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When is hyperlinking lawful?

The Court of Justice of the European Union (CJEU), Europe’s highest court, has given its much anticipated ruling on when hyperlinking will be lawful (Svensson v Retriever Sverige AB). The dispute The dispute concerned four journalists who wrote for the Swedish newspaper Gӧteborgs-Posten.  The articles also appeared on the Gӧteborgs-Posten website.  Retriever Sverige (Retriever) operated … Continue Reading

European Union: the circumvention of copy protection measures can be lawful

A few days ago, the Court of Justice of the European Union (CJEU), Europe’s highest court, handed down a ruling which will be of interest to copyright holders who supply copy protected works and those who manufacture and supply devices designed to circumvent the copy protection. The result of the ruling is that those devices will, … Continue Reading

New CNIL guidance on cookie use

On 5 December 2013, the French data protection authority, the CNIL, published new guidance (with supporting user-friendly factsheets) on the use of cookies by businesses operating in France.  The guidance updates the CNIL’s informal recommendations on the use of tracing technologies first published at the end of 2011 (for further information see our articles in … Continue Reading

Beginning Of The End For “Sockpuppet” PR

Wikipedia’s parent company, Wikimedia, has recently sent a cease and desist letter to a PR firm for engaging in an activity known as “sockpuppetry”. For the uninitiated, “sockpuppetry” is essentially the practice of altering Wikipedia articles to make a company, person or client look better from a PR perspective. Wikipedia’s concern about this practice, is that it … Continue Reading

Gearing up for “Bitcoin Black Friday”

As the bitcoin community is gearing up for “Bitcoin Black Friday” on Friday, November 29, some explanation of exactly what are bitcoins and what legal and business issues they may present in the global marketplace may be helpful.  As Chairman Thomas R. Carper D (DE) recently stated: Virtual currencies, perhaps most notably Bitcoin, have captured … Continue Reading

CJEU ruling may end the practice of principal/agent forum shopping within the EU

The Court of Justice of the European Union (CJEU), Europe’s highest court, has recently handed down an interesting judgment on agency contracts. It ruled that express choice of law provisions will not be enforced in the EU against some commercial agents despite the general legal principle that parties should be free to choose governing law … Continue Reading

Review of the European Commercial Agents Directive

As part of its Regulatory Fitness and Performance Programme the European Commission has announced that it intends to evaluate the Commercial Agent’s Directive (86/653/EC) during 2014.  The results of this evaluation could have implications for technology companies doing business in the EU. This well-established but relatively unknown Directive grants commercial agents in the European Union … Continue Reading