Home > Legal Opinions tagged copyright

  • P2P Filesharing – appeal court orders O2 to disclose more names

    Giles Parsons

    Golden Eye was licensed on terms to bring copyright infringement proceedings against people alleged to have shared pornographic works. The High Court  did not find this agreement illegal but refused to order O2 to disclose alleged filesharers’ identities as that would ‘endorse’ the agreement, and be ‘tantamount to… sanctioning the sale of the Intended Defendants’ privacy and data protection rights’. The […]

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  • Some clarity emerges in the ongoing battle of the tablets!

    Peter Ellis

    A strong Court of Appeal (with 2 acknowledged experts in intellectual property), has ruled in favour of Samsung over Apple in the battle of the tablets. The Court has ‘dispersed the fog’ that the cloud of litigation created over the alleged infringement of design rights and has clarified the issues in dispute; given valuable advice […]

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  • Law Commission to Review IP Threats Provisions

    Laura Richards

    Protecting intellectual property rights requires a balance between those who seek to safeguard their IP rights and those who receive groundless threats. These claims take different forms, those with no basis for the allegation and those where there is no legitimate intention to litigate. These types of actions are becoming more prevalent. There have been […]

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  • O’Dwyer extradition raises copyright profile

    Laura Mackenzie

    As Cameron and Obama were recently discussing the current extradition laws between the 2 countries, Home Secretary Theresa May approved the extradition of Richard O’Dwyer to the US, after a UK court had earlier decided he could be extradited for copyright infringement for hosting sites that provided links to unauthorised copyright material on other sites, which […]

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  • ISPs lose appeal challenging the Digital Economy Act

    Laura Richards

    An appeal by BT and TalkTalk regarding measures to tackle copyright infringement online, a rapidly growing issue, has been rejected in the Court of Appeal. The ISPs (Internet Service Providers) challenged the provisions of the Act stating that they were incompatible with EU law, including the E-commerce directive. The decision rested on some key technical […]

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  • Copyright in football fixture lists – they think it’s ...

    Mark Daniels

    The Court of Justice has confirmed the Advocate General’s opinion (reported by Browne Jacobson) on copyright protection for football fixture lists. In its decision the court found that the determination of all the elements relating to a single football fixture (date, time, venue etc) is a data creation activity. As such, this activity is irrlevant […]

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  • Another one bites the dust! Nokia successfully attacks another IPC...

    Mark Daniels

    In the latest chapter in the long running telecoms patent dispute between Nokia and IPCom, the English High Court has ruled that IPCom’s European patent (UK), which related to the handover of mobile phones between different base stations (eg when the mobile user is on the move), was invalid as originally granted but allowed IPCom […]

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  • A scoop for all

    Sara McNeill

    The Copyright Tribunal has determined that the Newspaper Licensing Agency (NLA) must cut licence fees charged to end users of news monitoring services who receive emails containing online news clippings. Last year, in an action brought by the NLA against Meltwater, a media monitoring business, the Court of Appeal upheld the High Court’s decision that […]

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  • PCC considers copyright in iconic London images

    Ryan Harrison

    The Patents County Court (PCC) has found that copyright in a predominantly black and white photograph featuring a red London bus on Westminster Bridge (below left), was infringed by a later image created by combining two images using image manipulation software (below right). Although the two final images are clearly the product of different photographs, […]

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  • Richard Hooper calls for evidence on Digital Copyright Exchange

    Dave Drew

    Richard Hooper, appointed by the government to conduct a study of the Digital Copyright Exchange (DCE) proposed in the Hargreaves Report on intellectual property rights, has called for evidence from interested parties . Submissions must be made by Friday 10 February. The DCE is proposed as a solution to the problem of the collapsing value […]

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