Dan Brown wins ‘Code’ case

The BBC is reporting that Dan Brown has won the preposterous case brought by writers Michael Baigent and Richard Leigh, who wrote the book The Holy Blood and the Holy Grail, in which many plot ideas from The Da Vinci Code are based. The claimants argued that Brown had stolen Read more

By Andres Guadamuz, ago

Creative Commons enforced in court

The first case (as far as I’m aware) enforcing a Creative Commons licence has come out in the Netherlands. The case involves famous podcaster Adam Curry, who had a number of pictures in Flickr under an Attribution-NonCommercial-Share Alike licence. Some of the pictures were taken by Weekend, a Dutch tabloid, Read more

By Andres Guadamuz, ago

KaZaa loses case

Unsurprisingly, Sharman Networks has lost their case in Australia. The Australian Federal Court has finally ruled in the case Universal Music Australia v Sharman License Holdings [2005] FCA 1242. The Court has ruled that Sharman Networks “authorised” copyright infringement. From what I understood from the ruling, “authorising” is the equivalent Read more

By Andres Guadamuz, ago

Grokster

So, I come back to the UK and the biggest decision in Cyberlaw in recent years has finally taken place. It was expected that the U.S. Supreme Court would produce a negative ruling against P2P manufacturers, and if one reads the press, this would seem to be the case. However, Read more

By Andres Guadamuz, ago

Microsoft loses on software patent

Microsoft has lost a patent infringement suit in California in a case brought by Guatemalan inventor Carlos Amado, who has obtained $9 million USD (not nearly as much as the $500 million USD that he had asked for). The claim deals with U.S Patent 5,701,400, a patent that protects a Read more

By Andres Guadamuz, ago

DVD protection ruled illegal in France

The Paris Court of Appeals has ruled against the copy protection mechanisms included in DVDs, called Content Scrambling System (CSS). Not too long ago the same mechanism was being enforced in American and Norwegian courts, and now they are declaring that the technology is a bit dodgy. The case was Read more

By Andres Guadamuz, ago

GPL granted an injunction in Germany

German courts continue to give credence to the GPL. A software company called Fortinet developed several security products, including firewall and anti-virus software. This was supposed to run on something they called “FortiOS”, which they claimed was their own operating system. The problem is that this operating system was actually Read more

By Andres Guadamuz, ago

OFT loses credit card test

Out-Law reports that the OFT has lost a test case about section 75 of the Consumer Credit Act. This section allows people to sue their credit card companies in cases of contract breach or misrepresentation for transactions ranging from £100 to £30,000 GBP. This case tested whether one could initiate Read more

By Andres Guadamuz, ago

ECJ erodes the database right

The ECJ has returned rulings on four different cases that seriously diminish the claims of companies that claim that the investment in synthesizing data compiled in a database does not count as substantial investment as required by the Database Directive. In each case brought before the court, an organizer of Read more

By Andres Guadamuz, ago