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European Commission to consult over website take-down procedures

19 January 2012 | Paul Gershlick

The European Commission is going to consult this year over take-down procedures for websites. Under the Electronic Commerce Directive, websites have no liability for illegal content that they host as long...

Tags on this discussion: e-commerce E-Commerce Directive E-Commerce Regulations electronic commerce (EC directive) regulations Electronic Commerce Directive EU EU Directive European Commission European Union Directive illegal illegal website content Internet Internet use Internet user On-line Online online content take-down take-down policies take-down policy UGC unlawful user-generated content web web content web postings web site web sites Website website content websites

Google not liable for allegedly defamatory comments posted on its hosted service when brought to its attention as they were still disputed by the author – Davison v Habeeb and Google, High Court

20 December 2011 | Paul Gershlick

Google was not liable for allegedly defamatory comments posted about Davison on Google’s hosted service at blogger.com, despite the online service giant having kept the comments up even after being told...

Tags on this discussion: defamation defamatory e-commerce E-Commerce Directive E-Commerce Regulations electronic commerce (EC directive) regulations Electronic Commerce Directive High Court host hosting Internet service provider libel libellous libelous On-line Online online content take-down take-down policy web web content web postings web site web sites web-host webhost Website website content websites

L’Oréal battle with eBay worth it as ECJ delivers stunning victory for the cosmetics brand in battle against trade mark infringers – L’Oréal v eBay, European Court of Justice

27 July 2011 | Paul Gershlick

Some two years ago, the High Court ruled that eBay would not be jointly liable for trade mark infringements by its users who sold infringing products on its website. However, the ruling was referred to...

Tags on this discussion: brand brand protection branding brands CJEU Community Trade Mark Court of Justice of European Union Court of Justice of the European Union e-commerce E-Commerce Directive E-Commerce Regulations ECJ effective electronic commerce (EC directive) regulations Electronic Commerce Directive EU EU law EU trade mark European Community Trade Marks European Court of Justice European Union European Union law exemption High Court injunction Intellectual property Internet Internet access Internet connection Internet service provider Internet service providers Internet use Internet user IP IP rights IPR ISP liability liable On-line Online online content online marketplace online trading proportionate trade mark trade mark directive trade mark infringement Trade Mark Regulation trade marks trade marks directive trademark trademark infringement trademarks

Digital Economy Act judicial review challenge fails – R (on the application of BT) v BIS, High Court

28 April 2011 | Paul Gershlick

BT and TalkTalk have failed in their bid to get the Digital Economy Act judicially reviewed. The Act was rushed through just before the last Parliament broke up prior to last year’s General Election...

Tags on this discussion: copyright copyright infringement DEA digital Digital Economy Act Digital Economy Bill Directive download downloading e-commerce E-Commerce Directive E-Commerce Regulations Electronic Commerce Directive EU EU Directive EU law Europe European Commission European Union file-sharer file-sharing General Election High Court illegal illegal download illegal downloading infringement Internet Internet access Internet connection Internet protocol address Internet service provider Internet service providers Internet use Internet user IP IP address IP infringement ISP judicial review music downloads On-line Online online content P2P peer-to-peer unauthorised wash-up

OFT publishes strategy to increase protection of consumer rights when shopping online, including better enforcement

13 December 2010 | Mark Weston

The Office of Fair Trading has published a strategy document to better protect consumers who shop online in the UK. The OFT would like to undertake more effective enforcement, improve compliance by businesses...

Tags on this discussion: agreement agreements B2C business-to-consumer consumer consumer law consumer laws Consumer Protection (Distance Selling) Regulations consumers contract contracts distance selling directive Distance Selling Regulations e-commerce E-Commerce Directive E-Commerce Regulations electronic commerce (EC directive) regulations Electronic Commerce Directive Internet Internet economy Office of Fair Trading OFT Online online content online shopping shopping trading standards web web site web sites Website website content websites

Spanish court confirms YouTube not liable for copyright infringement in uploaded material

6 October 2010 | Mark Weston

A Spanish court has confirmed that YouTube is not liable for the infringement of copyright in videos uploaded by users. The user generated content site service provider only becomes liable if it fails...

Tags on this discussion: copyright copyright infringement e-commerce E-Commerce Directive E-Commerce Regulations electronic commerce (EC directive) regulations Electronic Commerce Directive EU Directive EU law European Union information society service information society service provider infringement Intellectual property intellectual property rights IP Online online content take-down UGC user-generated content web site web sites Website website content

CAP Code to apply to material on own websites

8 September 2010 | Mark Weston

The CAP Code is being extended to apply to material on organisations’ own websites. The CAP Code is a code of practice governing the content of adverts and marketing communications. It is administered...

Tags on this discussion: advertising Advertising Standards Authority ASA banner ad CAP code Consumer Protection (Distance Selling) Regulations data protection data protection act data protection directive distance selling directive Distance Selling Regulations e-commerce E-Commerce Directive E-Commerce Regulations electronic commerce (EC directive) regulations Electronic Commerce Directive email emails keywords misleading advertising Online online content search search engine search engines search result search term web site web sites Website website content

OFT takes action against websites that ‘misled’ consumers into paying a fee for free European health card

18 August 2010 | Paul Gershlick

The Office of Fair Trading has taken action against five websites that the OFT allege misled consumers into paying a fee for a free health card. When UK citizens go abroad within the European Union, they...

Tags on this discussion: brand branding brands consumer consumer laws Consumer Protection from Unfair Trading Regulations deception domain name e-commerce EHIC electronic commerce (EC directive) regulations Electronic Commerce Directive EU Europe European Union Internet misleading selling Office of Fair Trading OFT Online Website

High Court reinforces dangers of moderating comments on web site but web site MAY be ok if it does not moderate the actual post complained about – Kaschke v Gray and Hilton, High Court

13 April 2010 | Mark Weston | 2 comments

Kaschke was a local politician. Gray posted some comments on Hilton’s web site that Kaschke argued was defamatory. Kaschke sued both of them for defamation. Hilton argued that he had a defence under...

Tags on this discussion: defamation E-Commerce Directive E-Commerce Regulations Electronic Commerce Directive hosting libel moderating unlawful

No one liable if search engine’s summary of article in search result distorts meaning and makes it defamatory – Budu v BBC, High Court

8 April 2010 | Mark Weston

Neither a publisher of an article nor the search engine service provider should be liable if selected words taken from the publisher’s article by the search engine result changed the meaning and made...

Tags on this discussion: archive defamation E-Commerce Directive E-Commerce Regulations Electronic Commerce Directive High Court libel search engine search engines summary judgment

Page 1 of 212 »

Latest news and views tagged Electronic Commerce Directive

European Commission to consult over website take-down procedures

Google not liable for allegedly defamatory comments posted on its hosted service when brought to its attention as they were still disputed by the author – Davison v Habeeb and Google, High Court

L’Oréal battle with eBay worth it as ECJ delivers stunning victory for the cosmetics brand in battle against trade mark infringers – L’Oréal v eBay, European Court of Justice

Digital Economy Act judicial review challenge fails – R (on the application of BT) v BIS, High Court

OFT publishes strategy to increase protection of consumer rights when shopping online, including better enforcement

Spanish court confirms YouTube not liable for copyright infringement in uploaded material

CAP Code to apply to material on own websites

OFT takes action against websites that ‘misled’ consumers into paying a fee for free European health card

High Court reinforces dangers of moderating comments on web site but web site MAY be ok if it does not moderate the actual post complained about – Kaschke v Gray and Hilton, High Court

No one liable if search engine’s summary of article in search result distorts meaning and makes it defamatory – Budu v BBC, High Court

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