CONTRACTING ON THE WEB

Kodak UK has settled claims by over 5,000 people who ordered a digital camera normally costing £330 after the company accidentally advertised it on its UK website for sale at £100 in January 2002. When a customer placed an order, the website responded with an automated email confirming the model and price as ordered by the customer. Kodak finally agreed to deliver cameras to all those who had placed orders. (The Independent, 1st February 2002)

(UK General 27 Feburary 2002)

HUMAN RIGHTS AND EXCEPTIONS TO COPYRIGHT

In July 2001 the Court of Appeal decided in Ashdown v Telegraph Newspapers, [2001] 3 WLR 1368; 4 All ER 666, that exceptions to copyright must be read in the light of the European Convention on Human Rights. This meant that, while Lord Ashdown would be denied the discretionary relief of an injunction in respect of the unauthorised publication of extracts from his diary in the Sunday Telegraph, he would be entitled to damages and/or an account of profits.

(UK COPYRIGHT - 27 February 2002) )

ROBBIE WILLIAMS AND COPYRIGHT REMEDIES

On 14 February 2002 Pumfrey J ordered that the pop singer Robbie Williams and his co-writer, recording and publishing companies pay to Ludlow Music, owners of the copyright in Woody Guthrie's "I am the Way" (also adapted by Loudon Wainwright III), 25% of the royalties earned from Williams' song "Jesus in a Camper Van", parts of which had previously been held to infringe copyright in the Guthrie lyrics. An injunction prohibiting future use and any new recording of the material was granted. Ludlow had asked for 100% of the royalties. Both sides have been granted leave to appeal.

(UK Copyright 27 February 2002)

Internet Plagiarism in Kansas

A school in Kansas has ordered the raising of grades for 28 pupils who had used material obtained from the Internet to complete biology projects and whose teacher had marked them at zero for plagiarism detected after she used a plagiarism website, www.turnitin.com. The teacher has resigned in protest. (The Times, 16 February 2002).

(World Copyright 27 February 2002)

Scottish Tour Company Wins Interdict

On 7 January 2000 Haggis Backpackers, a company running bus tours from Edinburgh, obtained an interim interdict in the Court of Session against another company, Scottish Tours, also of Edinburgh, to prevent them from using the domain names haggistours.com and haggisbackpackers.com. Haggis Backpackers domain name is haggis-backpackers.com. The interdict prevented Scottish Tours from using domain names including the word "haggis". The case followed an earlier one in September 1999 when Scottish Widows obtained interdict against a company called leisure probe Ltd, which had registered the domain names scottish-widows.com, scottish-widows.co.uk and scottish-widows.tm. Scottish Widows' main website was scottishwidows.co.uk.

Savills Issue Apology to Family of Sorley McLean

On 11 October 2000 the estate agents Savills, which is acting for John MacLeod of MacLeod in the sale of the Black Cuillin mountain range in Skye, issued a public apology to the family of the late Sorley Maclean, the great Gaelic poet, who lived on the island. The apology concerned Savills unauthorised use of Maclean's poem, "The Cuillin", in the brochure advertising the mountains for sale. Savills said: "We now accept that the poet may not have wished his work to have been used for this purpose."

For more on Maclean and his work, see http://www.jamesthin.co.uk/maclean.htm

COURT OF APPEAL UPHOLDS DYSON RULING

On 4 October 2001 the Court of Appeal rejected the appeal of Hoover Ltd against the judgement of Mr Michael Fysh QC that Dyson's patent for its Dual Cyclone bagless vacuum cleaner was valid and infringed by Hoover's Triple Vortex machine.

Judgment available at http://www.courtservice.gov.uk.

(October 2001)

William Hill Decision

On Friday 9th February the British Horseracing Board won their case against William Hill. William Hill had posted the horse-listings database on their website without licence or permission from BHB. It seems to be the first UK case on database right under the 1997 Regulations.

See http:www.courtservice.gov.uk/judgements/judg_home.htm.

Breach of Confidence and Spies: Attorney General v Times Newspapers

On 25 January 2001 the Court of Appeal permitted The Sunday Times to commence serialisation of the memoirs of former MI6 officer Richard Tomlinson. The imminent publication of the book in Moscow meant that its contents had already entered the public domain and could therefore be published in other ways. This principle applied whether the initial publication was at home or abroad or on the Internet or any other electronic medium. The newspaper did not have to seek the Attorney General's confirmation that the material had entered the public domain.

See htttp://www.courtservice.gov.uk/judgments/judg_hom.htm

A Right of Privacy in English Law

The newly-wed Catherine Zeta-Jones and Michael Douglas have become the first parties successfully to claim a right to privacy under English law following the coming into force of the Human Rights Act 1998 on 2 october 2000. The Act in effect incorporates into domestic law the European convention on Human rights, in particular Article 8 which provides a right to respect for private and family life. Zeta-Jones and Doulgas had sold to OK! magazine the exclusive rights to take and publish photographs of their wedding in New York on 18 November 2000. But Hello! magazine, a competitor of OK!, obtained and sought to publish its own photographs three days before the relevant issue of OK! was due to appear.

On 23 November 2000 the Court of Appeal discharged a High Court judgement granting the couple an interlocutory injunction against Hello! (15,750 copies of the magazine had already gone on sale), but on publication of its reasoning on 1 December held that they were likely to succeed at trial in showing that publication should not have been allowed and that they should receive damages. Sedley LJ said that there was a "powerfully arguable case" for "a right of privacy which English law will today recognise and protect...Mr Doulgas and Miss Zeta-Jones have a powerful prima facie claim to redress for invasion of their privacy as a qualified right recognised and protected by English law...What a concept of privacy does, however, is to accord recognition to the fact that the law has to protect not only those people whose trust has been abused but those who simply find themselves subjected to an unwanted intrusion into their personal lives." The couple's right was not lost by selling a major part of their privacy in a commercial transaction, since they had retained a "right of veto over publication of OK!'s photographs in order to maintain the kind of image which is professionally and no doubt also personally important to them. This element of privacy remained theirs and Hello!'s photographs no doubt violated it." Brooke LJ based his opinion more upon the established law of breach of confidence. The trial is expected to take place in 2001.

DTI and Data Protection Commission give conflicting advice

Conflicting advice has been given by the DTI and the Data Protection Commission as to how far employers can go in monitoring and reading employees personal e-mails.

See: http://news.ft.com/ft/gx.cgi/ftc?pagename=View&c=Article&cid=FT3UP4Z9NEC&LIVE=TRUE&TAGID=ZZAN4NDOC

UNIVERSITIES UK v COPYRIGHT LICENSING AGENCY

The hearing in the Copyright Tribunal on this case began in September 2001. The argument concerns the CLS's blanket licences to the universities for photocopying. There are three main issues: (1) the cost of copyright fees; (2) the licensing of course packs; (3) the licens(September 2001)ing of artistic works. The decision of the Tribunal is not expected for some time.

PARMA HAM IN ISSUE

On 8 February 2001 the House of Lords referred to the European Court of Justice the question whether the Consorzio del Prosciutto di Parma could protect the designation "Parma ham" against a British food processor (Hygrade Foods Ltd) which imported authentic boned hams from Parma but sliced and packaged them in Wiltshire before supplying them to Asda Stores Ltd for sale to consumers. In particular the packaging did not have the "corona ducale" mark of the ancient Grand Duchy of Parma which under Italian law has to be stamped upon the package.

See the judgments at http://www.parliament.the-stationery- office.co.uk/pa/ld199697/ldjudgmt/ldjudgmt.htm.

JAMES BOND 007 SIGNATURE TUNE, AUTHORSHIP AND DEFAMATION

On 19 March 2001 Monty Norman was awarded £30,000 damages for defamation in a Sunday Times article which had stated that he did not write the James Bond theme tune, although he had been receiving royalties as its composer since 1962 and is registered as its composer with the Performing Right Society. The newspaper claimed that the real composer was John Barry. It appeared that Mr Barry had orchestrated Mr Norman's original composition.

See http://www.scotsman.com and http://www.thetimes.co.uk at 20 March 2001.

House of Lords Ruling on Infringement by Copying of a Substantial Part

The House of Lords reviewed the meaning of s 16(3) of the Copyright Designs and Patents Act in speeches issued on 23 November 2000 and reported in The Times on 28 November 2000 The case, Designer Guild Ltd v Russell Williams (Textiles) Ltd (trading as Washington DC), was concerned with infringement of the copyright in the original artistic work comprised in a fabric design of the plaintiff. The trial judge had found that that the similarity of the two designs was due to copying and that the defendant's copying had been of a substantial part of the plaintiff's design. The Court of Appeal reversed although there was no challenge to the finding of copying; but it considered the issue of substantiality by examining the dissimilarities between the designs. The House of Lords found that this was the wrong approach, and that appellate courts should not interfere in this way with the trial judge's findings. Ladbroke (Football) Ltd v William Hill (Football) Ltd [1964] 1 WLR 273 (HL) established that substantiality depended on the quality rather than the quantity of what was taken. In cases of "altered copying" (copying with modifications, as here), the existence of similarities between the two works from which copying was inferred would also be determinative of the substantiality issue.

See http://www.thetimes.co.uk

Robbie Williams Infringes Copyright

Robbie Williams' song "Jesus in a Camper Van" was found to infringe the copyright of Woody Guthrie's "I am the Way" and of Loudon Wainwright III's adaptation thereof on 2 October 2000. Deputy Judge Strauss of the English High Court held that sufficient of the idea of Guthrie's song and of Wainwright's adaptation, which is that Jesus attracted bad luck by saying "I am the Way", had been taken to amount to substantial copying by Williams and his co-writer Guy Chambers. The amount of damages will be fixed at a later hearing. The complainers are seeking a 50% share of the revenues earned by the Williams recording.

Review of Patent Office

The second stage of the Quinquennial Review of the Patent Office has taken place and conclusions and recommendations agreed by ministers. Published report available on 'What's New' page on DTI web site at:

www.dti.gov.uk

30 April 2001

Viagra-related Patent Revoked in UK

Mr Justice Laddie has revoked Pfizer's UK patent on PDE-5 inhibitors, which are operative in the treatment of male impotency. In a decision of 8 November 2000, the court found that the invention had been anticipated because the effects of inhibiting the PDE-5 enzyme in the male body were already know before Pfizer filed its patent application in 1993. This ruling does not affect Pfizer's patent on Sildenafil, the main ingredient in Viagra, which is due to run until 2013.

See: http://globalarchive.ft.com/globalarchive/articles.html?offset=&query=Viagra+Patent&multiViewArticleId001110001861=001110001861#docAnchor001110001861

DTI seeks views on Software and Business Patents

On 1 November Patricia Hewitt, Minister for e-commerce and Kim Howells, Minister for Competition and Consumer Affairs, launched a consultation on the need for patents to protect computer programmes and internet trading methods. Ministers have initiated the debate in recognition of the impact of e-commerce and the Internet in transforming the UK economy. This comes following the publication of a European Commission consultation paper two weeks ago. (see EU Patents below).

Court Ruling in Favour of Dyson...UPDATE

On 13 October 2000 Dyson was granted an injunction against the further marketin of Hoover's infringing machine.

On 3 October 2000 Deputy Judge Michael Fysh QC of the English High Court held that Hoover, by producing and marketing its "Triple Vortex vacuum cleaner, had infringed the patent for bagless vacuum cleaners owned by Dyson. Dyson's Dual Cyclone machine, which is said to account for half the UK vacuum cleaner market, had been challenged commercially since March this year by the new Hoover machine. A hearing will be held on 13 October to determine whether an injunction should be granted and damages awarded.

The Dual Cyclone uses centrifugal force to separate dirt from air with the use of cyclonic technology. Hoover denied infringement and attacked the validity of the patent with a counter-claim for its revocation on the grounds of lack of novelty, obviousness and insufficiency, saying that there was nothing in the Dyson machine not already known in the industry. The judge, who had tried the two machines, found that both used cyclonic separation. Both also used as a design feature transparent materials to show the separation in action and the accumulation of dirt.

See www.the-times.co.uk of 4 October 2000.

INTERNATIONAL EXHAUSTION OF TRADE MARKS: ADVOCATE GENERAL'S OPINION (5 April 2001)

The Advocate General has pronounced in the joined cases C- 414/99, C-415/99 and C-416/99, Zino Davidoff SA v A & G Imports, Levi Strauss v Tesco. She stated that: In the case of parallel imports from non-member countries, the free movement of goods is not affected. In her examination of what constitutes 'consent', the Advocate General pointed out that the focus cannot be on how that concept is construed in national legal systems, stating that the objective substance of that concept can be reached only by means of an autonomous Community interpretation.

The rights to exclusivity deriving from a trade mark also include the right of the trade mark proprietor freely to determine the conditions under which he wishes to market his product and control its distribution. However, this right to control the initial distribution of goods within the EEA, which may, for example, also take the form of sales bans or territorial restrictions on the right of the first purchaser to dispose of the goods, is not unlimited inasmuch as importers have interests which merit protection and which must be taken into account.

In regard to parallel imports from non-member countries, it is therefore a matter for the national court to examine whether, in the circumstances of the individual case, the conduct of the trade mark proprietor can be construed as a waiver of his right to control distribution within the EEA. In such an examination, the national court must proceed on the basis of the principle of EEA-wide exhaustion.

The legitimate reasons which justify the proprietor in opposing further commercialisation of products bearing the trade mark do not include the actions of third parties or circumstances which do not affect the rights constituting the specific subject- matter of the right conferred by the trade mark. With regard to the issue of the absence or obliteration of batch code numbers, the Advocate General expressed the view that it is for the national court to examine whether the damage to the reputation of the trade mark is sufficiently serious in that respect.

For the opinion see www.curia.eu.int

Tesco and Levi Strauss in Battle at European Court of Justice

Tesco and Levi Strauss have been doing battle before the European Court of Justice this week. The question is whether Tesco can sell Levi Strauss jeans imported from outwith the EU.

The case has arisen because a number of judgements have recently produced conflicting answers. The Silhouette case, concerned sunglasses imported from Eastern Europe and sold within th EU. The court in that case held that imports from outwith the EU could be prevented by the brand owner. However, subsequently in the Davidoff case, Laddie J found that such imports could only be prevented if there was an express restriction placed on the importer. In a similar case in Scotland, the Court of Session came to the opposite conclusion.

And what arguments are being used? Apparently, one argument put forward by Levi Strauss was that such imports should not be permitted because sales staff in supermarkets would need specialist training to sell the jeans. Tesco have championed the consumer, and argued that prices will fall if parallel imports are permitted. However, a recent study by the National Economic Research Associates suggested that, at least in the short term, allowing parallel imports would cut prices by no more than 2 per cent. However, it would shift profits significantly from manufacturers to retailers. The outcome of the case is, needless to say, eagerly awaited.

See http://globalarchive.ft.com/globalarchive/articles.html?id=010122000337&query=Tesco+and+Levi+Strauss

22 January 2001

COPYRIGHT, FAIR DEALING AND HUMAN RIGHTS

On 18 July 2001 the Court of Appeal held in Ashdown v Telegraph Group that in rare cases Article 10 of the European Convention on Human Rights (freedom of expression) could be used to extend the "fair dealing" defences to copyright infringement claim set out in the Copyright, Designs and Patents Act 1988.

See The Times 1 August 2000 (http://www.thetimes.co.uk); judgment available at http://www.courtservice.gov.uk.

(October 2001)

EUROPEAN PARLIAMENT APPROVES DRAFT DIRECTIVE

On 14 February 2001 the European Parliament voted to approve, subject to only nine amendments, the Common Position on the draft Directive on Copyright in the Information Society. It is likely that the draft will be enacted soon, because the Parliament also decided to short-circuit normal legislative procedures.

COPYRIGHT AND HUMAN RIGHTS

On 11 January 2001 Sir Andrew Morritt V-C held that Article 10 of the European Convention on Human Rights (freedom of expression) could not be used to extend beyond the "fair dealing" and other statutory exceptions to copyright (Ashdown v Telegraph Group Ltd, Times 6 Feb 2001.

Seehttp://www.thetimes.co.uk
(see also http://www.courtservice.gov.uk/judgments/judg_home.htm 17/01/01).

Software Patenting

Patenting of software in the EU is under discussion.

See: http://globalarchive.ft.com/globalarchive/articles.html

EU Community Patent

The European Commission has proposed the creation of a Community Patent to give inventors the opportunity to obtain a single patent which would be valid throughout the European Union. Currently, patent protection can only be gained in each member state separately. The costs of obtaining patent protection in eight member states is three to five times higher than the cost of obtaining patent protection in Japan or the US. 25% of these costs is taken up in translating each application into the eleven official languages of the EU. This would no longer be required if the Commission's draft Regulation were adopted. Only English, French and German would be used in the first instance. The streamlined procedure would simply require that the entire application be lodged in one of these languages, with only the claims being translated into the remaining two languages. The Commission argues that this Regulation would considerably reduce the costs of obtaining patent protection in Europe and would contribute to ensuring a competitive, knowledge-based economy in Europe. It is recommended that the Community Patent should be available by the end of 2001.

A full text of the draft Regulation can be found at: http://europa.eu.int/comm/internal_market/en/intprop/indprop/2k-714.htm

European Commission Proposes Amendments to Brussels Convention 1968

The European Commission has published further proposals for amendments to the Brussels Convention 1968 governing cross border disputes. The proposals attempt a compromise between consumer lobby groups, who argue that consumers must be able to sue suppliers in the courts of the consumers domicile, and suppliers, who argue that such jurisdictional rules would mean that SME's would not set up web sites for fear of being dragged into court in the consumers jurisdiction. The recent amendment would allow cases to be brought in countries the online service is being "directed at".

See comments in the Financial Times at: http://news.ft.com/ft/gx.cgi/ftc?pagename=View&c=Article&cid=FT3MQLKK8FC&LIVE=TRUE&TAGID=ZZAN4NODOC

Genetic Testing and Life Insurance

The implications of genetic testing for life and health insurance.

http://www.economist.com/displayStory.cfm?Story_ID=398173

THE NAPSTER CASE

The US 9th Circuit Court of Appeals held on 12 February 2001 that the Napster free music service (http://www.napster.com) should be enjoined as infringement of copyright in the recordings downloaded by users of the service.

The court first found that the activities of the users constituted direct infringement of copyright, by way of reproduction and distribution, and that these were not in themselves justifiable by any fair use defence.

The court then moved on to consider Napster's liability for these infringements. It first addressed the issue of "contributory copyright infringement", the requirements for which are knowledge of infringing activity and causing or material contribution to that conduct. The court held that both requirements were met in Napster's activities. This was not just a case where the defendant made and sold equipment capable of both lawful and unlawful uses (cf the VCR case, Sony Corp v Universal City Studios 464 US 417 (1984)). While Napster's technology could become capable of lawful use, what mattered here was their actual knowledge of specific acts of infringement and their power to block these.

Next the court turned to Napster's liability for "vicarious copyright infringement", which arises when a defendant has the right and ability to supervise infringing activity and also has a direct financial interest in such activities. The court found the latter to exist in that Napster would in future gain revenue from its userbase, which it attracted and developed through the draw of the availability of infringing material. The court also found that Napster had the right and ability to police its system and failed to exercise that power. But the original injunction went too far in this respect, in failing to recognise that "Napster's reserved right and ability to police is cabined by the system's current architecture.

Napster's statutory defences, based on the Audio Home Recording Act of 1992 and the Digital Millennium Copyright Act safe harbour provisions were dismissed for purposes of granting the injunction, while recognising that the latter issue could be developed more fully at trial. Defences of waiver and copyright were also rejected.

The injunction was to be varied so that Napster did not have the entire burden of ensuring that no user infringements took place on their system. Instead, the burden was on the plaintiffs to notify Napster of copyright material on their system before Napster would have any duty to disable access. Nevertheless, Napster also bears the burden of policing the system within its own limits.

Full text of the judgment on http://www.riaa.com

14 August 2001

Napster Saga Continutues

Following the grant of the injunction against its on-line, user-to-user free music service, Napster has been seeking to make deals with the recording companies currently suing it. It proposes annual payments of $150 million for five years to Sony, Warner, BMG, EMI and Universal. The companies reacted unenthusiastically (Scotsman, 22 Feb 2001) and have identified a first batch of 135,000 copyright pieces available via the Napster service which, in terms of the injunction, Napster have to block from use within three days of being notified of their existence. However, it is reported that another company is making available to users of the service software which translates song titles into "pig Latin", making them unidentifiable for Napster's search and remove technology (Times, 13 March 2001).

See http://www.scotsman.com and http://www.the-times.co.uk

Napster Decision by US Federal Appeals Court

Napster, the music-sharing Internet service, may have to close after a US federal appeals court ruled it must stop trading in material it knows, or should know, is copyrighted. Last Monday's long-awaited decision was strongly critical of the service and said it helped users infringe copyright. The ruling, from a three-member panel of the court, stopped short of shutting down the service immediately, but imposed conditions with which Napster's free music-swapping service would struggle to comply. The decision could also have big implications for the way in which copyright law is applied to cyberspace. The decision outlined a restrictive view of what material can be copied online, even for personal use. Under the ruling, copyright holders will simply have to inform Napster of the existence of copyrighted works on its system and Napster will be obliged to remove the material.

Seewww.napster.com

Cartoon Cats and Intellectual Property

In the United States a 68-year old grandmother is preparing to fight a $20 billion global corporation in a record breaking dispute over a cartoon character. In another case Tony the Tiger is up again Exxon Mobil oil giant who has been using the tiger to sell petrol without Kellogg' consent. When Unilever shareholders met on 2 October to approve the $20 billion dollar acquisition of Bestfoods, few were aware of a dispute over one of the company's best-known products. Joan Crosby Tibbetts, 68, has been in and out of court for the past twenty years trying to prove that Bestfoods stole the name of the famous Depression-era cartoon character created by her father. If she wins the case which kicks off at the end of the year, the jury award will be the biggest ever in a trademark dispute. In the other case, Exxon Mobil lost a Supreme Court bid to end a legal skirmish with Kellogg's over its use of Tony the Tiger. In the 1990s, Exxon's tiger started marketing foods as well as gasoline, something which Kellogg's said caused consumer confusion and diluted its trademark. Its lawsuit seeks to prohibit Exxon form using its tiger in connection with sales other than gasoline.

Napster settles Copyright Action

Napster, the US website which enables free swapping of music files between its users, has settled one of the copyright infringement actions brought against it. The settlement is with BMG, the music division of the German media company Bertelsmann, which will now provide Napster with access to its complete back catalogue while Napster becomes a members-only service, charging a monthly subscription fee and paying royalties to BMG (See The Times, 1 November 2000).

Seewww.napster.com

Online music traders consider Napster alternatives

While the world waits for a panel of appellate judges to decide Napster’s fate, dedicated music lovers and file traders already have their eyes on other swapping technologies. Programs such as Gnutella, Freenet and OpenNap are already attracting thousands of people, helping to spur the evolution of peer-to-peer technology, or systems that allow people to search for and retrieve files from individual computers around the world. Many of these have been touted by file-swapping advocates as potential safe havens for Napster’s millions of music traders if the popular service is shut down in the courts. The RIAA has said it has not turned its enforcement resources onto the peer-to-peer world, but only because it is waiting for the legal issues surrounding the Napster case to be settled.

See www.napster.com for information on the Napster situation.

Legalisation of MP3.com

Several US congressmen have introduced a bill that would legalise the services for which MP3.com faces potentially hundreds of millions of dollars in copyright damages. Dubbed the Music Owners' Listening Rights Act of 2000, the bill would give companies the right to copy CDs, store them online and stream the songs individually to listeners who could prove they already owned a copy of the CD. That is almost exactly the same service that MP3.com offered to consumers this year, and for which MP3.com faces potential damages of $250 million. If passed, the bill could have far-reaching effects in creating online locker systems outside the control of the record companies. It will not, however, help MP3.com's situation - the lawsuit brought against it is for legal violations made under existing law, and changing a law in the future won't help it escape liability.

See www.mp3.com for further information.

Defamation on the Web

On 19 February 2001 Robert Owen J held in Totalise plc v Motley Fool Ltd and Interactive Investor Ltd (Times 15 March 2001) that an Internet service provider could compel website operators to disclose the identity of the source of defamatory material posted by an anonymous contributor to their discussion boards

See http://www.the-times.co.uk

British ISP Breaks Ranks on Child Porn

Thus, the owner of Demon Internet, has broken ranks with the rest of the UK ISP industry by stating it will remove all paedophilic material from its servers - even without being alerted to its presence.

This is the first such public action by a British ISP. Keith Monserrat, director of legal and regulation at Thus, said: "Business needs ethics and it is time someone took a stand. I feel very strongly on this issue. As a member of the business community and a parent we should object to child porn." He claimed ISPs need to take a stronger stand on regulation: "Self- regulation works to a point, but there are sites that always contain paedophilia and we want to take a legal stand and say that we will not tolerate it on our service." He claimed it is shoddy to argue that it is too difficult to police content on servers. "We need to force the issue," he said.

The Internet Watch Foundation (IWF) is undertaking a consultation to decide whether or not to recommend that newsgroups containing illegal content be dropped wholesale. Its current advice is that only articles and images be removed. The IWF is expected to debate the issue at its April meeting. Ruth Dixon, assistant chief executive at the IWF, said: "Given the volume of paedophilic content and the amount on the servers, it is not unreasonable to expect ISPs to monitor content on their servers."

Monserrat dismissed critics' claims that Thus was inhibiting free speech. "We do not want to act as a judge or a censor, but for too long ISPs have hidden behind a thin shroud that as the issue of responsibility has not been resolved the industry should do nothing. They have hidden behind the shroud and waited for someone else to do something first."

See: http://www.silicon.com/bin/bladerunner?REQUNIQ=982750996&30REQEVENT=&REQINT1=42814&REQAUTH=21046&3010REQSUB=

Alta Vista makes Legal Threats

AltaVista, the Internet search engine, is threatening to issue lawsuits to force companies using search techniques for which it owns the patent to pay it copyright. The company has claimed it owns a patent on "what the Internet is" - a method of indexing websites used by most search engines and company intranets. AltaVista owns 38 patents and has applied for a further 30. The company claim that the act of simply indexing a distributed set of databases is ultimately "what the Internet is".

Yahoo! Ordered to Bar French from Nazi Auctions

Jurisdiction over web sites and service providers on the Internet is a complex legal matter. A French judge has recently concluded that Yahoo! must block Nazi-content from its French auction sites. This has raised many concerns not least of which is the enforceability of the ruling in other countries. This article in the Economist examines some of the implications, and concludes that 'The French ruling could result in many .... restrictions by governments. This is an alarming prospect for many of the Internet's pioneers, or anyone else who opposes government censorship'.

See http://www.economist.com/displayStory.cfm?Story_ID=434168

Microsoft's Attack from Hackers

Microsoft's network has been attacked by professional hackers.

See http://news.ft.com/ft/gx.cgi/ftc?pagename=View&c=Article&cid=FT32EOFMTEC&LIVE=TRUE&TAGID=ZZAN4NDOC

Internet Libel

Although there are many software filtering packages (such as Net Nanny) available to screen out undesirable/illegal content such as pornographic or obscene words or images, in the nature of things no one up till now has been able to screen for words which might be defamatory. However, MoodWatch from Qualcomm gives a 1 to 3 'chilli' rating to emails before they are sent indication if they are possibly offensive. Could put a dent in increasingly common Internet libel settlements.

See the Independent on Sunday 15 October 2000

BMG Selling Music Online for Download

BMG , in line with a number of other record companies, is set to start selling music on line for download. However, the prices are not dissimilar to those for a CD and if consumers wish to make a copy, they will have to buy special equipment.

http://news.ft.com/ft/gx.cgi/ftc?pagename=View&c=Article&cid=FT3KWZR46EC

Hacking Contest Fails to Attract Entrants

The Economist reports that the music industry ran a contest to see who could crack the protection surrounding several music files it put on to the Internet. A prize of $10000 was said to have been available.

Seehttp://www.economist.com/science/displayStory.cfm?Story_ID=374764

Life on the Net

An interesting 10 part series on how to follow various hobbies and life interests on the Net from the Financial Times.

http://specials.ft.com/lifeonthenet/FT362U3HBDC.html

Wild Wild Web

First in a series of five reports on the 'Wild Wild Web' from the Financial Times, discusses the failure of toy sites backed by giants such as Disney

Seehttp://news.ft.com/ft/gx.cgi/ftc?pagename=View&c=Article&cid=FT3Z74ID4EC

ICANN TLD Applications

ICANN has posted the applications for new generic TLD's on its web site:

http://www.icann.org/tlds/tld-applications-lodged-02oct00.htm

Multilingual Domain Names

NSI has said that it will now accept applications for domain names in Japanese, Chinese and Korean.

http://www.networksolutions.com/catalogue/idnames/multilingual.html

Digital Revolution Fails to Live up to Promise

An article in the Economist discusses the failure of the digital revolution to take off in the way expected, due to bandwidth problems, and partly due to the failure to find a workable business model.

www.economist.com/displayStory.cfm?Story_ID=386104