http://blog.harbottle.com/dm A blog about Digital Media Law from the experts Thu, 29 Jul 2010 14:49:57 +0000 http://backend.userland.com/rss092 en Blog Author: Tony Ballard   Consultation documents on net neutrality published in June by Ofcom and the European Commission show signs of quite different approaches.  In so far as Ofcom perceives competition issues to lie at the heart of the debate it is wrong to do so.  Directive 2009/140, part of the ... http://blog.harbottle.com/dm/?p=33 Blog Author: Tony Ballard As between ISPs and rights owners, on whom does the burden of policing online copyright infringements lie?   In a judgment delivered on 23 June 2010, the US District Court for the Southern District of New York had no difficulty in deciding that it was a burden for ... http://blog.harbottle.com/dm/?p=32 Blog Author: Tony Ballard   On 12 March it was widely reported that a magistrates court in Wrexham convicted and fined one Darren Mattox for posting a message about his former girlfriend on Facebook.  Apparently he had called her by an offensive name.   He was prosecuted for having done so under section 127 ... http://blog.harbottle.com/dm/?p=31 Blog Author: Tony Ballard Illegal peer to peer filesharing continues to test the boundaries of the law.  Now the European Court of Justice is to consider it, because the SABAM v Tiscali (Scarlet) case is being referred to it.   When in 2007 a Belgian court ordered Scarlet, an ISP, to filter traffic ... http://blog.harbottle.com/dm/?p=30 Blog Author: Tony Ballard   Those who are familiar with the Legislative and Regulatory Reform Act 2006 will not be entirely surprised by clause 17 of the Digital Economy Bill or the amendments to it that Lord Mandelson has proposed.  They may, however, share some of the concerns that were expressed in ... http://blog.harbottle.com/dm/?p=29 Blog Author: Tony Ballard On 19 December 2009 the provision of television programme services on the internet or on mobile platforms without an Ofcom licence becomes an offence.   This is one of the lesser known consequences of the implementation of the AVMS Directive.  Since 2003, when the Communications Act was enacted, webcasters ... http://blog.harbottle.com/dm/?p=28 Blog Author: Tony Ballard The Digital Economy Bill proposes a reformulation of the public service broadcasting principle.   Not so long ago, the Government spoke of digital television bringing about the end of television as broadcasting and the beginning of electronic communications as a seamless web which transcended the old distinctions between television, ... http://blog.harbottle.com/dm/?p=27 Blog Author: Tony Ballard  "Would you tell me please," said Alice, "what that means?"* After lengthy consultations and the circulation to stakeholders of drafts, the Regulations implementing the AVMS Directive have been made and laid before Parliament. Unless Parliament intervenes, they will come into force on 19 December. In one sense, the Regulations ... http://blog.harbottle.com/dm/?p=26 Net neutrality in the US   Last Monday (21 September), the new Chairman of the FCC announced proposals for applying principles of non-discrimination and transparency to companies that control access to the internet.  Describing the rules that would implement these principles as not being about government regulation but about fair rules of ... http://blog.harbottle.com/dm/?p=25 Blog Author: Cate Haywood Metropolitan International Schools Ltd v (1) Designtechnica Corporation (2) Google UK Ltd & (3) Google Inc [2009] EWHC 1765 (QB) The High Court has set aside an Order to serve Google Inc out of the jurisdiction, on the basis that the defamation claim against it had no reasonable ... http://blog.harbottle.com/dm/?p=23