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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