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In this edition we look
at, amongst other topics, a number of infringement cases involving internet
operators across Europe, a French consumer group action relating to bundled
software, the new German Telemedia Act and the new UK information
requirements for corporate websites and emails.
If you have any feedback on this bulletin, please email
itelb@twobirds.com
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Implementation of French Law on
Author’s Rights: additional sanctions for circumventing DRM
Jeanne Méhaud,
Paris
The first decree
issued under the French DADVSI (French Law on “authors'
rights and related rights in the information society”) has been
published in the French official journal on 30 December 2006.
A bailiff affidavit has no probative value if
the investigation was not technically sound
Jeanne Méhaud, Paris
A
decision of the Paris Court of Appeal on 17 November 2006
illustrates the importance of having expert IT advice if a bailiff
is to provide an affidavit of technical matters in support of
litigation.
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French consumer association launches a
targeted assault on computer software bundling
Jeanne Méhaud, Paris
In mid
December, a leading French consumer body brought a judicial action
against Hewlett-Packard, Darty and Auchan to challenge the fact
that most PCs are sold with an operating system pre-installed
without consumers being given the option to refuse the software and
receive a price reduction based on the unpaid licence fee.
Sony found liable by a French Court on
grounds of misleading consumers and wrongful tying practice
Jeanne Méhaud, Paris
On 15 December
2006 the Nanterre first instance tribunal, following an action
brought by UFC-Que Choisir - one of the leading French consumer
associations - found against Sony in relation to claims of
misleading consumers and wrongful tying practice.
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Germany |
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German Telemedia Act introduces new rules
for New Media
Henning Krieg, Frankfurt
The new German
Telemedia Act is anticipated to come into force in March 2007. The
Act introduces new measures aimed at spam prevention, data
protection and the enforcement of intellectual property rights.
However, it fails to deal with the pressing issue over the extent
of the responsibility of Telemedia Service providers to monitor
third party content they host
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The
Netherlands |
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Distance Marketing of Consumer Financial
Services under the new Dutch Act on Financial Supervision
Huub de Jong, The Hague
On 1 January 2007,
the Act on Financial Supervision entered into force in The
Netherlands. This article discusses the
consequences for distance marketing of consumer financial services
by financial undertakings.
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Spain |
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Spain’s proposed implementation of
the Data Retention Directive
Alexander Benalal,
Madrid
The Spanish
Industry, Justice and Internal Affairs Ministries have issued a
preliminary draft of a law on Retention of Data regarding
Electronic Communications and Public Communications Networks which
is aimed at implementing the EC Directive 2006/24 on the Retention
of Data into Spanish Law. The proposed legislation will repeal the
existing provisions of the E-Commerce Act as well as any other
inconsistent legal provision. This will introduce significant
changes to the data retention regime in Spain.
Internet Service Provider's responsibility for hosted material
María Gómez
Rodriguez, Madrid
The Spanish
Supreme Court is considering a case concerning the liability of an
Internet Service Provider (ISP) for content hosted on its network
by a third party. The Court of First Instance and the Madrid
Provincial Court have held the ISP liable for infringing content –
apparently in contradiction to the E-Commerce Directive – and the
Supreme Court may refer the central liability question to the
European Court of Justice (ECJ).
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Sweden |
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Making cracked computer programs available to
a members’ network over the internet infringes copyright
Josefine Jonsson and Henrik Nilsson, Stockholm
On 22 November
2006 the Court of Appeal for Southern Norrland convicted a “data
cracker” for infringing the Swedish Act on Copyright in Literary
and Artistic Works.
Swedish Market Court dismisses claim in
internet deep linking case
Henrik
Nilsson, Stockholm
This article
concerns the recent Swedish Market Court decision to dismiss a
claim against a “buy and sell-site” for deep linking to adverts on
a competing site and permitting the use of a competitor’s name as a
Google keyword.
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UK |
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New information requirements for corporate websites
Patrick Camerer Cuss, London
From 1
January 2007, amendments to the Companies Act 1985 have increased
the amount of information that has to be disclosed in a company’s
electronic documents. Every company is now required to list its
registration number, place of registration and registered office
address on its website, order forms, faxes and other electronic
business letters.
Court of Appeal sets guidelines for wasted
staff time damages claims
Graham Smith, London
The Court of
Appeal has set out guidelines on what a claimant has to establish
in order to prove a claim for diverted staff time. This is
significant for IT project disputes, where claims for wasted staff
time are common.
No increased protection for search tools
and linkers
Graham Smith, London
The UK
Department of Trade and Industry (DTI) has released its long
awaited report on whether online intermediary liability protections
under the E-Commerce Directive should be extended to hyperlinkers,
location tool services and content aggregators.
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