Supermodel Naomi Campbell Loses Privacy Case Supermodel Naomi Campbell Loses Privacy Case

Privacy
October 24, 2002October 24, 20022015-07-08
The Daily Mirror won its appeal last week against supermodel Naomi Campbell. In February, the Daily Mirror published pictures of Ms. Campbell leaving a Narcotics Anonymous clinic and published articles detailing her alleged drinking and drug addictions and her subsequent treatment. Ms. Campbell has publicly denied taking drugs in the past. In March, the English High Court held that the newspaper was in breach of confidence and breach of the Data Protection Act 1998 and ordered the Daily Mirror to pay damages.
Deeth Williams Wall https://www.dww.com/articles/supermodel-naomi-campbell-loses-privacy-case

Washington Court Fines Defendant in First Anti-Spam Lawsuit Washington Court Fines Defendant in First Anti-Spam Lawsuit

Litigation
October 24, 2002October 24, 20022015-07-08
As an update to our September 26, 2002, E-tips article, Jason Heckel of Salem, Oregon, the first person to be found guilty under Washington state's 1998 Unsolicited Commercial Electronic Mail Act (UCEMA), was ordered to pay over $96,000 in costs in addition to a $2,000 fine for a violation of the UCEMA.
Deeth Williams Wall https://www.dww.com/articles/washington-court-fines-defendant-first-antispam-lawsuit

Ontario's Electronic "E-laws" - Bill Proposes Amendments to Evidence Act Ontario's Electronic "E-laws" - Bill Proposes Amendments to Evidence Act

Information Technology
October 24, 2002October 24, 20022015-07-08
Electronic statutes and regulations may soon be coming to an Ontario courtroom near you. Bill 179 2002, an Act to promote government efficiency and to improve services to taxpayers by amending or repealing certain Acts and by enacting one new Act, was recently given first reading in the Ontario legislature.
Deeth Williams Wall https://www.dww.com/articles/ontarios-electronic-elaws-bill-proposes-amendments-to-evidence-act

ICANN Selects Internet Society to Manage ".org" Domains ICANN Selects Internet Society to Manage ".org" Domains

Domain Names
October 24, 2002October 24, 20022015-07-08
The global Internet addressing authority, the Internet Corporation for Assigned Names and Numbers ("ICANN"), has voted to allow the Internet Society to manage the operation of the registry for the ".org" top-level domain. The Internet Society, a group of computer professionals based in Virginia, has established a new organization called the Public Interest Registry to be the registry operator.
Deeth Williams Wall https://www.dww.com/articles/icann-selects-internet-society-to-manage-org-domains

UK Court Adopts Virtual Pleas and Directions Hearings UK Court Adopts Virtual Pleas and Directions Hearings

Litigation
October 24, 2002October 24, 20022015-07-08
In an attempt to modernize the criminal justice process, the UK Minister of State for Criminal Justice, Sentencing and Law Reform in UK has launched a pilot project at the Manchester Crown Court for virtual plea and directions hearings. Prosecution and defence barristers will now be able to submit information for pleas and directions hearings to the court over a secure Internet website.
Deeth Williams Wall https://www.dww.com/articles/uk-court-adopts-virtual-pleas-and-directions-hearings

U.S. Appeals Court Limits Earlier Prohibition On Trade-marks in Metatags U.S. Appeals Court Limits Earlier Prohibition On Trade-marks in Metatags

Trademark
October 24, 2002October 24, 20022015-07-08
A recent order from the 7th Circuit U.S. Court of Appeals clarifies that court's earlier opinion in Promatek v. Equitrak (see E-tips article, August 15, 2002), by limiting, in two ways, the prohibition on one party's use of another's trademark in its HTML metatags.
Deeth Williams Wall https://www.dww.com/articles/us-appeals-court-limits-earlier-prohibition-on-trademarks-metatags

The First Dot-Ca Decision The First Dot-Ca Decision

Domain Names
October 24, 2002October 24, 20022015-07-08
The first dot-ca dispute decided under Canadian Internet Registration Authority's ("CIRA") new dispute resolution policy has been released. The domain name at issue was "redrobin.ca". The domain had been registered, but had not been used by the Registrant. The Registrant did, however, exchange letters with Red Robin International, Inc. ("Red Robin") offering to sell them the domain name.
Deeth Williams Wall https://www.dww.com/articles/first-dotca-decision

Websites Not Subject to Americans With Disabilities Act Websites Not Subject to Americans With Disabilities Act

Information Technology
October 24, 2002October 24, 20022015-07-08
In an October 18, 2002 order, the Federal Court in Florida has dismissed with prejudice a lawsuit brought against Southwest Airlines to force the airline to make its website compatible with accessibility software for the blind. As summarized in the October 10, 2002 E-tips issue, this proceeding involved the question of whether the definition of a "place of public accommodation" in the Americans With Disabilities Act (ADA) applied to a digital venue as well as a physical one.
Deeth Williams Wall https://www.dww.com/articles/websites-not-subject-to-americans-disabilities-act

Canadian Privacy Commissioner Releases Findings on Disclosure of Consumer Personal Information Canadian Privacy Commissioner Releases Findings on Disclosure of Consumer Personal Information

Privacy
October 24, 2002October 24, 20022015-07-08
On October 16, 2002, the Canadian Privacy Commissioner ("CPC") released a series of findings based on complaints that a number of companies had disclosed customer information without consent, for secondary marketing purposes. The complaints also alleged that the companies had failed to notify customers that personal data would be shared with affiliates and did not provide customers with an opportunity to opt-out of such disclosures. The complaints were brought by the consumer advocacy group, the Public Interest Advocacy Centre ("PIAC").
Deeth Williams Wall https://www.dww.com/articles/canadian-privacy-commissioner-releases-findings-on-disclosure-of-consumer-personal

Internet Jurisdiction — U.S. Court of Appeals Endorses Use of "Effects Test" Internet Jurisdiction — U.S. Court of Appeals Endorses Use of "Effects Test"

Litigation
October 24, 2002October 24, 20022015-07-08
Where do you sue when the damages were incurred over the Internet? The U.S. Court of Appeals for the Ninth Circuit has recently put its mind to the thorny issue of forum in the unpublished case of Northwest Healthcare Alliance Inc. v. Healthgrades.com Inc.
Deeth Williams Wall https://www.dww.com/articles/internet-jurisdiction-%E2%80%94-us-court-of-appeals-endorses-use-of-effects-test

Open Source Software Gets Boost in UK Open Source Software Gets Boost in UK

Information Technology
October 24, 2002October 24, 20022015-07-08
The government of the United Kingdom has given Open Source Software (OSS) a boost with the release of a new policy endorsing its use alongside traditional proprietary software. Open Source software is not free. It makes source code publicly available under a licence defined by the Open Source Initiative. The license allows the software to be freely modified and improved, so long as it is redistributed under the same open source licence terms. The Linux operating system is perhaps the most successful and best-known OSS product.
Deeth Williams Wall https://www.dww.com/articles/open-source-software-gets-boost-uk

Intel Loses Itanium Patent Ruling Intel Loses Itanium Patent Ruling

Patent
October 24, 2002October 24, 20022015-07-08
On October 11, 2002, the U.S. District Court for the Eastern District of Texas ruled that Intel's 64-bit Itanium and Itanium 2 processors infringed two of Intergraph's U.S. patents for Parallel Instruction Computing technology ("PIC"). In his decision, Judge T. John Ward found both of Intergraph's patents to be "valid and enforceable" and held that Intergraph was entitled to an injunction on the sale of Itanium processors.
Deeth Williams Wall https://www.dww.com/articles/intel-loses-itanium-patent-ruling

Ontario Government Introduces E-Consumer Protection Bill Ontario Government Introduces E-Consumer Protection Bill

Information Technology
October 10, 2002October 10, 20022015-09-23
On September 26, 2002, the Minister of Consumer and Business Services introduced Bill 180, to provide a more comprehensive legislative regime for consumer protection in Ontario. Bill 180 will consolidate and update six existing consumer protection laws to provide efficient consumer protection to meet the realities of the digital economy.
Deeth Williams Wall https://www.dww.com/articles/ontario-government-introduces-econsumer-protection-bill

U.S. Appeals Court Rules Against Netscape on End-User License Agreement U.S. Appeals Court Rules Against Netscape on End-User License Agreement

Litigation
October 10, 2002October 10, 20022015-09-23
The U.S. Court of Appeals (2nd Cir.) recently considered whether Netscape customers were bound by the arbitration clause in an end-user license agreement. In Specht v. Netscape, Netscape customers sued the company alleging that AOL's plug-in software, Smart Download, invaded their privacy by transmitting personal information back to the software provider when the plug-in was used to browse the Internet.
Deeth Williams Wall https://www.dww.com/articles/us-appeals-court-rules-against-netscape-on-enduser-license-agreement

WIPO Releases First Decision on .Name Generic Top Level Domains WIPO Releases First Decision on .Name Generic Top Level Domains

Domain Names
October 10, 2002October 10, 20022015-09-23
The World Intellectual Property Organization ("WIPO") recently released the first decision pursuant to the new policy on .name generic top level domains ("TLDs"). The Eligibility Requirements Dispute Resolution Policy for .name ("ERDRP") was approved by the Internet Corporation for Assigned Names and Numbers ("ICANN") on August 1, 2001 and governs the .name generic TLDs and related disputes.
Deeth Williams Wall https://www.dww.com/articles/wipo-releases-first-decision-on-name-generic-top-level-domains

Canadian Privacy Commissioner Releases Findings on Electronic Signature Canadian Privacy Commissioner Releases Findings on Electronic Signature

Privacy
October 10, 2002October 10, 20022015-07-08
Recently, the Canadian Privacy Commissioner released his findings on a complaint by two individuals that a courier company had improperly collected and posted their electronic signatures on the company's website without their consent. The Commissioner found that the courier company had breached the Personal Information and Electric Documents Act (PIPEDA) when it collected electronic signatures by requiring recipients to sign electronically as a condition for receiving their parcels.
Deeth Williams Wall https://www.dww.com/articles/canadian-privacy-commissioner-releases-findings-on-electronic-signature

Airlines Face Lawsuit for Website Incompatible with Americans With Disability Act Airlines Face Lawsuit for Website Incompatible with Americans With Disability Act

Information Technology
October 10, 2002October 10, 20022015-07-08
A blind man, Robert Gumson, and a Florida based disability rights group, Access Now, have filed lawsuits against Southwest Airlines and American Airlines. Gumson and Access Now are claiming that the airline companies' websites do not comply with the Americans With Disability Act (ADA). The airlines' websites are incompatible with the screen reader software program that blind individuals use to convert website contents into speech.
Deeth Williams Wall https://www.dww.com/articles/airlines-face-lawsuit-for-website-incompatible-americans-disability-act

U.S. Court Releases Trademark Decision on Limits of Anti-dilution Law U.S. Court Releases Trademark Decision on Limits of Anti-dilution Law

Litigation
October 10, 2002October 10, 20022015-07-08
The U.S. Court of Appeals (7th Circuit) recently vacated an injunction against Ruth Perryman, which prohibited her from using the term "BEANIE" or "BEANIES" or any colorable imitation. Ty Inc., the manufacturer of Beanie Babies brought the suit for trademark infringement against Perryman who sells second-hand beanbag stuffed animals - including Ty's Beanie Babies – on her Web site (http://www.bargainbeanies.com).
Deeth Williams Wall https://www.dww.com/articles/us-court-releases-trademark-decision-on-limits-of-antidilution-law

Digital Rights Management Report Released by Ontario Privacy Commission Digital Rights Management Report Released by Ontario Privacy Commission

Privacy
October 10, 2002October 10, 20022015-07-08
Recently, the Information and Privacy Commissioner of Ontario released a report entitled: Privacy and the Digital Rights Management (DRM): An Oxymoron? The report details the advent of DRM and discusses how DRM has evolved.
Deeth Williams Wall https://www.dww.com/articles/digital-rights-management-report-released-by-ontario-privacy-commission

KaZaa's International Structure May Save it From U.S. Copyright Law KaZaa's International Structure May Save it From U.S. Copyright Law

Copyright
October 10, 2002October 10, 20022015-07-08
The Recording Industry Association of America (RIAA) has sued Sharman Networks Ltd. (Sharman), for contributory copyright infringement for distributing its popular Kazaa file exchange software. This case presents two unique aspects which were not present in the Napster case. First, KaZaa does not control users through a central registry of all files on all computers, a fact which could provide Sharman with a defense to the U.S. action and distinguish it from Napster and other such cases.
Deeth Williams Wall https://www.dww.com/articles/kazaas-international-structure-may-save-it-from-us-copyright-law

Disclaimer: This Newsletter is intended to provide readers with general information on legal developments in the areas of e-commerce, information technology and intellectual property. It is not intended to be a complete statement of the law, nor is it intended to provide legal advice. No person should act or rely upon the information contained in this newsletter without seeking legal advice.

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