Domain: bailii.org
Stories and comments across the archive that link to bailii.org.
Stories · 6
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UK's Legalization of CD Ripping Is Unlawful, Court Rules
Last year the UK finally passed legislation to make the copying and ripping of CDs for personal use legal. After the legislation passed, several groups of rightsholders applied for a judicial review, arguing that the change would cause financial harm to them. (They suggested an alternative: taxing blank CDs and storage devices, sharing the resulting funds among rightsholders.) Now, the UK's High Court issued a ruling that agrees with them: "the decision to introduce section 28B [private copying] in the absence of a compensation mechanism is unlawful." The exceptions in place for private copying are now unlawful, and the UK government will need to amend the legislation if it is to have any meaningful effect. -
Microsoft Will Have To Rename SkyDrive
SmartAboutThings writes "A month ago, Microsoft was involved in a legal battle in the United Kingdom, when the court found that there was a conflict between Microsoft's SkyDrive and a trademark owned by the British Sky Broadcasting Group (BSkyB). Back then, the UK court ruled that Microsoft was infringing the BSkyB's trademark. And now we have confirmation that Microsoft will be forced to change the SkyDrive brand name. This is quite a big branding issue for Microsoft. What are they going to call it? DriveSky? And chances are that the name change will be worldwide and not only in the United Kingdom." -
Tesla Motors Loses Appeal Against BBC's Top Gear
TrueSatan writes "In a highly detailed decision, the UK Court of Appeal has rejected Tesla's appeal against an eartlier ruling by a lower court that, too, rejected Tesla's case. Reading through the decision it is clear that the judge saw Tesla's case as lacking sufficient detail and specific instances of proof to support each claim. The judge stated that that Tesla's chances of a successful appeal, should the case have gone to trial, were insufficiently high to justify holding a trial. He stated that Tesla's case had no real chance of success and in many notes picked appart Tesla's legal team's arguments. That said, he did not say that Top Gear were right or justified in portraying Tesla's vehicle in the way they did — merely that there wasn't a legal case for an appeal. One of the key flaws in Tesla's case, according to the judicial decision, was Tesla's inability to show that actual pecuniary harm, with detailed financial figures, had occurred." -
UK Anti-Piracy Law Survives Court Challenge
Grumbleduke writes "The UK's controversial Digital Economy Act survived its second court challenge today. Two ISPs had appealed last year's ruling that the measures included did not breach EU law and, for the most part, the Court of Appeal agreed, ruling in favor of the Government and the 10 unions and industry groups supporting the law in court. The decision was welcomed by the industry groups, but criticized by the UK's Pirate Party, whose leader pointed to the lack of evidence that the law would have any positive effects. A UK copyright specialist noted that the ISPs may still appeal the decision to the UK's Supreme Court, seeking a reference to the Courts of Justice of the European Union, and wondered if the law could now attract the same attention from the Internet as SOPA and ACTA. The law is still some way from being implemented, and the first notifications are not expected to be sent to alleged file-sharers before 2013, and the next steps could also be open to a legal challenge." -
UK Anti-Piracy Law Survives Court Challenge
Grumbleduke writes "The UK's controversial Digital Economy Act survived its second court challenge today. Two ISPs had appealed last year's ruling that the measures included did not breach EU law and, for the most part, the Court of Appeal agreed, ruling in favor of the Government and the 10 unions and industry groups supporting the law in court. The decision was welcomed by the industry groups, but criticized by the UK's Pirate Party, whose leader pointed to the lack of evidence that the law would have any positive effects. A UK copyright specialist noted that the ISPs may still appeal the decision to the UK's Supreme Court, seeking a reference to the Courts of Justice of the European Union, and wondered if the law could now attract the same attention from the Internet as SOPA and ACTA. The law is still some way from being implemented, and the first notifications are not expected to be sent to alleged file-sharers before 2013, and the next steps could also be open to a legal challenge." -
Music Industry Sues Irish Government For Piracy
bs0d3 writes "The music industry has initiated a lawsuit against the Irish government for not having blocking laws on the books; on the theory that if blocking laws were in place then filesharing would go away. On Tuesday the music industry issued a plenary summons against the Irish government which is the first step towards making this litigation possible. This all began in October 2010 (EMI v. UPC), when an Irish judge ruled that Irish law did not permit an order to be made against an ISP requiring blocking of websites. Recently several ISPs across the European Union have been ordered by courts to block thepiratebay.org through legal maneuvers."