Olympic organisers announce the toughest brand restrictions yet

April 25, 2012 under all posts

Olympic organisers announce the toughest brand restrictions yetThe Olympics brand police are out in full force with the most stringent brand restrictions ever seen in the Games. LOCOG, the event organisers, have put them in place to help protect the brands and broadcasters that have paid for it, but the Guardian reports that many are worried that it will limit the economic benefits of the event.

Bespoke legislation such as this is required by the International Olympic Committee (IOC) as part of a country’s bid for the games. The London Olympic Games and Paralympic Games Act was actually passed in 2006 but is coming to the forefront now as UK businesses seek to draw people in for the event. Not only is the Olympic logo and much of the terminology restricted, such as “Olympics”, “Games”, and “London 2012″, but the brand police have the power to do things like tape over manufacturers’ logos in the Olympic Village bathrooms and fine pub landlords for posting signs which say things like “Come in to watch the London Games!”

The area that will undoubtedly cause the most confusion is the online space. In Beijing, sponsors had virtually no online presence, but this year, athletes will be given a comprehensive social media and blogging handbook which outlines what they can and can’t say online. Athletes will be stopped from posting tweets about non-sponsoring brands and theoretically, LOCOG could fine attendees for sharing photos of the event on Facebook.

Still, the complexities of the rules have many wondering if UK businesses, especially small ones, will shy away from talking about the Games altogether. Non-sponsoring brands are being forced to get expensive legal advice so they don’t cross the line and many small businesses simply don’t have the resources to do this. Time will only tell how thorough the Olympic brand police will actually be, but for now it’s probably best to be safe rather than sorry.

See the full story and key rules on Guardian.co.uk

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Former cricketer wins £90k in Twitter libel suit

April 4, 2012 under all posts

Former cricketer wins £90k in Twitter libel suitWatch what you tweet. That’s one lesson that can be taken away from a recent court ruling which has awarded former New Zealand cricket captain, Chris Cairns, £90k in libel damages after he was accused of match-fixing on Twitter. The 24-word tweet was posted by Lalit Modi, the former chairman of the Indian Premier League (IPL), the Twenty20 franchise in India.

It seems the floodgates are now open. This is the first successful Twitter libel case in England and shows that posts on Twitter will be taken as seriously as those published in the mainstream press. Modi’s inability to defend his tweet in court, which he still says was a true statement, resulted in the hefty £90k fine plus £400k to pay for Cairn’s legal costs.

The BBC reports that the judge increased the damages from £75k to £90k after Modi’s lawyer repeatedly and aggressively insinuated that Cairn was a liar in his closing speech.

See the full story on BBC.co.uk

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Online dating sites to start screening for sex offenders

April 4, 2012 under all posts

Online dating sites to start screening for sex offendersOnline dating sites are a booming business in the US, with nearly 20% of Americans now meeting partners via the internet. But whilst it’s accepted that users might hide a few blemishes with a couple of retouched photos, should convicted sex offenders be able to keep their pasts hidden from view? A case last year against match.com has led to the site, along with other online dating services, to begin checking its clients against criminal databases.

The decision came after match.com was sued by Californian woman Carole Markin, who was sexually assaulted by a convicted sex offender she met on the site. Unaware of his criminal background, Markin went on two dates with the man before the attack. She launched the lawsuit against match.com in April of 2011, claiming that the site should be held partly responsibly and only asked that they start screening for sex offenders.

Although match.com claims no responsibility for the veracity of users’ profiles, they responded by commencing their sex offender screening program which had reportedly been in the pipeline for some time. Markin settled the case and other online dating sites have started criminal screening too.

See the full story on Independent.co.uk

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BT and TalkTalk lose appeal against online piracy legislation

March 20, 2012 under all posts

BT and TalkTalk lose appeal against online piracy legislationConsumers may now have to share the burden of policing the internet after TalkTalk and BT lost their recent bid to stop legislation designed to combat online piracy, The Independent reports. TalkTalk, BT and other UK internet service providers (ISPs) will now have to warn customers engaged in illegal file-sharing that they are infringing copyright, provide lists of alleged infringements, and shell out 25% of the costs of enforcing the new system. Many expect that the costs will ultimately be passed onto customers.

Although similar measures have seen a large decrease in illegal file-sharing in other countries, a legal expert has warned that music and movie sites could see a rise in hacktivist denial-of-service attacks. On the flip side, the creative industries say the legislation is necessary to help stop activity which causes them an estimated £400m a year.

See the full story on Independent.co.uk

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Great Britain shooting team member sues for libel in High Court

March 19, 2012 under all posts

Great Britain shooting team member sues for libel in High CourtChampion clay pigeon shooter and leading member of the Great Britain shooting team Nicola Heron has recently settled in a High Court libel case she filed against the sport’s governing body. Heron claimed that Terry Bobbett, the director of the sport’s governing body, wrote two defamatory emails about Heron which said she was both a bully and not to be trusted to communicate with the association’s staff members.

Suffering what she described as significant embarrassment, distress and an injured reputation, Heron sued for £50k. Heron claimed that Bobbett knew his allegations were false, or was at least reckless as to whether they were true or false.

See the full story on Telegraph.co.uk

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Apple’s Siri ads under scrutiny in possible class action lawsuit

March 19, 2012 under all posts

Apple's Siri ads under scrutiny in possible class action lawsuitIf you’ve seen the commercials for the Siri function on Apple’s iPhone 4S which answers questions about current Paris weather and locates family members with just a few words, you might have thought it was the future of technology. It might very well be, but for some users, the feature isn’t quite up to snuff.

Frank M. Fazio has launched a complaint against Apple over what he perceives as false and misleading advertising for the feature. He has complained that the feature does not perform as advertised and that Siri is often slow, unable to understand requests, and a drain on data usage causing users to go over on their monthly plans. Although equipped with a disclaimer which says that sequences are shortened, the commercials show Siri responding promptly and accurately, which for Fazio has not been the case.

Apple does have a fine print disclaimer on its website about Siri which informs users that the feature is only available in Beta and that it may not be available in all languages or areas. Nonetheless, this may be considered lack of information.

Fazio needs to prove damages of over $5m and get 100 other “similarly situated” iPhone 4S users on board to turn his complaint into a class action. We’ll keep you posted.

See the full story on VentureBeat.com

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Jackson’s back catalogue stolen from Sony

March 19, 2012 under all posts

Jackson's back catalogue stolen from SonyAlready having to pay out for last year’s huge PlayStation Network breach, Sony is in the spotlight again after the entirety of Michael Jackson’s back catalogue was stolen from the company by hackers. The cyber attack saw the illegal download of around 50,000 music files belonging to the singer, including some unreleased material. The files were estimated at around £160m making this the biggest attack on a music company ever.

The Daily Mail reports that Sony paid £250m for the the seven-year rights to the musician’s catalogue, including studio session material from the making of some of Jackson’s biggest albums. The contract also allowed Sony to release 10 new albums featuring the material.

See the full story on MailOnline

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Agreement will force Apps to produce privacy policies

March 9, 2012 under all posts

Agreement will force Apps to produce privacy policiesSince 2004, the California Online Privacy Protection Act (COPPA) has required online services that collect certain types of data from Californian users to post a privacy policy which descibes how the information will be used. If they collect this data, Apps fall under this category, but a recent report has found that only about 5% have the appropriate privacy policies in place.

So from February 2012, California’s Attorney General and the companies controlling the major gateways to the App market – Amazon, Apple, Google, Hewlett-Packard, Microsoft and Research In Motion – will require App makers to submit privacy policies with new or updated Apps. Most of the time, these policies will be available at the point of sale. The companies will also assist in identifying any Apps which do not have a privacy policy in place, will report them and will take measures to ensure compliance.

See the full story on WilsonElser.com

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What exactly is Twitter?

March 9, 2012 under all posts

What exactly is Twitter? What exactly is Twitter? Well, that depends. In a recent Australian court battle concerning the social networking giant, there is some question as to whether Twitter is akin to a publisher of information, like a newspaper, or whether it’s more like a phone company which simply allows the transmission of messages. It’s no doubt a combination of the two, but with the legal landscape around social networking sites struggling to keep up with their enigmatic nature, it means there’s no clear answer when it comes to lawsuits.

Take a recent example detailed on Gigaom.com in which Australian TV personality Marieke Hardy made a tweet which falsely accused a man of setting up a blog to attack her. Though she was forced to pay somewhere around $15,000 in defamation damages, her victim wasn’t satisfied and is now going after Twitter as the message was featured on its homepage and also retweeted by Hardy’s followers. But is Twitter responsible for its user-generated content?

If Twitter did not interfere with user messages at all, the answer might be more clear-cut. Its role would be more like a phone company’s, a kind of company which doesn’t get sued for defamation. The problem is that Twitter does interfere. It often deletes post and blocks users for illegal activity, and because of this, some experts argue that the social network should be at least partially liable for the content it hosts.

In the US, blogs and companies like Twitter are protected from defamation cases under the Good Samaritan Act. But elsewhere the story is different, which leaves Twitter, a website used worldwide, open to lawsuits in other jurisdictions. Even if Australia comes to a concensus on what exactly Twitter is, there’s nothing to say other countries won’t disagree.

See the full story on Gigaom.com

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Netflix settles privacy lawsuit for $9 million

February 20, 2012 under all posts

Netflix settles privacy lawsuit for $9 millionNetflix will pay out $9m to settle a privacy lawsuit, reports PaidContent.org. Claimants have accused the movie rental and streaming company of illegally retaining customers’ rental histories. This violates California consumer laws and the Video Privacy Protection Act (VPPA), a 1988 law which originally applied to videocassettes.

The trouble arose back in 2011 when customers returning to Netflix found that their rental histories and personal information from previous subscriptions had been saved. The VPPA forbids video rental companies from disclosing customer information and also requires them to destroy certain data within one year.

As PaidContent reports, the VPPA has given Netflix a lot of trouble. Because of this law, Netflix is unable to offer the US market the ability to share their instant watching information with Facebook friends, even though this is available in nearly 50 other countries. They have issued a statement and are fighting to update the 24-year-old law in Congress.

See the full story on PaidContent.org

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