Danish Court Orders Ban on "Deep Linking" Danish Court Orders Ban on "Deep Linking"

Litigation
July 18, 2002July 18, 20022015-07-08
A Danish court recently ordered an Internet news service to stop its practice of "deep linking" to other sites. A "deep link" is a direct link to a specific web page within a web site, thereby bypassing the main page of the web site. "Deep links" are very common throughout the Internet. For example, the results provided by search engines are often lists of "deep links". The case before the Danish court stemmed out of a complaint against Newsbooster.com by the Danish Newspaper Publishers' Association (DNPA).
Deeth Williams Wall https://www.dww.com/articles/danish-court-orders-ban-on-deep-linking

Amazon.ca Overcomes Legal Hurdle Amazon.ca Overcomes Legal Hurdle

Information Technology
July 18, 2002July 18, 20022015-07-08
The Department of Canadian Heritage announced on July 10th, 2002 that Amazon.ca did not break Canadian foreign investment rules by setting up shop in Canada. As previously reported in E-TIPS, the Department of Canadian Heritage had launched an investigation to determine whether Amazon.ca fell under the jurisdiction of the Investment Canada Act, which requires booksellers to be majority-owned by Canadians. In coming to its decis
Deeth Williams Wall https://www.dww.com/articles/amazonca-overcomes-legal-hurdle

City of Liverpool Bans Use of Emails on Wednesdays City of Liverpool Bans Use of Emails on Wednesdays

Information Technology
July 18, 2002July 18, 20022015-07-08
In an attempt to force face-to-face communications in the workplace, Liverpool's city council has banned the use of internal emails by its staff – but only on Wednesdays. Before the ban, email accounted for 95% of internal communications between staff. The Liverpool council's chief executive implemented the one-day a week ban on email as an experiment to determine if email is really the most efficient way to communicate.
Deeth Williams Wall https://www.dww.com/articles/city-of-liverpool-bans-use-of-emails-on-wednesdays

Canadian.biz Domain Decision Appealed Canadian.biz Domain Decision Appealed

Domain Names
July 18, 2002July 18, 20022015-07-08
As reportedin the last issue of E-TIPS, the National Arbitration Forum ("NAF") recently ordered that the domain name Canadian.biz be transferred to Molson Canada, owners of the trademark "Canadian".
Deeth Williams Wall https://www.dww.com/articles/canadianbiz-domain-decision-appealed

US Court of Appeals Rules on Validity of Patents on Remote Database Access US Court of Appeals Rules on Validity of Patents on Remote Database Access

Patent
July 18, 2002July 18, 20022015-07-08
The US Court of Appeals for the Federal Circuit recently examined the validity of 3 patents relating to information access from a remote database in a patent infringement suit in the case of Netscape Communications v. Konrad. The patentee claimed that the information systems of several large corporate defendants fell within the patents.
Deeth Williams Wall https://www.dww.com/articles/us-court-of-appeals-rules-on-validity-of-patents-on-remote-database-access

"Notorious Typosquatter" is Ordered to Transfer Domain Name "Notorious Typosquatter" is Ordered to Transfer Domain Name

Domain Names
July 18, 2002July 18, 20022015-07-08
On June 25, 2002, a panel at the National Arbitration Forum (NAF) ordered that the domain name popularmachanics.com be transferred from "notorious typosquatter" John Zuccarini to Hearst Communications, Inc., owner of U.S. trademarks for Popular Mechanics and the domain name popularmechanics.com.
Deeth Williams Wall https://www.dww.com/articles/notorious-typosquatter-ordered-to-transfer-domain-name

The American Civil Liberties Union Warns of Monopoly by U.S. Cable Companies The American Civil Liberties Union Warns of Monopoly by U.S. Cable Companies

Information Technology
July 18, 2002July 18, 20022015-07-08
The American Civil Liberties Union (ACLU) released a report regarding high speed cable modem service providers in the U.S. (ACLU Report).
Deeth Williams Wall https://www.dww.com/articles/american-civil-liberties-union-warns-of-monopoly-by-us-cable-companies

Online Banking Doubles in Canada Over the Past Two Years Online Banking Doubles in Canada Over the Past Two Years

Payments
July 18, 2002July 18, 20022015-07-08
According to a new survey by the Canadian Bankers Association (CBA), the percentage of Canadians who bank primarily through the Internet has doubled in the past two years. Amongst other things, the survey shows Canadians use a variety of banking services to meet their needs and that they find these services beneficial.
Deeth Williams Wall https://www.dww.com/articles/online-banking-doubles-canada-over-past-two-years

Court Orders Gator to Stop Displaying Pop-Up Ads Court Orders Gator to Stop Displaying Pop-Up Ads

Litigation
July 18, 2002July 18, 20022015-07-08
The U.S. District Court for the Eastern District of Virginia has issued a preliminary injunction against Gator Corporation to stop displaying pop-up advertising over Web publishers' pages without the latter'spermission. The order was issued in a lawsuit filed against Gator recently by a number of major U.S.
Deeth Williams Wall https://www.dww.com/articles/court-orders-gator-to-stop-displaying-popup-ads

Canadian Competition Act Amendments Address Online Fraudulent Contests Canadian Competition Act Amendments Address Online Fraudulent Contests

Information Technology
July 18, 2002July 18, 20022015-07-08
On June 21, 2002, amendments to the Competition Act came into force. The amendments include allowing private parties to apply directly to the Competition Tribunal to address matters regardingrefusal to deal, tied selling, exclusive dealing and market restrictions. In addition, the amendments include a new provision that deals with the sending of a deceptive notice of winning a prize (S. 53).
Deeth Williams Wall https://www.dww.com/articles/canadian-competition-act-amendments-address-online-fraudulent-contests

Employers Coping with Employee Internet Abuse Employers Coping with Employee Internet Abuse

Information Technology
July 18, 2002July 18, 20022015-07-08
A survey performed by Personnel Today and Internet filter company Websense Inc. shows that almost one in four U.K. companies have fired employees for Internet misuse. Without an Internet use policy, companies may face unfair dismissal charges by a terminatedemployee or discrimination and constructive dismissal charges by offended co-workers.
Deeth Williams Wall https://www.dww.com/articles/employers-coping-employee-internet-abuse

Technology@Work Some European Airports Go Wireless as Toronto Airport Goes Cell-less Technology@Work Some European Airports Go Wireless as Toronto Airport Goes Cell-less

Information Technology
July 18, 2002July 18, 20022015-07-08
Cisco Systems is installing Aironet wireless LANs into 19 airport lounges across Europe. This service is aimed at business travelers with laptops or PDAs containing wireless cards.
Deeth Williams Wall https://www.dww.com/articles/technologywork-some-european-airports-go-wireless-as-toronto-airport-goes-cellless

Amazon.com Comes to Canada or Does it? Amazon.com Comes to Canada or Does it?

Information Technology
July 4, 2002July 4, 20022015-07-08
The recent entry of online retailer Amazon.com into the Canadian e-tailing scene through the start of the Amazon.ca website has caused some controversy. The Canadian Booksellers Association claims that the company is violating Canadian laws that restrict foreign ownership of booksellers.
Deeth Williams Wall https://www.dww.com/articles/amazoncom-comes-to-canada-or-does-it

CIRA Domain Name Dispute Resolutions Policy (CDRP) Operational CIRA Domain Name Dispute Resolutions Policy (CDRP) Operational

Domain Names
July 4, 2002July 4, 20022015-09-23
The Canadian Internet Registration Authority (CIRA) has certified two independent service providers under its Domain Name Dispute Resolution Policy (CDRP) to address disputes arising of .ca domain names. The British Columbia International Commercial Arbitration Centre (BCICAC) and Resolution Canada Inc., the service providers, will resolve disputes in accordance with the CDRP and the Rules.
Deeth Williams Wall https://www.dww.com/articles/cira-domain-name-dispute-resolutions-policy-cdrp-operational

CIRA Releases Market Research on Dot-ca Usage and Perception CIRA Releases Market Research on Dot-ca Usage and Perception

Information Technology
July 4, 2002July 4, 20022015-09-23
Market research commissioned by the Canadian Internet Registration Authority reveals that 45% of Canadian businesses have a web presence, with 48% using dot-com extensions and 38% using dot-ca.
Deeth Williams Wall https://www.dww.com/articles/cira-releases-market-research-on-dotca-usage-and-perception

Paid Placements in Internet Search Result in Action by FTC Paid Placements in Internet Search Result in Action by FTC

Information Technology
July 4, 2002July 4, 20022015-09-23
After an 11-month investigation, the U.S. Federal Trade Commission (FTC) has declared that search engine companies must clearly disclose to consumers the presence of paid placements displayed within search results. A number of search engine companies have been selling the top spots on search result lists. In many cases, it was not clear whether these paid placements were part of the actual results of the search. The FTC began its investigation after a complaint was received from the U.S.
Deeth Williams Wall https://www.dww.com/articles/paid-placements-internet-search-result-action-by-ftc

Canadian Privacy Commissioner Releases Findings on Online Database Leak Canadian Privacy Commissioner Releases Findings on Online Database Leak

Privacy
July 4, 2002July 4, 20022015-07-08
The Canadian Privacy Commissioner released his findings on the complaint by an individual that a company was not using appropriate security safeguards to protect information collected from participants in online contests. The Commissioner found the company in breach of the Personal Information Protection and Electronic Documents Act (PIPEDA).
Deeth Williams Wall https://www.dww.com/articles/canadian-privacy-commissioner-releases-findings-on-online-database-leak

Future Make-up of the ICANN Board Future Make-up of the ICANN Board

Domain Names
July 4, 2002July 4, 20022015-07-08
ICANN, the organization that oversees the Internet's domain name system, may soon have a very different face. During the ICANN annual meeting in Bucharest, the ICANN Chief Executive, Stuart Lynn, proposed limiting board members to representatives of business and government, which basically ends the appointment of members of technical and citizen groups. Adoption of this proposal would leave the ICANN board with no representation by Internet users.
Deeth Williams Wall https://www.dww.com/articles/future-makeup-of-icann-board

Cyber Security Insurance Coverage Cyber Security Insurance Coverage

Security
July 4, 2002July 4, 20022015-07-08
Companies operating in the U.S. may soon find it difficult to operate without cyber security insurance.
Deeth Williams Wall https://www.dww.com/articles/cyber-security-insurance-coverage

Ontario Considering New Legislation on Retail Tax on Software and Services Ontario Considering New Legislation on Retail Tax on Software and Services

Information Technology
July 4, 2002July 4, 20022015-07-08
The Ontario Government is considering drafting new legislation to address the issue of the applicability of the Ontario Retail Sales Tax to software and related services. At present, the government is going through a consultation process with industry organizations such as the Information Technology Association of Canada for Ontario. A copy of the draft legislation will be posted on the Website of the Ministry of Finance.
Deeth Williams Wall https://www.dww.com/articles/ontario-considering-new-legislation-on-retail-tax-on-software-and-services

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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