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Print articleLatest IT developments - IN BRIEF
January, 2005 - John Whelan
ICC Publishes Paper on Internet Governance
The Internet Corporation for Assigned Names and Numbers (ICANN), a private sector body based in California, currently operates the allocation of domain names and Internet Protocol addresses on a worldwide basis. At the World Summit on the Information Society in Geneva in December 2003, the issue of transferring ICANN’s role to the United Nations was raised by a number of developing countries. Governments have asked the UN Secretary General, Kofi Annan, to set up a working party to consider all aspects of internet governance. The International Chamber of Commerce (ICC) has published a paper entitled “Internet Governance”, which was prepared by ICC’s commission on E-Business IT & Telecoms, with the objective of clarifying issues and confusion relating to internet governance. The paper divides the issues into three main categories: technical engineering; co-ordination of the names and numbers systems; and public policy matters. The paper also contains a useful summary of how the internet works and who the main players are. The paper can be found on ICC’s website at www.iccwbo.org.
European Commission Launches New Website dealing with Free and Open-Source Software
The European Commission has launched a new website called “Free & Open Source Software” within the “Information Society” area of the Europa website europa.eu.int/information_society/activities/opensource/index_en.htm
The site provides information on activities conducted within European programmes and initiatives, with a view to raising awareness and understanding of free and open-source software generally, and links to some of the better-known websites covering the topic.
Google Inc. Obtains Transfer of froogle.co.uk Domain Name
An independent expert appointed under the UK’s Nominet dispute resolution service procedure has ordered a UK company to transfer the domain name froogle.co.uk to Google Inc. The independent expert found that Google had rights in respect of a name or mark which was identical or similar to the domain name in dispute, and that the domain name was an abuse of registration by its owner - LWD Internet.
WIPO Refuses to Transfer harrodssalon.com Domain Name to Harrods
WIPO’s Arbitration and Mediation Centre has rejected a complaint filed by Harrods Limited regarding the registration of the domain name harrodssalon.com on the basis that the business owner, Brenda Harrod, had a legitimate right to the use of the name. In line with trade mark law, the legitimate use of a trader’s surname as part of a domain name has been upheld despite being challenged by a powerful brand owner such as Harrods Limited.
IFPI Takes Legal Action Against Music File Sharers
The International Federation of the Phonographic Industry (IFPI) has announced legal action by recording industry associations in Denmark, Germany, Italy and Canada against nearly 250 alleged file sharers in those countries. These proceedings follow similar action in the US by the Recording Industry Association of America.
ICANN Considers Applications for Ten New Sponsored Top-Level Domains
ICANN has initiated a process whereby it has requested proposals for new sTLDs with applications to have been submitted by 16 March 2004. Applications for the following sTLDs were submitted in response:
.asia, sponsored by DotAsia Organization Limited (Hong Kong).
.cat, sponsored by Fundació puntCAT.
.job, sponsored by the Society for Human Resource Management (US).
.mail, sponsored by the Anti-Spam Community Registry (UK).
.mobi, sponsored by Mobi JV (working name) (Finland).
.post, sponsored by Universal Post Union (Switzerland).
.tel sponsored by Pulver.com (US).
.tel, sponsored by Telname Limited (UK).
.travel, sponsored by the Travel Partnership Corporation (US).
.xxx, sponsored by The International Foundation for Online Responsibility (Canada).
New Model Contract for Website Design and Maintenance Launched
The objective of a website design and development agreement is to ensure that the company gets the development that it requires by imposing an obligation on the designer to create the site according to the company’s specifications. A new model contract has been produced by the ISBA, the representative body for UK advertisers, IPA, representing advertising, media and marketing agencies and New Media Knowledge, representing web developers, with the help of specialist IP lawyers. The model contract can be obtained through the ISBA website at www.isba.org.
Don King Allowed to Sue in England for Defamation on the Internet
The boxing promoter, Don King, was granted leave to commence a defamation action against Lennox Lewis and his US lawyer in the English Courts in respect of allegations of anti-Semitism made against him on two US websites. The case reinforces the current approach of the Courts in determining jurisdiction in respect of internet defamation, namely, that a defamatory statement is considered to be published at the place where it is read, heard or seen, and not where the material was first placed on the internet.
ECJ Clarifies Law Relating to Unfair Terms in Consumer Contracts
The ECJ has held that it is for national courts rather than the ECJ to determine whether certain contractual terms in consumer contracts are unfair under the Unfair Contract Terms Directive. Where there is a question over whether a term is unfair, this case confirms that, in most cases, it will be for the national courts to determine the issue and it would be a waste of time referring the dispute to the ECJ. The case in question was: Freiburger Kommunalbaufen GmbH Baugesellschaft & Co. Case C-237/02, 1 April 2004
Intel’s Vote of Confidence in Ireland
Intel has just recently announced that it is investing €1.6 billion in a new wafer fabrication plant at Leixlip, County Kildare, Ireland. This is extremely significant news, not just because of the cash injection into the Irish economy, but because it will further boost Ireland’s reputation as a location for high-tech development of sophisticated electronic engineering products - the components to be produced at the new plant are so small that 3 billion of them will fit on a ten cent coin! It is expected that this is the first of many significant inward investments into Ireland this year. With Ireland’s highly skilled workforce and the favourable tax environment for foreign direct investment better than it has been for many years, it is becoming a very attractive location for technology companies.
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The Internet Corporation for Assigned Names and Numbers (ICANN), a private sector body based in California, currently operates the allocation of domain names and Internet Protocol addresses on a worldwide basis. At the World Summit on the Information Society in Geneva in December 2003, the issue of transferring ICANN’s role to the United Nations was raised by a number of developing countries. Governments have asked the UN Secretary General, Kofi Annan, to set up a working party to consider all aspects of internet governance. The International Chamber of Commerce (ICC) has published a paper entitled “Internet Governance”, which was prepared by ICC’s commission on E-Business IT & Telecoms, with the objective of clarifying issues and confusion relating to internet governance. The paper divides the issues into three main categories: technical engineering; co-ordination of the names and numbers systems; and public policy matters. The paper also contains a useful summary of how the internet works and who the main players are. The paper can be found on ICC’s website at www.iccwbo.org.
European Commission Launches New Website dealing with Free and Open-Source Software
The European Commission has launched a new website called “Free & Open Source Software” within the “Information Society” area of the Europa website europa.eu.int/information_society/activities/opensource/index_en.htm
The site provides information on activities conducted within European programmes and initiatives, with a view to raising awareness and understanding of free and open-source software generally, and links to some of the better-known websites covering the topic.
Google Inc. Obtains Transfer of froogle.co.uk Domain Name
An independent expert appointed under the UK’s Nominet dispute resolution service procedure has ordered a UK company to transfer the domain name froogle.co.uk to Google Inc. The independent expert found that Google had rights in respect of a name or mark which was identical or similar to the domain name in dispute, and that the domain name was an abuse of registration by its owner - LWD Internet.
WIPO Refuses to Transfer harrodssalon.com Domain Name to Harrods
WIPO’s Arbitration and Mediation Centre has rejected a complaint filed by Harrods Limited regarding the registration of the domain name harrodssalon.com on the basis that the business owner, Brenda Harrod, had a legitimate right to the use of the name. In line with trade mark law, the legitimate use of a trader’s surname as part of a domain name has been upheld despite being challenged by a powerful brand owner such as Harrods Limited.
IFPI Takes Legal Action Against Music File Sharers
The International Federation of the Phonographic Industry (IFPI) has announced legal action by recording industry associations in Denmark, Germany, Italy and Canada against nearly 250 alleged file sharers in those countries. These proceedings follow similar action in the US by the Recording Industry Association of America.
ICANN Considers Applications for Ten New Sponsored Top-Level Domains
ICANN has initiated a process whereby it has requested proposals for new sTLDs with applications to have been submitted by 16 March 2004. Applications for the following sTLDs were submitted in response:
.asia, sponsored by DotAsia Organization Limited (Hong Kong).
.cat, sponsored by Fundació puntCAT.
.job, sponsored by the Society for Human Resource Management (US).
.mail, sponsored by the Anti-Spam Community Registry (UK).
.mobi, sponsored by Mobi JV (working name) (Finland).
.post, sponsored by Universal Post Union (Switzerland).
.tel sponsored by Pulver.com (US).
.tel, sponsored by Telname Limited (UK).
.travel, sponsored by the Travel Partnership Corporation (US).
.xxx, sponsored by The International Foundation for Online Responsibility (Canada).
New Model Contract for Website Design and Maintenance Launched
The objective of a website design and development agreement is to ensure that the company gets the development that it requires by imposing an obligation on the designer to create the site according to the company’s specifications. A new model contract has been produced by the ISBA, the representative body for UK advertisers, IPA, representing advertising, media and marketing agencies and New Media Knowledge, representing web developers, with the help of specialist IP lawyers. The model contract can be obtained through the ISBA website at www.isba.org.
Don King Allowed to Sue in England for Defamation on the Internet
The boxing promoter, Don King, was granted leave to commence a defamation action against Lennox Lewis and his US lawyer in the English Courts in respect of allegations of anti-Semitism made against him on two US websites. The case reinforces the current approach of the Courts in determining jurisdiction in respect of internet defamation, namely, that a defamatory statement is considered to be published at the place where it is read, heard or seen, and not where the material was first placed on the internet.
ECJ Clarifies Law Relating to Unfair Terms in Consumer Contracts
The ECJ has held that it is for national courts rather than the ECJ to determine whether certain contractual terms in consumer contracts are unfair under the Unfair Contract Terms Directive. Where there is a question over whether a term is unfair, this case confirms that, in most cases, it will be for the national courts to determine the issue and it would be a waste of time referring the dispute to the ECJ. The case in question was: Freiburger Kommunalbaufen GmbH Baugesellschaft & Co. Case C-237/02, 1 April 2004
Intel’s Vote of Confidence in Ireland
Intel has just recently announced that it is investing €1.6 billion in a new wafer fabrication plant at Leixlip, County Kildare, Ireland. This is extremely significant news, not just because of the cash injection into the Irish economy, but because it will further boost Ireland’s reputation as a location for high-tech development of sophisticated electronic engineering products - the components to be produced at the new plant are so small that 3 billion of them will fit on a ten cent coin! It is expected that this is the first of many significant inward investments into Ireland this year. With Ireland’s highly skilled workforce and the favourable tax environment for foreign direct investment better than it has been for many years, it is becoming a very attractive location for technology companies.
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