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April 2008
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Latest Edition - April 2008
Contracts
Contractual discretion is limited, but (unless something different in the contract) there is still great freedom to exercise discretion - Socimer International Bank v Standard Bank, Court of Appeal...
Court of Appeal rejects evidence of prior negotiations when interpreting a contract – Chartbrook v Persimmon Homes, Court of Appeal...
Software licence agreements fail to provide clear and comprehensive information, says consumer body...
Consultation on new cooling off rights for consumers who receive visits from any businesses – even if solicited...
Copyright and Database Rights
Ireland’s biggest Internet service provider becomes latest target in crack-down on illegal file-sharing...
Computer game war turns into legal battle...
Cybercrime and Security
Three banks under concerted attack as phishing attacks dramatically increase...
Government unable to spend a mere £1.3m on funding national e-crime unit...
Data Protection / Privacy / Confidentiality
Three-quarters would give their personal data to anyone but just 1 in 10 trusts the Government or a retailer with their data...
Confidentiality fears as unqualified NHS staff given access to patient records held on national database despite assurances to the contrary...
More public authority data errors as prisoner database found to be incomplete and inaccurate with thousands of records missing important information...
European officials call for increased care to be taken when processing children’s data...
Information Commissioner changes focus for data protection enforcement...
Design Rights
No defence of innocent infringement of Community design rights – J Choo (Jersey) Limited v Towerstone Limited, High Court...
Domain Names
Numbers of domain name disputes reaching WIPO are at highest ever...
Freedom of Information
Information Commissioner orders disclosure of minutes of Cabinet meeting which had debated going to Iraq war...
Councils and contractors left with rubbish decision as ICO orders disclosure of confidential waste management contract...
Gambling
Compulsive gambler loses again as High Court throws out his claim for compensation – Calvert v William Hill, High Court...
IT and Internet Use
AOL buys Bebo for US$850m...
More than half of children admit to checking social networking sites during school lessons...
New bespoke user ad system gets rolled out in blaze of controversy...
UK by far the biggest in Europe on e-commerce...
Misleading Selling
Adult entertainment site caught by OFT in compromising position after unfair selling terms left users with annoying pop-up ads that they couldn’t remove...
Patents
High Court warns not to dismiss patents just because they relate to software, if they improve system performance – Symbian v Comptroller General of Patents, High Court...
High Court rules that Qualcomm patents are invalid – Qualcomm v Nokia, High Court...
BlackBerry sees off patent infringement claims – Research in Motion v Visto, High Court...
Trade Marks and Passing Off
Yahoo! did not infringe trade mark rights by allowing another person to sponsor the same term as the trade mark owner – Victor Wilson v Yahoo! UK Ltd, High Court...
US court rules that trade mark infringed when term used in paid listing heading...
Honda sent on its bike in attempt to show that it had not consented impliedly to parallel importers’ sales in the UK from outside the EEA – Honda v KJM, High Court...
Unsolicited Communications
ASA rules that ING Direct should not have conducted direct marketing to people who had opted out...
Spam more of a problem than ever, 15 years after the term was first introduced...