Managing Editor:
Javad Heydary (Heydary Hamilton PC)


Review Editors:
Bruce N. McWilliam (McMillan Binch LLP)
Martin P.J. Kratz (Bennett Jones LLP)
Michael G. Beairsto (Fraser Milner Casgrain LLP)
Sheldon Burshtein (Blake, Cassels & Graydon LLP)

Contributors to this Issue:
Parna Sabet (Blake, Cassels & Graydon LLP)

Christopher L. Bennett (Davis & Company)
 Jenifer Aitken (Borden Ladner Gervais)
Jeremy Spry (Canadian Broadcasting Corporation)
Lara Edwards (Heenan Blaikie LLP)
Maryam Mohajer (Torys LLP)

Glen Perinot (Heydary Hamilton PC)


To receive Laws of .Com by email, please send an email to subscribe@lawsof.com with the word "subscribe" in the subject line. To unsubscribe, please send an email to unsubscribe@lawsof.com with the word "unsubscribe" in the subject line.

For past issues of Laws of .Com, please visit the archive page.

Volume III, Issue 6: March 24, 2005

Maine Court Rules on Identifying Anonymous Internet Users

Google Loses Appeal in French Trademark Case

Michigan Court of Appeals Finds Union Owes Duty to Protect Employees from Identity Theft

French News Service Sues Google

Ongoing U.S. State-Federal Dispute over Internet Gambling

U.S. Banks May Have to Warn Customers of Suspected Identity Theft

French Court of Appeal Rules on Downloading

Maine Court Rules on Identifying Anonymous Internet Users

The Maine Supreme Judicial Court considered the right of a plaintiff to enforce a subpoena to identify an anonymous Internet user who injured the plaintiff by misappropriating his identity.  The plaintiff, Ronald Fitch, alleged that the anonymous user had misappropriated his identity, violated his privacy, portrayed him in a false light, inflicted emotional distress and committed fraud by sending e-mail messages that purported to have been sent by Fitch.  The Court ruled in favour of Fitch and held that the defendant's Internet service provider was permitted to release the identity of the defendant in response to a valid court order so long as it gave notice to the defendant.  In its decision, the Court acknowledged that the defendant may have raised a First Amendment claim but was prevented from doing so before the Court since the issue was not raised in the trial court.

For a copy of the decision, visit:

http://www.courts.state.me.us/opinions/2005 documents/05me39fi.htm

 

Back to Headlines

 

Google Loses Appeal in French Trademark Case

An October 2003 ruling against Google for trademark infringement was upheld by a French appeals court last week.  Google was ordered to pay US$103,000 in damages to the French travel companies Luteciel and Viaticum.  Users who searched on Google using these companies' marks as key words were also provided with links to competitor companies' websites.  The court found that Google should have prevented its clients from using key words which infringed trademarks.

For a copy of the decision, visit:

http://googletrademarkenglish.notlong.com/ 

 

Back to Headlines

 

Michigan Court of Appeals Finds Union Owes Duty to Protect Employees from Identity Theft

In Michigan , the Court of Appeals has recently ruled that, under negligence principles, unionized 911 operators who were victims of identity theft were owed a duty of care by the union that held their personal information. The union was aware that confidential member information was being removed from its premises but did not develop procedural safeguards to ensure the security of the information, and the Court determined that it was foreseeable that the information would be misused and union members would suffer harm. Accordingly, the Court concluded that a special relationship existed between the union and its members such that the union owed its members a duty to protect them from identity theft by providing some safeguards to ensure the security of their most essential confidential identifying information, which could easily be used to appropriate a person's identity.

For a copy of the decision, visit:

http://www.michbar.org/opinions/appeals/2005/021505/26184.pdf

 

Back to Headlines

 

French News Service Sues Google

Agence France Presse (AFP) recently sued Google for copyright infringement, claiming that Google is violating AFP's copyrights by reproducing and redistributing AFP's photographs, headlines and story leads in Google News.  AFP is seeking damages of at least $17.5 million. 

The lawsuit follows a similar lawsuit which internet publisher "Perfect 10" filed against Google in respect of Google's reproduction of the photographs posted on Perfect 10's website. 

For additional information, visit:

http://news.com.com/2100-1030_3-5626341.html

http://online.wsj.com/article/0,,SB111136021496684578,00.html

 

Back to Headlines

 

Ongoing U.S. State-Federal Dispute over Internet Gambling

Following the November 2004 World Trade Organization ruling that the United States violates the General Agreement on Trade in Services (GATS) by prohibiting the use of credit cards for online bets, the American States of North Dakota, Illinois and Georgia have taken steps towards legalising online gambling.

The legislature of Illinois is considering a bill to allow online sales of lottery tickets  to adult state residents. A similar bill passed the Georgia House last week. A bill allowing Internet poker sites to operate inside North Dakota also passed the House in February. These initiatives seek to tap into the growing popularity of Internet gambling; it is estimated that more than $200 million is bet daily on Internet poker.

The Department of Justice issued a letter last week stating that the North Dakota bill violated the federal Wire Act of 1961, which many claim only prohibits placing sports bets by telephone. Following this letter, the North Dakota Senate quashed the bill by a vote of 44-3. The Federal Government is also appealing the World Trade Organization ruling supporting Antigua's and Barduba's position that the USA's position on Internet gambling violates the General Agreement on Trade in Services.

For additional information, visit:

http://www.igcouncil.org/read_news.php?id=2

http://www.usatoday.com/money/industris/technology/2005-03-15-cyber-gaming-usat_x.htmhttp://igamingnews.com/index.cfm?page=artlisting&tid=5752

 

Back to Headlines

 

U.S. Banks May Have to Warn Customers of Suspected Identity Theft

According to recent news reports, the Federal Deposit Insurance Corporation (FDIC) has voted in favour of requiring banks to warn customers of suspected cases of identity theft.  There have been a number of recent reports of the theft of personal data affecting hundreds of thousands of consumers.   The new rule has to be approved by the Federal Reserve Board.

The new rule would require banks to tell customers when they find out that sensitive customer information has been accessed and there is a reasonable possibility it has been misused.  The notice will have to describe the incident and the measures taken to protect customers, as well as providing phone numbers for further information.  The type of information covered by the new rule is sensitive customer information which is defined as a customer's name, address or phone number, in conjunction with social security or driver's license numbers, account, credit or debit card numbers, or an identification number that permits access to an account.

For additional information, visit:

http://www.reuters.com/newsArticle.jhtml;?storyID=7948563

 

Back to Headlines

 

French Court of Appeal Rules on Downloading

The French Court of Appeal has recently released an individual from prison who was sued for copying almost 500 movies on the Internet, burning them and sharing them with friends.  The decision was based on Article L-122-5 of the French Intellectual Property Code which states that "authors can't forbid copies or reproductions that are only intended for the private use of the copyist." Although this decision seems to provide the impression that private use may be a defense against a claim of online copyright infringement, there are still approximately 50 similar criminal cases pending, and in the past, infringers have been sentenced. 

For additional information, visit:

http://frenchdownload.notlong.com/

For a copy of the decision, visit:

http://www.juriscom.net/documents/camontpellier20050315.pdf

 

Back to Headlines

 

For past issues of Laws of .Com, please visit the archive page .
This publication may be reproduced and distributed in full (without any edits or changes) free of charge. Upon obtaining the written consent of the managing editor, it may also be posted on a website or used as a teaching aid by educators.

Laws of .Com is sponsored by:

If you would like to become a sponsor of Laws of .Com, please contact Javad Heydary.

Disclaimer: Laws of .Com is intended to provide you with general information on legal developments in the areas of e-business and technology law. It is not intended to be a complete statement of the law on any issues covered, nor is it intended to provide legal advice. You should not act or rely upon the information contained in this newsletter without seeking legal advice.