Introduction It's a new dawn, it's a new day and it's a brand new Government. Not just a new Government if we are to believe what we are being told, but a whole "new" style of politics, not seen since the last coalition Government over 50 years ago.   The idea of combining existing ideas in different ways and improving on them in order to move forward is the theme of this month's edition of IPTC Inform. We look at how the coalition Government will impact the technology sector as a whole, assess what this will mean for companies, particularly in the IT sector. We also take a sounding of the view from inside the sector and highlight what are the threats and opportunities as we move into the life of the new parliament. We take stock of how recent Competition law decisions have affected the big players like BSkyB, and closer to home, how the FA Premier League has attempted to protect its rights in its fixtures listing. We explore the risks associated with ill thought-out recycling policies. Whilst the pressures to "go green" and recycle remain, we explore how data protection and security is being overlooked as companies seek to recycle equipment without giving thought to their existing obligations and incurring potentially serious penalties. This translates into a wider message of caution for all those driving innovation in the technology, media and telecommunications sector and a reminder that innovative solutions will still need to be legally compliant if they are to drive profits, rather than generate liabilities.   Kind regards   Alexander Carter-Silk Partner and Head of IP, Technology & Commercial

 

IPTC events

Webinars   E-Discovery and EU Data Protection Laws Thursday 10 June 2010, 4.30pm - 5.30pm (BST) Register   Data security: the top 5 risks and solutions   Thursday 24 June 2010, 4.30pm - 5.30pm (BST) Register

Competition law articles

 

EU Competition rules on distribution overhauled
New EU safe harbour rules on vertical agreements set new market thresholds, give greater detail on internet selling restrictions and greater supplier control over resale prices...read more 

 

Premier League and BSkyB tackle OFCOM over TV football

BSkyB and the FA Premier League look set to challenge an order of broadcasting regulator, OFCOM, for Sky to reduce the price at which it sells premium sports content to its broadcasting rivals. The case arises from Sky's exclusive rights to certain sports broadcasting rights, which it purchased from organisations such as the Premier League. ...read more

 

Data protection articles

 

CCTV in the EU – who's watching who?
Although the UK is reputed to have more CCTV cameras in public places than any other country in the World, it appears that not only the UK Information Commissioner but also data protection authorities from other parts of the EU are focusing on the proliferation of video surveillance especially in public places...read more

 

Electrical equipment should be designed and disposed of with data privacy in mind
'Privacy by Design' has again been pushed higher up the agenda for retailers and manufacturers of, for example, electrical and electronic equipment...read more 

 

Irish High Court rules that IP address is not personal data
The High Court of Ireland has ruled that an IP address does not constitute "personal data"...read more

 

More Binding Corporate Rules in the pipeline?
Following in the recent footsteps of multinationals like e-Bay, Hyatt Hotels, JP Morgan Chase, BP has become the latest global entity to have received approval of its Binding Corporate Rules (BCR) to protect its personal data...read more

 

Intellectual property articles

 

Are your databases copyrightable? Football Dataco Limited v Stan James (Abingdon) Limited
Non-copyrightable data can still attract copyright when arranged into a database, by two different routes – but the method of creation and compilation are vital...read more
 

"Do I NOT like that!" Court of Appeal Judge expresses horror at having to follow an ECJ decision he disagrees with
With the World Cup in the air, we are reminded of the former England manager's famous quote when expressing a contrary view to something that happened on the pitch: "Do I not like that" emphasis being on the "not". So now the legal equivalent has been uttered...read more

 

Technology articles

Intellect: State of the UK Technology Sector not as bad as feared?
UK Trade Association, Intellect, recently published its third State of the Technology Sector report. The report provides an update on state of the technology sector in the UK with analysis from Intellect on how sectors of the technology industry and market sectors are performing. The key points are covered in this article...read more

 

Promises, promises - what the coalition Government will mean for technology policy in the life of the next parliaments

Coalition usually means compromise, but in the sphere of technology the two parties do seem to be broadly in agreement, which will mean the looming spectre of contractual renegotiations for IT services companies, cash incentives for R&D and opportunities for SMEs to enter the market for public sector contracts on a competitive footing...read more

 

Software failure – Faulty Towers: Kingsway Hall Hotel Ltd v Red Sky IT (Hounslow) Ltd [2010] EWHC 965 (TCC)
A recent case relating to hotel booking software highlights the need for businesses to ensure their standard terms of business properly reflect the way they do business – failure to do so will mean that carefully crafted exclusion and limitation clauses may be struck out as unenforceable...read more 

Confusion, deception and the determined Judge – how courts deal with the bullying claimant
A recent case, SoftLanding Systems Inc. v KDP Software Limited [2010] EWHC 326 demonstrates that a court will clearly look for the justice of the situation in assisting it to make a decision on facts. The case demonstrates a number of lessons resellers and their licensors can learn in order to avoid disputes, and how not to litigate!...read more