ECJ decides that hyperlinking does not Violate European Copyright Law

  The Court of Justice of the European Union (“ECJ”) held that the owner of a website may — without copyright holders’ authorization – redirect internet users (via hyperlinks) to protected works available on another freely accessible website. Case C‑466/12 Nils Svensson and Others v Retriever Sverige AB. A Swedish website published a list of […]

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Google’s online form to ask to be forgotten

After the recent Court of Justice of the European Union’s ruling holding that certain users of search engines can ask, in certain cases, to search engines to remove results for queries that include their name (Case 131-12), Google has uploaded a online form to ask for the removal. Google specifies that Google “will assess each […]

Social media gag order requested

A defense attorney is asking a Laurens County judge to issue an order to silence people connected to a murder case from public talking or posting about it. The victim’s mother has been posting to social media to remember her daughter. She dedicated a Facebook page to her and she is involved in rallies against […]

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Bidding on the name of a competitor firm to obtain a sponsored link above the competitor in a Google search does not violate Wisconsin’s privacy law

Under Wisconsin law use of a person’s name for advertising purposes without the person’s consent violates the right of privacy.  In Rottier, v. Cannon, 828 N.W.2d 876 (WI Ct. App. 2013), rev. denied, 839 N.W.2d 616 (2013), the defendant law firm purchased the names of the plaintiffs from Google, Yahoo!, and Bing. Whenever a searcher entered the names […]

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Data Retention Directive declared invalid by European Court of Justice

On April 8, 2014 the European Court of Justice declared invalid Directive 2006/24/EC (“Data Retention Directive”) on the retention of data generated or processed in connection with the provision of publicly available electronic communications or public communications networks. The directive establishes that providers must retain traffic and location data as well as related data necessary […]

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CCBE, second guidance on “Corporate Social Responsibility for the Legal Profession”

The social responsibility for businesses is an increasingly important topic. Lawyers and law firms are interested in this field under at least three perspectives: (i) as counselors for their clients on these issues; (ii) as suppliers of services to their clients, when they are asked to adhere to their clients’ code of conduct; and (iii) […]

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Search warrants apply to overseas email accounts of US-based providers

In a case of first impression, a New York Magistrate Judge held that US-based Internet service providers must turn over data stored overseas, if so requested by a U.S. government search warrant. The case itself addressed a search warrant issued to Microsoft for a customer’s data stored in Dublin, Ireland. More information on the Court […]

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Indiana lawyer sanctioned because he used a referral website that violated ethics advertising rules

In Re Anonymous, No. 45S00-1301-DI-33 (IND, April 11, 2014) On April 11, 2014 the Indiana Supreme Court concluded that an Indiana attorney (whose name was not disclosed – “Anonymous”) should be privately reprimanded because of his affiliation with a referral website (“Law Tigers”) that posted testimonials and distributed promotional material that did not contain an […]

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European data protection reform is imminent

On March 12, 2014, the European Parliament approved in its plenary section the Commission’s data protection reform proposal. The reform consists of two bills: a Regulation setting out a general EU framework for data protection and a Directive on protecting personal data processed for the purposes of prevention, detection, investigation or prosecution of criminal offences […]

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