SAS Institute Inc v World Programming Ltd: Report and Analysis
David Cran and Louise Williams consider this major CJEU judgment and its implications…
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Intellectual Property
Monetary Penalty for NHS Trust
An NHS trust has had to pay a monetary penalty of £90,000 for a breach of the Data Protection Act 1998….
Outsourcing and TUPE
Rex Parry and Philip Davies consider how outsourcing may be affected by a new EAT TUPE decision that has obvious implications across the board, including for those in the IT sector…
Database Right: Latest High Court Judgment
The High Court has given judgment in a dispute about the use of online sports data relating to football matches…
Improving the EU’s Proposals for Extra-judicial Consumer Redress
Pablo Cortés outlines the recent proposals for ODR and makes constructive suggestions for improvements which will increase consumer confidence and take-up….
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SAS v WPL: No Copyright says ECJ
The functionality of a computer program and the programming language cannot be protected by copyright according to the latest judgment from the ECJ. The purchaser of a licence for a program is entitled, as a rule, to observe, study or test its functioning so as to determine the ideas and principles which underlie that program….
How Card-based Merchant Acquiring Really Works
A review of the Payment Services Directive by the European Commission provides an opportunity for Simon Deane-Johns to clarify its scope by reference to how the major card schemes actually work….
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Resale of Software Licences: Advocate General’s Opinion
According to the Advocate General, creators of computer programs may oppose the resale of ‘used’ licences which allow their programs to be downloaded from the Internet again. However, he suggests that they may not oppose the resale of ‘used’ copies, downloaded by their own customers from the Internet, given that their exclusive right of distribution relating to those copies is ‘exhausted’….
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Microsoft and Facebook in Patents Deal
It has been announced that Microsoft and Facebook have reached an agreement on the sale of some of Microsoft’s recently acquired patens – those bought from AOL…
Internet Libel and Amazon’s Immunity
A recent Internet libel case highlights the extensive reach of ‘immunity’ for information services providers. Laurence Eastham attempts to pick out the more interesting aspects of a 99-paragraph judgment….