After its announcement in May 2016, the multi-faceted UK Digital Economy Bill (‘Bill’) has progressed through Parliament and has recently been considered by MPs at the Public Bill Committee stage, during which various...more
As part of the European Commission’s Digital Single Market initiative, the European Commission has published a draft Regulation aimed at preventing traders from discriminating against customers located in other EU Member...more
Europe’s highest court has ruled that software owners have potentially greater rights to prevent the resale of back-up copies of their works than may exist in relation to the original licensed programs.
The Court of...more
Copyright reform is a key part of the European Union’s package of measures designed to create a Digital Single Market (DSM) in the EU. The European Commission’s view is of nothing less than a modernisation of EU copyright...more
10/11/2016
/ Copyright ,
Court of Justice of the European Union (CJEU) ,
Digital Single Market ,
Disability ,
EU ,
European Commission ,
European Economic Area (EEA) ,
Member State ,
Popular ,
Publishers ,
Remuneration
The Court of Justice of the European Union (CJEU) has ruled that, in certain circumstances, the act of posting a hyperlink to copyrighted works without the author’s consent may constitute copyright infringement. The crucial...more
Free Wi-Fi may come with more strings attached than anyone previously thought – at least in Europe. A recent copyright ruling of the highest European Union court may prove to be a double-edged sword for entities that offer...more
The process of Brexit will take time, and the implications for our clients’ business will unfold over time. Our MoFo Brexit Task Force is coordinating across all our offices and working with clients on your key concerns and...more
8/22/2016
/ CDPA ,
Community Designs ,
Copyright ,
Digital Single Market ,
EU ,
European Patent Office ,
European Union Intellectual Property Office (EUIPO) ,
European Union Trade Mark (EUTM) ,
Intellectual Property Protection ,
Member State ,
Referendums ,
Trademarks ,
UK ,
UK Brexit ,
Unified Patent Court ,
Unitary Patent
Sometimes, what’s omitted is more important than what’s included. And never more so than in relation to EU regulation and compliance. Providers of peer-to-peer platforms may have feared that a desire by the EU to...more
As part of the Commission’s Digital Single Market initiative, the European Commission has published a draft Regulation aimed at preventing traders from discriminating against customers based on nationality or location. The...more
8/18/2016
/ Cross-Border ,
Customer Protection Rule ,
Digital Single Market ,
Draft Guidance ,
E-Commerce ,
EU ,
European Commission ,
Exclusions ,
Geo-Blocking ,
Goods or Services ,
Internet Retailers ,
Member State ,
Non-Discrimination Rules ,
Proposed Regulation ,
UK Brexit
Online platforms have transformed the way we live and work and, as a result, platform operators have become some of the world’s leading brands. But the EU is concerned that Europe is not currently keeping pace with the U.S....more
Supreme Court Abolished Federal Circuit's Test for Willfulness -
On June 13, 2016, in Halo Electronics, Inc. v. Pulse Electronics, Inc., 579 U.S. ___ (2016), the Supreme Court unanimously abrogated the Federal Circuit’s...more
8/13/2016
/ Abuse of Discretion ,
Appeals ,
Attorney's Fees ,
Authorship ,
Books ,
Burden of Proof ,
Collaboration ,
Copyright ,
Copyright Infringement ,
Employee Mobility ,
Enhanced Damages ,
EU ,
European Union Intellectual Property Office (EUIPO) ,
European Union Trade Mark (EUTM) ,
Fee-Shifting ,
Film Industry ,
Halo v Pulse ,
Harmonization Rules ,
Kirtsaeng v. John Wiley & Sons ,
Objective Unreasonableness Standard ,
Patent Infringement ,
Patents ,
Preponderance of the Evidence ,
Prevailing Party ,
Remedies ,
SCOTUS ,
Screenplays ,
Seagate ,
Standard of Review ,
Trade Secrets ,
Trademark Registration ,
Trademarks ,
UK ,
UK Brexit ,
Unlawful Disclosure ,
Whistleblowers ,
Willful Infringement
A harmonized trade secrets protection regime is coming to Europe and the US. Until now, there has been a fragmented approach to trade secrets across Europe, with some countries having specific trade secrets legislation and...more
How To Protect Your Company’s Social Media Currency -
Today’s companies compete not only for dollars but also for likes, followers, views, tweets, comments and shares. “Social currency,” as some researchers call it, is...more
4/29/2016
/ Clickwrap Agreements ,
Data Security ,
Digital Single Market ,
EU ,
EU-US Privacy Shield ,
Internet of Things ,
IP License ,
Online Reviews ,
Protected Concerted Activity ,
Social Media ,
US-EU Safe Harbor Framework
The European Commission has published two draft directives on the supply of digital content and the online sale of goods that aim to help harmonise consumer law across Europe. In proposing these new laws, the European Union...more
Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we offer tips for a successful—and legal—advertising campaign; we examine a New York...more
3/9/2016
/ Advertising ,
B2C ,
Big Data ,
Digital Goods ,
Discovery ,
Discovery Rule ,
EU ,
Facebook ,
Federal Trade Commission (FTC) ,
Internet Retailers ,
Marketing ,
Mobile Apps ,
Native Advertising ,
Social Media ,
Terms and Conditions ,
User-Generated Content
On 12 January 2016, the long-awaited revised Payment Services Directive (“PSD2”) came into force in Europe. This replaces the Payment Services Directive (“PSD”) that has been in place since 2007. The deadline for EU member...more
2/3/2016
/ Data Security ,
E-Commerce ,
EU ,
European Banking Authority (EBA) ,
Financial Services Industry ,
FinTech ,
New Regulations ,
Popular ,
PSD2 ,
Technical Standards ,
Third-Party Service Provider
The mobile app has become the new face of business. It’s no longer sufficient to have a company website. More and more companies want a mobile app that users can download to their smartphones and easily access. It’s not...more
Is it stealing to take data without permission from a public website, or is it simply making use of resources that are made available to you? “Web scraping” or “screen scraping” is the practice of extracting large amounts of...more
3/13/2015
/ Big Data ,
Copyright ,
Copyright Infringement ,
Databases ,
EU ,
European Court of Justice (ECJ) ,
Infringement ,
Internet ,
Popular ,
Terms and Conditions ,
Web Scraping ,
Websites
In recent years, there has been an ongoing struggle between privacy and security, with many governments looking to increase their surveillance powers in the name of fighting terrorism and protecting the population. Following...more
In This Issue:
- Data for the Taking: Using the Computer Fraud and Abuse Act to Combat Web Scraping
- Google Glass Into Europe: A Small Step or a Giant Leap?
- Drugs and the Internet: FDA Distributes New...more
8/19/2014
/ ABC v Aereo ,
Accessibility Rules ,
Computer Fraud and Abuse Act (CFAA) ,
DMCA ,
EU ,
Food and Drug Administration (FDA) ,
Google Glass ,
Prescription Drugs ,
Social Networks ,
Web Scraping ,
Website Accessibility
From 13 June 2014, the consumer rights landscape in Europe will change. The EU Consumer Rights Directive (2011/83/EU) (the “CRD”) was introduced in 2011 with the aim of harmonising and simplifying consumer protection...more
In This Issue:
- European Court of Justice Strengthens the Right to Be Forgotten
- California AG Offers Best Practices for Do Not Track Disclosures; Crucial Compliance Questions Left Unanswered
- Snap...more
7/11/2014
/ Data Protection ,
Do Not Track ,
EU ,
European Court of Justice (ECJ) ,
Federal Trade Commission (FTC) ,
Internet ,
Personally Identifiable Information ,
Privacy Policy ,
Right to Be Forgotten ,
Snapchat ,
Social Media
Peer-to-peer (“P2P”) business models based on the Internet and technology platforms have become increasingly innovative. As such models have proliferated, they frequently result in clashes with regulators or established...more
Today, you would be hard pressed to find an organisation that does not use IT systems and the internet to conduct its business. While technology offers great benefits, it also brings risk. As technology becomes ever more...more
As businesses across the economic spectrum seek to develop personalized pricing strategies, the insurance sector continues to lead the way with renewed impetus behind telematics-based insurance offerings.
As...more