Tag Archives: media & technology

ILN Today Post

The New Telecommunications Code: are you equipped?

After a long wait, the new Electronic Communications Code is due to come into force at the end of this year or early 2018. The new Code is a complete replacement of the existing Telecoms Code, introducing new procedures and timescales. Thekla Fellas gives an overview of the main changes to the Code and how the new procedures will work.

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ILN Today Post

The second hand digital market – US court rejects ‘First Sale’

Last year we reported on the European Court of Justice’s (ECJ) decision inOracle v UsedSoft (1), in which the court held that a licensee of computer software could legitimately sell it on a second hand basis, where the licence was akin to a ‘sale’ of the software.

We commented that, although the case was confined to software applications, it could have repercussions for the digital content industry if the principle that an effective sale meant the product could be resold on a used basis was applied more generally.  More…

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ILN Today Post

Implied consent from users is now sufficient for website cookies

In May last year we provided an update on the new cookie law (The New Cookie Laws – Digesting the Facts) which had been implemented in the UK following an EU Directive (see also The Cookie Diet).

The extent to which consent was required from a website user was an issue that was a concern for many website operators. At the time that the law was implemented, the UK Information Commissioner’s Office (ICO) had decided that any first time visitor to a website would have to explicitly consent for cookies to be used before that user could fully access the website. More…

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ILN Today Post

Nowhere to hide

This article was first published by New Law Journal on 14 December 2012, and is reproduced by kind permission.

Case law shows that anonymous internet users have no hiding place, says Sophia Purkis.

The growth of business conducted electronically has provided those with an eye to innovative commercial development with enormous opportunities. It has also created new challenges for those involved in the prosecution of civil wrongs. The courts have recently re-affirmed that they are not fazed by these developments and are applying established rules to meet more novel circumstances, including to identify those who (whether deliberately or not) are conferred anonymity by their use of the internet. More…

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ILN Today Post

The EU and US agency model proceedings – partial settlement

On 6 September 2012 the US District Court approved a partial settlement of the anti-trust proceedings that were begun by the US Department of Justice (DoJ) against Apple, Hachette, HarperCollins, Macmillan, Penguin and Simon & Schuster(1). The action is only partially settled, because the settlement applies only in relation to Hachette, HarperCollins and Simon & Schuster. The other defendants (Macmillan, Penguin and Apple) have all declined to enter into the settlement, and the trial of the matter is scheduled to commence in July 2013.

Hot on the heels of the US settlement decision, on 19 September the European Commission (Commission) announced that it was planning to partially settle its own investigation, of the same issue in relation to the same parties, on the basis of a proposed deal agreed with all parties other than Penguin.(2) More…

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