Technology & Media update - Enews - July 2011

Updated July 2011

Data Protection, Privacy and Information

European data protection regulators says prior consent required for use of cookies (Article 29 Data Protection Working Party)

The Article 29 Working Party, which represents European national data protection bodies, has advised that a website user’s consent must be obtained before cookies are used. This statement contradicts the guidance published by the UK’s Information Commissioner.

FOI requests at unprecedented levels (Ministry of Justice)

Between January and March this year over 12,000 freedom of information (FOI) requests were submitted to public bodies. This represents the highest quarterly total since the first quarter the Freedom of Information Act was introduced.

Intellectual Property

Court rules online marketplaces responsible if they promote infringing sales (BBC)

The European Court of Justice (ECJ) has said that online marketplaces such as Ebay will be liable for sellers’ infringement of trade mark rights if they promote infringing sales or help such sellers with their sales pages. The ECJ clarified that marketplaces will not be responsible if they only allow third parties to display infringing goods on their websites.

Study shows £65bn invested in UK’s intellectual property rights (Intellectual Property Office)

A study published by the Intellectual Property Office (IPO) has stated that the total value of protected intellectual property rights up to 2008 was £65bn. This represents a doubling in the amount of investment in protected patent, trademark, design and copyright rights, the IPO said.

Ecommerce and Information Technology

OFT launches investigation of websites charging for free Government services (Office of Fair Trading)

The OFT has begun an investigation into whether companies are misleading customers by setting up websites designed to resemble official Government sites and asking for payment for services that would otherwise be free. The OFT is worried that sites like these may be in breach of the Consumer Protection from Unfair Trading Regulations.

PayPal will stop purchases from copyright-infringing sites (IFPI)

PayPal has amended its acceptable use policy to prevent its services being used to buy items that violate copyright or other intellectual property rights. This will particularly affect websites considered illegal by the International Federation of the Phonographic Industry (IFPI).

Technology and Media Litigation

Insurers run for the hills in the wake of the Playstation Network hack (BBC)

Zurich American Insurance has applied to the American Courts seeking a declaration that it does not have to help Sony with current or future legal action related to the data breach in April 2011. Sony is currently facing multiple claims and regulator investigations as a result of the breach.

Lucasfilm defeated in The Clone Wars, fought this time in the Supreme Court (BBC)

The original designer of the Star Trooper helmet has successfully defended a copyright claim from Lucasfilm. Mr Ainsworth has been making a living creating replica helmets. He successfully argued in Court that the helmet was a industrial prop and not a work of sculpture which limits Lucasfilm's design rights.

Communications

News Corporation ends takeover bid for BSkyB (The Guardian)

Following allegations of phone hacking at the News of the World, News Corporation has decided that its proposed acquisition of BSkyB would be too difficult to progress in the current climate.

ASA calls TalkTalk advert misleading (Advertising Standards Authority)

The Advertising Standards Authority (ASA) has ruled that a TalkTalk TV advert was likely to deceive customers by leading them to think they would save over £140 by switching provider. The ASA considered the advert to be making exaggerated and unsubstantiated claims.

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