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IT & outsourcing e-bulletin - a round-up of developments
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- July 31 2012
Ofcom has published a revised version of the Initial Obligations Code for ISPs and copyright owners in an effort to tackle online copyright infringement as per the provisions of the controversial Digital Economy Act
General counsel update
- Herbert Smith Freehills LLP
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- China, European Union, Germany, Hong Kong, Indonesia, Mongolia, Singapore, United Kingdom, USA
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- July 11 2012
This is the thirtieth in our series of general counsel updates which aim to summarise major developments in key areas
Success of requests for further information in phone hacking proceedings depends on the nature of the information obtained, holds the Supreme Court
- Herbert Smith Freehills LLP
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- United Kingdom
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- July 6 2012
On 4 July 2012, the UK Supreme Court handed down its unanimous judgment in Phillips (Respondent) v Mulcaire (Appellant) 2012 UKSC 28
AG's Sportradar opinion: database right infringement takes place both in state of server storage and the state where customers received the data
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- July 4 2012
In a reference by the Court of Appeal in a case involving allegations of infringement of UK sui generis database right by services provided from servers outside the jurisdiction (Football Dataco & Ors v Sportradar GmbH & Sportradar, C-17311) the Advocate General (AG) has opined:Where a party uploads data from a database protected by the sui generis right onto that party’s web server located in Member State A and, in response to requests from a user in another Member State B, the web server sends such data to the user’s computer so that the data is stored in the memory of that computer and displayed on its screen, the act of sending the information constitutes an act of ‘re-utilisation’ (and hence infringement) by that party and the act of re-utilisation performed by that party takes place both in Member State A and in Member State B
A round-up of developments
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- May 24 2012
In the case of SAS Institute v World Programming Limited, the Court of Justice of the European Union (the "CJEU") has considered the limited extent to which certain elements of a computer program enjoy copyright protection
Cookie Law enforcement: coming soon to a website near you!
- Herbert Smith Freehills LLP
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- United Kingdom
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- May 21 2012
The deadline for compliance with the new "Cookie Law", requiring user consent for the use of cookies on websites is approaching on 26 May 2012
Data protection reform: fit for the digital age, or back to the drawing board?
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- March 30 2012
On Wednesday, 25 January 2012, the European Commission released its long awaited proposals to revise the 1995 EU Data Protection Directive (9546EC
Defamation: Reynolds public interest defence upheld by Supreme Court in Flood v Times Newspaper 2012 UKSC11
- Herbert Smith Freehills LLP
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- United Kingdom
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- March 28 2012
The Supreme Court has considered the “public interest” defence to defamation claims, first established in the House of Lords case, Reynolds v Times Newspapers 2001 2 AC 127
BT TalkTalk judicial review: linguistic tussles in EU law?
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- March 26 2012
The Court of Appeal has given judgment on BT and TalkTalk's appeal of the decision of the Administrative Court of April 2011 dismissing their judicial review of certain controversial provisions in the Digital Economy Act 2010 (the 'DEA') concerned with illegal file-sharing
General counsel update: 28 February 2012
- Herbert Smith Freehills LLP
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- European Union, Hong Kong, Spain, United Kingdom
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- February 28 2012
This is the twenty-eighth in our series of General Counsel Updates which aim to summarise major developments in key areas
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