computer programs

Is Google about to face court action?

Problems for Google - will it lose its mark? Not yet....

An AIDS patient wins damages for unlawful disclosure by newspaper

The Information Commissioner issues a warning over ID cards

The British Government threaten former ambassador with the kitchen sink

In November 2005 a recently fired individual, David Lennon, was found not guilty of a crime under the Computer Misuse Act 1990 when he committed a ‘denial of service’(DoS) attack against his former employers.

Lots of people have hard about ‘Data Protection’ but not many are clear about what it is and what it applies to.

The consumer is king

For your information 2 important articles

About time

This may seem like a daft question but sure as hell disputes have arisen and the courts have sought to answer this very question.

For a legally binding contract to exist, four key elements must be satisfied:

The leading case on this subject has for many years been Butler Machine Tool Co. Ltd v Ex-Cell 0 Corporation (England) Ltd [1979] I All E.R. 965, what now?

The ASU releases disappointing results

Hopefully the consumer will have some form of redress when purchasing goods abroad

The Court of Appeal overturns Magistrates decision

The following three key rules set out what a customer should discuss with a developer when having a website built

In many given projects both the developer and customer agree to given milestones to be achieved by certain dates. Where milestone dates are agreed, it is also common to link payment with milestones.

Common Probelm Areas in Website Development

As discussed in a previous short article, a change of control procedure is the means by which variations to the development contract may be made. In practical terms, the change control procedure is a critical means of controlling the scope of work and regulating costs.

According to a claim recently filed in a federal court, Microsoft misappropriated

The Business Software Alliance (‘BSA’) has increased its reward for reporting use of unlicensed software

Many designers are aware of PETs but how many consumers are?

Statistics from security firm Sophos show that China is fast catching up the US as a source of junk e-mail.

Does metatag use count as use of a trade mark at all?

The Distance Selling Regulations apply to the contracts that your business will enter with consumers under an organised distance sale.

The Electronic Commerce Directive must be considered by any business wishing to offer goods or services on-line.

The Data Protection Act 1998 is a piece of legislation which every business must consider as all businesses will be dealing with personal data on a regular basis. Information such as the consumer’s address and bank details must be protected by your business. Your business also has certain obligations with regards to the supply of information on request of the consumer.

Having undertaken lots of reviews of hosting agreements over the past few years my partner Michael and I have prepared the following which is a summary of the usual things that crop up from time to time.

Frustration of a contract occurs when a contract becomes impossible to perform, or is capable of performance only in a manner substantially different from that originally envisaged

I often get asked a question on whether an arrangement can be set out in the form of a traditional contract or if it must be in the form of a deed. I set out below some guidance on this.

So now you now you don’t own the website? What can you do

You did know that you don’t own your website don’t you?

Following the lead of London and Northern Ireland, Yorkshire is now the third region in the country to enjoy 100 per cent broadband access.

It is important to first provide the debtor with a notice of the assignment!

What is good will and what is the importance of assigning goodwill from a seller when purchasing a business?

It could be argued that there is a large proportion of the business sector which fails to place adequate emphasis on the need to have a thorough contract in place when conducting business either in the information technology sector or over the World Wide Web.

A British company has been launched this week that offers second-hand software licences acquired from insolvent companies.

The Court of Appeal in Sabah Shipyard ( Pakistan ) Ltd v The Islamic Republic of Pakistan [2002] EWCA Civ 1643 (14 November 2002) made some observations about the exact effect of law and jurisdiction clauses in contracts.

Some traders might try to escape their responsibilities under contracts by using exclusion clauses, for instance by saying that they accept no liability for loss or damage. If an exclusion clause is unfair it is legally void and cannot be used against you

Samsung Electronics the Korean memory chip maker and one of its US subsidiaries have agreed to pay a $300 million fine in order to settle an ongoing antitrust investigation into their price fixing over the DRAM chip.

Subject to certain exceptions (detailed below) consumers must be given a period of at least seven working days within which they may withdraw from a contract without incurring a penalty.

Liquidated damages clauses are often found in contracts involving development work

Google continued their assault on Microsoft this week by instigating proceedings to join forces with Sun Microsystems which produce the main rival to Microsoft’s Office Software.

Yahoo! which is part of the Open Content Alliance will digitise 18,000 works of American literature and also material from national and European archives.

Creative technology has been awarded a patent in the United States for a digital interface used on digital music players.

The Belgian Law implementing Directive 2000/31 on e-commerce has finally been adopted

Online auction site eBay has agreed to buy internet telephone company Skype Technologies in a $2.6bn (£1.4bn) deal.

This is perhaps one of the most crucial stages of a given website project.

This is perhaps one of the most crucial stages of a given website project.

Can I minimise my risk?

The distinction must be made between the supply of goods and supply of services

Microsoft plans to re release Update Rollup 1 for Windows 2000 Service Pack 4 due to several problems with the current version.

According to a media release from Australia Open Source Industry body (‘OSIA’), an alternative solutions based on open source software can help governments and companies clamp down on illegal copying of software and codi.

The design services will usually comprise development and design of the website itself on the minimum level. Obviously this may be extended and further clauses may be included to assist the special requirements of the parties.

The principle complex issues facing the ISP are as follows:

Many businesses use invoice discounting or factoring arrangements to assist their cash flow and to provide quick working capital especially where they are in an industry where long credit periods are the norm!

Franchising is a very good method of growth for some businesses. Some of the key benefits for the franchisor’s include

Frustration of a contract occurs when a contract becomes impossible to perform, or is capable of performance only in a manner substantially different from that originally envisaged

Microsoft plans to re release Update Rollup 1 for Windows 2000 Service Pack 4 due to several problems with the current version.

The UK government is investigating whether to introduce a public database that links telephone numbers to IP addresses.

New regulations in relation to ‘cold calling’ came into force in June 2004. The regulations allow companies to block cold callers, but are they too complex to be workable?

The claimant, Pegler, entered into a contract with the defendant, Wang, under which Wang agreed to supply computer hardware/ software, bespoke programming and associated services. The project was to have involved several phases; the last phase was due to have been completed by February 1994.

The guidelines in the Unfair Contract Terms Act 1977 schedule 2 require that, when assessing whether a term is fair and reasonable in the circumstances, regard is to be had in particular to any of the following that appear to be relevant:

Details were recently published on the internet about vulnerability in Cisco Systems’ Internetwork Operating System (IOS) software

Tektrol Limited lost critical source code after it had the misfortune to be hit by both a computer virus and a burglary

Con artists can easily get cash from U.S. ATMs because some banks fail to scan security codes in the magnetic stripes on cards, according to Gartner, a provider of research and analysis on the global information technology industry.

Microsoft has apparently agreed to pay IBM $775 million to settle an anti competition claim brought by the Justice Department’s case in the mid-90s. As part of the settlement IBM will also be provided with a $75 million credit against Microsoft software.

Due to the nature and perception of e-mails this informal method of communication is often abused and may risk employees and companies alike

Looking at commercial contracts/ disputes, jurisdictional issues often arise. I set out below a note relating to the same.

Pirated copies of software plague many companies who operate in this field of industry and perhaps none more so than Microsoft

Junk e-mail is once again increasing and is due to the smarter advertising ideas which ‘trick’ the user into reading the e-mail

Microsoft is intensifying its fight against piracy by urging the users to make sure if their version of Windows Operating System is genuine.

Microsoft could be facing a trade mark challenge by a Washington based company over use of the name Windows Vista for its 64-bit operating system codenamed "Longhorn".

Despite the stern measures taken by the likes of British Phonographic Industry (BPP) and Record Industry Association of America (RIAA) to control the menace of illegal music file sharing on the internet, the recent figures by the International Federation of the Phonographic Industry (IFPI) show that the illegal file sharing has increased by 3 percent just in the first half of the year.

Sony has used its registered trade marks to obtain an injunction against Nuplayer Limited for selling imported PlayStation Portables within the UK before they are due for release in Europe (1 September 2005

eBay is developing a new search system to help users find products on its online auction site and a new fraud-protection program for its PayPal online payment unit

If you have not yet received it – you are either on the long list of those who will be attached or you have already been hit.

A warranty is a statement of a fact, forming part of the contract, which the party giving the warranty (warrantor) asserts to be true.

EU ministers in Brussels are now looking at proposals to regulate the Internet for the first time by introducing controversial rules to cover the transmission of television online.

Software giant Microsoft launched a case against a German company and man believed to be part of a spam gang.

There are a number of consumer protection laws applicable to businesses operating within the EU that cannot be excluded by contract.

The potential liability of providers (a provider could be internet service providers, bulletin board operators or providers of a chat room service) has produced debate across the legal and academic world

Intel has recently felt the wrath of EU competition officials at its British, German, Spanish and Italian offices concerning an investigation into antitrust complaints raised by its rivals AMD and Via Technology who also make chips

The most contentious project of the government relating to introduction of compulsory ID cards is up, this month, for the next stage of the Gateway Review Process, a system implemented by the Office of Government Commerce (OGC) with the intention of bringing projects on track

Cases involving cross-border disputes over negligence, defamation, traffic accidents abroad and product liability claims will be affected by the new Rome II Regulation which was adopted by the European Parliament this month

A criminal network which scammed £6.5 million from credit cards across the world has been defeated. The network which spanned from America to Russia was traced to two masterminds who resided in Glasgow and Leeds.

Joint ventures arrangements are suitable, to attract more customers, develop business, enter new markets and share resources, risks and costs.

A United Nations Convention is being drafted in the hope to make it easier for companies to conclude international business to business contracts electronically. According to reports the European Commission will be playing a part in negotiating the convention by representing the European Union.

Joint ventures arrangements are suitable, to attract more customers, develop business, enter new markets and share resources, risks and costs.

This move comes as intellectual property concerns spread amongst large companies, many of them involved with lawsuits related with Linux Technology

Bluetooth phones could be the new tool that starts the next major global hacking attack.

Industry's largest hard disk drive manufactures have come together and presented their latest products at the Computex show in Taipei last week.

According to a media release from Australia Open Source Industry body (‘OSIA’), an alternative solutions based on open source software can help governments and companies clamp down on illegal copying of software and codi.

This week the European Commission announced that it has approved a scheme that will promote the growth of the information society and media networks.

The software giant Microsoft has finally met the European Commission deadline of submitting proposals to implement the antitrust sanctions that are already a year old.

The Office of Fair Trading has just published new guidance pertaining to online car purchases. On-line car dealers have long had to struggle with a law that appeared to let consumers drive their purchases for a week and then return them for no reason. However, unfortunately for dealers, the guidance is in favour of the consumer.

European Union official are now perusing Microsoft's proposal to comply with last year's antitrust rulings

There is still a growing risk about whether Wi Fi wireless technology is secure.

The system of sponsored links by key words is the most used on the Internet by either big either small companies. It is also the best reference to take decisions when making a purchase, as the consumer may obtain a list of links that lead to interesting sites according to the search criteria.

Skype is a successful free software service that enables users to utilise their Internet for free telephone calls. Voice over Internet protocol (‘VoIP’) is a vastly popular business claiming over 100 million downloads to date.

Richard Granger, director general of NHS IT, speaking at the Government UK IT summit in London this week announced that NHS IT programme "way ahead" of schedule refuting any speculations as to lack in efficiency in the implementation of the programme.

Government has issued guidelines concerning personal medical information to be held in NHS electronic patient record system.

Adding to the never ending saga of P2P transfers, world’s largest broadcasters BBC has announced that this week that it would launch a three month widespread online TV service trial that to begin in September which will function as a peer to peer network.

Reports issued by the Government Accountability Office say that wireless networks in the US are leaving themselves open to attack because of lack of key security measures.

The Business Software Alliance (BSA) which includes among its members Microsoft, Apple, Adobe, HP and IBM has released its annual software piracy study.

The Controlling the Assault of Non-Solicited Pornography and Marketing Act, better known as the CAN-SPAM Act, came into effect in January 2004.

New regulations in relation to ‘cold calling’ came into force in June 2004. The regulations allow companies to block cold callers, but are they too complex to be workable?

Congress has passed a law that might pave the way for a US identity card. The Real ID Act, tagged onto a military funding bill, passed both the Senate and House of Representatives without full debate.

According to a media release from Australia Open Source Industry body (‘OSIA’), an alternative solutions based on open source software can help governments and companies clamp down on illegal copying of software and coding.

The UK’s Financial Services Authority (FSA) has reported on the security of outsourcing to India, finding that there are risks in terms of financial crime prevention and consumer protection.

A $400 million to settlement has been reached by US telecom giant AT&T to resolve all legal claims arising out of its former position as a controlling shareholder of Excite@Home, the ISP that folded when the dot.com bubble exploded.

The credit card industry, with the main companies Visa, Mastercard and Ammerican Express at the forefront has drawn up a set of more stringent guidelines in relation to online credit card data handling

If you process personal data you are under a legal obligation to process the data in accordance with the eight data protection principles as laid down in the Data Protection Act 1998 . Principle 7 is essential.

A new research suggests that most businesses leave their IT systems vulnerable to attack from the new age portable media devices like iPods, MP3 players, USB memory sticks etc.

Next time you receive a Windows update, you want to think twice before clicking that mouse. You could be installing a malicious virus known by the name of Trojan horse DSNX-05.

Derek Wyatt MP, Chairman of the All Party Parliamentary Internet Group, last week moved a 10 Minute Rule Motion in the House of Commons to amend the Computer Misuse Act (CMA) (1990).

The European Council had recently launched a consultancy process about access for all to information and communication technology (ICT) services inviting the European Commission and Member States to address the issue of removing technical barriers to people with disabilities to enable their active participation in the "Knowledge Based Society". The European Commission has now announced the results of its consultation exercise

Phishing is a form of online identity theft that uses spoof emails and fraudulent websites, among other techniques, to trick people into releasing personal financial data such as credit card numbers, account usernames, passwords, and, other personal numbers

Nepal passed The Electronic Transaction and Digital Signature Act 2004, also known as Cyber law, but is the legislation strong enough?

New software has been developed by spammers that will allow the invasion of spam onto even blacklisted systems. This is estimated to surge the number of spam emails so much so that it could be enough to send the global email system into an electronic ‘meltdown’.

London mayor Ken Livingstone has announced plans for new technology which will allow passengers to use their mobile telephones on London Underground.

Phishing attacks are on the increase and have now become more of a high priority e-mail security threat than internet viruses.

The European Commission is collecting views from the IT industry on whether or not Microsoft is complying with the anti-trust penalties imposed on it in 2004.

WIPO has reported an increase in domain name infringements

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Microsoft sues on a copyright claim and in turn gets sued for libel

China clamps down on the Sims

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The Freedom of Information Act 2000 came into force on 1 January and has caused a stir amongst those in the public authority sector who will be required to disclose information that should be available to the public. However, has the private sector overlooked the possible consequences of information being disclosed concerning business transactions with public authorities?

A bief guide on Lawdit's Escrow Services

Determining the scope of a licensing agreement requires careful planning and consideration

Look out for exemption clauses in IT contracts

An outline guide in respect of Phishing activity and measures that may be adopted

Which laws affect my website?

'Hey teacher, where's our royalties?!'

What to consider in a Hosting Agreement

What to watch out for - Confidential Information

Permitted Acts

A Gambling overview

The press and football go to war

Sample e-mail notice which addresses the usual confidentiality and liability provisions

The importance of having a contract in place when using some third party to process your data

8 Reasons to have terms and conditions

October 2004 is the date for compliance

If you have an agreement which provides for ADR- can you go to court to resolve a dispute without using ADR first?

A brief summary of first ownership rights revisited

Distance marketing of financial services: Regulations 2004

Flexible Working arrangements brief guide for employers and employees

An IT contractor has won a landmark case against the Inland Revenue over the IR35 tax

Legislation to watch out for in respect of e-mail monitoring

Enforcement of consumer law under the Enterprise Act 2002

In the recent case of BMI Bertollo Srl v OHIM the Board of Appeal was required to consider whether the application for the Community trade mark ‘Dieselit’ was confusingly similar to the registered Italy and Community trade mark ‘Diesel’.

Software agreements and licensing to take account of potentially unauthorised copying

Patents: Commission proposes rules for inventions using software

Contract Law in relation to contracts that are made on-line and the importnace of having terms and conditions on your website

Illegal act too remote to render contract unenforceable!

A review of the law on time of the essence.

Part 2 IP and warranties

Software Intellectual property and indemnities Part Three

Software Intellectual property and indemnities Part One

New start-up business- what insurance cover is required?

Software Escrow- definitions of Software/ Package and typical Release Events

Selling your business is likely to be the most important step you are likely to ever take. Buying a competitor business is going to be equally as challenging and much thought needs to be given as to the team you build.

General Security

Verisign

Please review your own standard terms and conditions.

In both the US and the UK IT Companies are on the defensive against a new fashion known as outsourcing

Are IT contractors under a duty to warn their clients?

A recent case raised the issue of free copying and free use of legal documents as a defence to copyright infringement

Outsourcing does not always guarantee cost savings

Is an ISP liable in Germany?

Hiding behind the corporate veil

The law of Privilege by Izaz Ali

The courts should be wary of finding agreements not reasonable when dealing with an application under the Unfair Contract Terms Act 1977 to IT contracts.

Do parties have equal bargaining positions in respect of a contract for the supply of goods?

A Court of Appeal Case has affected how IT companies need to review their contracts.

The Office of Fair Trading has recently been casting its net over computer companies. Do not be one of them!

The proceedings arose out of an agreement between the parties in the mid-1990s to import oil into Iran from countries around the Caspian Sea.

The following is a general guide as to what should be discussed between the purchaser and developer

The Without Prejudice maxim is designed to encourage parties to express themselves freely and without inhibition.

Are minor glitches in software classified a 'bug' or a defect and rendered the supplier potentially liable?

A recent High Court Case highlights the urgent need for third party escrow agents.

Tighten up the terms and conditions and stress these terms to your sales teams!

Current update

What implications does the EU Distance Selling Directive have?

The importance of Escrow Agreements and their use

What To Watch Out For, security and technical concerns addressed