|
 |
Finland |
Gaming law in Finland – a regulated monopoly contrary to the EU Treaty?
Daniel Stranius and Jesper Nevalainen, Helsinki
In Finland all gambling and betting arrangements require a licence, including both online and mobile games of chance. Additionally, promoting and advertising gambling and betting arrangements in Finland without a gaming licence is prohibited. We discuss whether this prohibition complies with the EU Treaty, considering especially whether this regulated monopoly restricts the freedom to provide services within the EU.
Top
|
|
France |
Online TV recording service infringes copyright
Guillaume Jahan, Paris
This decision of the Paris Tribunal de Grande Instance concerned a company that provided a type of network PVR (personal video recording) service by recording user-selected television programmes and emailing them to the user. The court held that the service infringed copyright.
French judge forbids distribution of automated website scraping software
Sandrine Rambaud, Paris
In this article, we consider a French decision that software that extracts data from a website cannot be used, as it is an act of unfair competition.
Does the private copy levy include remuneration for illicit copies?
Julie Ruelle, Paris
The French supreme administrative court has issued a decision on whether a distinction should be made under the French private copy levy between legally copied and illegally copied files.
Top
 |
Germany |
Rapidshare required to monitor for user generated content that infringed copyright
Dr Fabian Niemann and Henning Krieg, Frankfurt
In Germany it is an established principle that a host can be made liable to monitor user generated content that infringes copyright. A host that has previously been made aware of infringing material on its platform can be injuncted, under the 'disquietor' principle, to stop it making similar content available; and placing it under a positive ongoing duty to monitor for infringements of copyright. However, until recently it was not clear what the duty to monitor actually covered. However, the Rapidshare case in the Hamburg regional appeal court has provided guidance as to how a company could comply with its duty to monitor.
German Federal Court of Justice decides that reprographic levies should not be raised on Personal Computers up to 2007
Dr Fabian Niemann, Frankfurt
This case looks at a recent decision in the German Courts regarding whether reprographic levies should be raised on personal computers. Since the end of 2007, new legislation has come into place in this area. Although PCs face copyright levy claims, no reprographic levies have to be paid up to 2007.
Google's image search in Germany threatened by recent court judgments?
Dr Fabian Niemann, Frankfurt
Two recent decisions of the Hamburg Regional Court have decided that Google's image search facility breaches German copyright law. The court granted rightholders an injunction to prevent Google from displaying protected images in thumbnail form on its online search results. The court held that the production of thumbnails was a breach of German copyright law. This decision may have far reaching consequences for Google's image search facility in Germany.
Online service providers do not need to provide a consumer telephone hotline
Jan Dirk Roggenkamp, Frankfurt
In Germany it has been unclear whether the E-Commerce Directive requires a telephone hotline to be made available to consumers, or whether it is sufficient to only have an email address that consumers can use to contact a company. The German Federal High Court referred this question to the European Court of Justice. The European Court held that a telephone number was not necessary, but that a second means of communication, such as a pro-forma template, was required.
Top
 |
Sweden |
Swedish ombudsman rules that cell phones should not be tracked when not engaged in calls
Henrik Nilsson, Stockholm
A new decision by the Swedish Chancellor of Justice, an independent ombudsman, limits the circumstances when location data on phones can be collected for law enforcement purposes. The information can only be collected when the phone is in use, i.e. not just switched on.
Top
 |
UK |
OFT issues guidance on the Consumer Protection from Unfair Trading Regulations
Rhian Hill, London
In the May edition of this newsletter, we reported on the Consumer Protection from Unfair Trading Regulations 2008 which came into force in May. OFT and BERR have issued guidance on how the Regulations are likely to apply. This guidance provides practical examples of the behaviour that is likely to fall under the Regulations.
Consultation on implementation of Data Retention Directive
Rhian Hill, London
The Home Office has issued a consultation paper on the implementation of the Data Retention Directive in relation to internet related data. The consultation ended on 31 October 2008.
High Court awards £22,000 in damages in privacy and libel claim over false Facebook profile
Abby Minns, London
This is the first UK case to go to trial concerning a false Facebook profile, resulting in the award of substantial damages. It illustrates how a court will go about determining whether the defendant did the acts alleged, when the claimant's evidence is based only on activity logs recording IP addresses, user IDs and similar information identifying a device, not a human being.
UK Government to clarify the law on suicide websites
Russell Williamson, London
The UK has announced plans to simplify the language of the Suicide Act, so that it is easier for individuals and ISPs to know when the Act applies. The changes are designed to reassure the public that the Suicide Act applies as much to online activities as to other activities.
Top |