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Shoosmiths LLP | November 2008

Solicitor and commercial specialist Ross Woodham takes a technical and commercial look at Voice over Internet Protocol (VoIP), as it grows in popularity. VoIP has existed since the early 1980’s, but was only given serious commercial attention in the late 1990’s, since when the use of VoIP-based technology has grown steadily ...

Shoosmiths LLP | January 2009

Anybody who has ordered their Christmas shopping online or installed software will have encountered so-called 'clickwrap' agreements. With clickwrap, before being able to complete the order or install the software, you must indicate acceptance of the service provider's terms and conditions – with a simple click on the I agree button – before being able to proceed. This is the stark choice of “take it or leave it” for the digital age ...

Dykema | January 2009

What Happened Last week, the chairman of Satyam Computer Services Ltd., India's fourth largest information technology company, admitted to a stunning fraud. Fraudulent entries in the company's financial statements totaled in excess of US$ 1 billion, as compared to the actual financial state of the company. In response to the fraud, DSP Merrill Lynch Ltd., a local affiliate of Bank of America Corp ...

Shoosmiths LLP | February 2009

While they are an integral part of most businesses - often with a primary function of delivering cost savings and efficiencies - they must be kept up-to-date to ensure they achieve those aims. So now is a good time to undertake an IT systems review, and look at consolidation and streamlining. Changes to business structures, acquisitions and a system's age are other triggers for an IT stock take ...

ALTIUS/Tiberghien | February 2009

GENERAL 1. How can the government’s attitude and approach to internet issues best be described? The attitude of the Belgian government can be described as positive and their approach is proactive. In 2003, the Belgian authorities announced the introduction of ‘e-government’. The most important initiatives were the introduction of electronic identity cards (e-ID) for all Belgian citizens over 12, and the federal government’s information web-portal ...

ALTIUS/Tiberghien | February 2009

What is spamdexing? The Internet contains a lot of information. In 2002, the total number of web pages was estimated at 2.024 million; by 2005 this estimate had risen to 11.5 billion2. The ever- increasing amount of information found on the Internet also has disadvantages. In this jungle of information, it is getting harder and harder to see the wood for the trees ...

Shoosmiths LLP | March 2009

With the credit crunch likely to affect every aspect of the global economy, the prospect of declining revenue threatens to erode the profitability of many businesses. So the challenge is to preserve cash and cut costs. But how does this affect IT? Cutting back on IT projects is not necessarily an option.  Software is the engine of the modern enterprise. Indeed, for many organisations it is their primary source of competitive advantage ...

Shoosmiths LLP | April 2009

Software is part of the day-to-day fabric for most companies. And almost everyone who uses it does so with little or no thought about what happens should it fail, or if it is no longer available. However, the prudent software buyer will consider how to protect against failure of critical or bespoke software, which is where escrow may come in. Be warned, though ...

Shoosmiths LLP | April 2009

Virtually every business has some sort of website or presence on the internet, and it is often an integral part of the business. At the same time, many organisations use bespoke or customised software internally on a day-to-day basis, and undoubtedly attribute significant value to these assets, not least because the development of them probably required a significant investment via a third party developer providing the software ...

Shoosmiths LLP | May 2009

In early 2008, 'green computing' and the idea that companies were going to need to implement new measures to improve their green credentials was one of the hot topics in IT. You might have been forgiven for thinking that environmental concern would be among the first casualties of the credit crunch and the resulting recession ...

Lavery Lawyers | June 2009

As of June 13, 2009, Facebook Inc. allows Facebook users to create personalized usernames for their Facebook pages on a first-come, first-served basis. This new username availability now enables users to have their Facebook page and profile at an Internet address in the following format: “facebook.com/user”. Prior to the implementation of this new policy, each user was randomly assigned a unique identification number (for example: id = 123456789) ...

Shoosmiths LLP | July 2009

Mobile phone companies Vodafone and Telefónica O2 have agreed to pool their UK network infrastructure They are following the lead of H3G and T-Mobile, who are already one year into their joint consolidation project. The operators aim to share existing sites with the intention of reducing the total rent roll each company pays to landlords ...

PLMJ | November 2009

September has brought a novelty concerning the access to electronic communications infrastructure: the approval by the Ministry of the Environment of Decree-Law 258/2009, of 25th September ...

A raft of new legislation outlined in the Queen's Speech has been predictably derided as being unachievable in the limited parliamentary time available before the election.  However, the Government's Digital Economy Bill which was published last week, appears to have a certain amount of cross party support and may therefore make it to the statute book ...

Shoosmiths LLP | January 2010

A costly mistake by the Ministry of Defence (MoD) has highlighted the importance of careful drafting to ensure access to a software program’s source code. The source code is the line of code in which the software is written, in language intelligible to a suitably trained software developer. Through the use of a compiler, the source code is converted to object code which forms the software program ...

Haynes and Boone, LLP | February 2010

In what may be a new opportunity for cybersquatters, the Colombian .CO registry will soon allow for registration of domain names ending in simply .CO. Such domain names may be a prime platform for social networking sites and brand owners. As the registry explains, the acronym .CO can be associated with terms that include company, corporation, commerce, communities, content, connect, communication, collaborate, and consumers ...

Haynes and Boone, LLP | February 2010

The U.S. Patent and Trademark Office (USPTO) is modifying the computer program it uses to calculate Patent Term Adjustment (PTA) in light of the recent decision in Wyeth v. Kappos, No. 2009-1120 (Fed. Cir. Jan. 7, 2010). In Wyeth, the U.S. Court of Appeals for the Federal Circuit affirmed that the USPTO has been improperly calculating patent term adjustment under 35 U.S.C. § 154(b). The Federal Circuit’s decision will result in additional patent term for many U.S ...

Shoosmiths LLP | February 2010

The verdict has finally arrived in the long-running IT dispute between EDS and BSkyB, for which the trial ended over a year ago. With legal fees of around £70m and an anticipated damages award of £200m (against a contract reportedly worth only £48m), the case will change the landscape of supplying IT products and services forever.  EDS supplied a customer relationship management system to BSkyB ...

At the end of January, the 468-page judgement of BSkyB v EDS was published, nearly eighteen months after the court hearing closed.  Many, varied and worrying predictions as to the potential impact of this judgement had been made, but ultimately the judgement is unlikely to lead to radical changes in the relationship between IT and other suppliers and their customers ...

MinterEllison | March 2010

 2009 Prediction: Further penetration of Software as a Service (SaaS) Australia will see a proliferation of businesses adopting SaaS in 2009.  With no hardware, maintenance or upfront capital costs, SaaS will be seen as ideal for companies looking to control their costs in an uncertain economic environment.  Some analysts predict that the global SaaS industry may be worth as much as A$10.7 billion during 2009 ...

Just one day after the U.S. Court of Appeals for the Federal Circuit indicated that it would consider the current state of the inequitable conduct doctrine en banc in Therasense, Inc. v. Becton Dickinson and Co., a split panel of the Federal Circuit issued a decision in the case of Avid Identification Systems, Inc. v. Crystal Import Corp. affirming a lower court’s finding of inequitable conduct ...

Haynes and Boone, LLP | June 2010

On June 28, 2010, the United States Supreme Court announced its decision on Bilski v. Kappos regarding what inventions are eligible for patent protection. The decision affirms that business methods are patentable, although the specific business methods at the center of the case are not. While stating that no single test governs the issue, the Court approved of the use of the “machine-or-transformation test” that the Federal Circuit had distilled from earlier Supreme Court cases ...

Asters | September 2010

The Ukrainian telecommunications market has enjoyed dynamic growth over the last five years, with an increasing number of telecommunications operators. According to the National Communications Regulation Commission (the NCRC), the Ukrainian telecommunications regulator, the number of licensed telecommunications operators reached almost 1,500 in Ukraine in 2009. The NCRC reports stable development of the industry despite the global economic crisis ...

DORDA | September 2010

Social networks: Hype and its legal consequences published in: WirtschaftsBlatt,Author: Dr. Axel Anderl, LL.m., Mag. Martina Schmid Social networking platforms like Facebook, MySpace or XING are an increasing popularity. It has never been so easy to operate social networking ...

ALTIUS/Tiberghien | September 2010

Getting the Deal Through - e-Commerce 2011 Getting the Deal Through published a fully revised and updated seventh edition of e-Commerce, a volume in GTDT's series of annual reports published by Law Business Research. This  publication provides international analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners and business people ...

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