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Dealing with website content theft

28 Dec 2007
Posted in Intellectual Property Law

Website content theft is a common problem. Quality content can take a lot of time and effort (or money) to create – and it can be stolen in seconds by a child with a computer and a internet connection. Legal proceedings are the ultimate weapon, the nuclear option, in your armoury against website content theft. […]

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Database right: how it may protect your website

17 Dec 2007
Posted in Intellectual Property Law, Internet Law

Database right is similar to copyright, but distinct. Both database right and copyright may subsist in a single database quite independently. However, this note is concerned exclusively with the protection afforded to websites by database right, not copyright. In the UK, the key piece of legislation is the Copyright and Rights in Databases Regulations 1997. […]

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A very brief introduction to data protection

06 Dec 2007
Posted in Data Protection Law

The centrepiece of UK data protection law is the Data Protection Act 1998 (the “DPA”). This legislation was enacted pursuant to a European Directive. Data protection law governs the “processing” of “personal data”. “Processing” is defined in the Act to mean: “… obtaining, recording or holding the information or data or carrying out any operation […]

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Terms of use FAQ

04 Dec 2007
Posted in Contract Law, Internet Law

This brief FAQ contains answers to some of questions I get asked on a daily basis relating to website terms. What is the difference between T&Cs, terms of use, and disclaimers? In the context of websites, these are different names for often similar – and sometimes identical – documents. “T&Cs” or “terms and conditions” may […]

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Joint ownership of copyright

22 Nov 2007
Posted in Intellectual Property Law

Clients usually think that joint ownership of copyright is a good thing; lawyers (in the UK at least) usually think that it is a bad thing. Why? A number of old English cases (e.g. Lauri v Renad in 1892, Powell v Head in 1879) established that a joint owner will not be allowed to exploit […]

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The legal risks of running a website

13 Nov 2007
Posted in Internet Law

Many websites are inherently risky; indeed, some of the web’s most famous sites are built upon technologies and business models which test the boundaries of the law. Examples include eBay which, despite a vigorous IP enforcement programme, has over the years facilitated a massive online trade in pirated products; and YouTube, which still hosts huge […]

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Internet contracts and jurisdiction

14 Jul 0208
Posted in Contract Law, Private International Law

Issues of jurisdiction are important to online traders, not least because of the transnational character of many internet contracts. Private international law (also known as conflict of laws) is the legal subject concerned with jurisdictional questions – i.e. questions of where court proceedings may be brought. Private international law is international inasmuch as it is […]

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