Posts tagged: michael forrester

Stop…Step Away From The Cookie Jar

Michael Forrester - Business Litigation Solicitor

Michael Forrester- Business Litigation Solicitor

The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 (“the Regulations”) come into force on 26 May 2011. They make a number of changes to the law relating, primarily, to the internet in accordance with revisions to the directive on which they are based.

The most important change is the addition of a new Regulation 6(2)(b) which provides that a user must give their consent for information to be stored or accessed on their device.

The biggest effect of this change is that this requires users to specifically consent before any information is stored or accessed on their device by a website. This has the biggest application to cookies and is a change from the “opt out” option which is currently used by most websites to comply with the current rules.

On a literal reading, the new Regulations have a potentially huge effect on all website users and owners. Cookies are extremely widely used on websites to help users navigate the pages and perform a number of functions. In practice, this means that any website using cookies will need to require a user to specifically consent by ticking a box or something similar before a cookie is stored on their device. In many cases this will mean a user must consent before they access the site at all.

The Regulations, on a literal reading, require a huge undertaking for web developers and users alike. Developers face the prospect of needing to include a new agreement for every user before they can access the site. Users however have the even worse prospect of being faced with a pop up box for every website they visit. Read more »

LG v Sony – The Blue-Ray Battle

Michael Forrester - Business Litigation Solicitor

Michael Forrester- Business Litigation Solicitor

It was widely reported last week that LG obtained a legal injunction against Sony which subsequently banned the importation of PS3 games consoles into Europe.

Thousands of PS3 games consoles were seized by customs officials in The Netherlands, with the legal dispute centering around the ownership of Blu-Ray technology.

Applications for interim injunctions in intellectual property, and particularly patent cases, are not uncommon. Businesses seek this type of relief because a cash award is sometimes inadequate. The number of claims may increase because local courts were given authority to deal with this type of case last year.

The interim injunction in this case granted by the International Court of Justice in The Hague has received considerable publicity because of the parties involved and the large effect that an interim injunction can have on a market place. Read more »

Does MOS case change the approach to copyright infringement claims?

Michael Forrester - Solicitor & Harassment Law Expert

News emerged yesterday that thousands of IP addresses alleged to have been used to infringe copyright over Peer to Peer networks have been deleted by an ISP.

Reports suggest that Ministry of Sound has since suspended plans to send warning notices to more than 25,000 BT broadband customers suspected of illegal downloading.

Lohan Presencer, Chief Executive of Ministry of Sound stated that it was “very disappointing that BT decided not to preserve the identities of the illegal uploaders”, and that they are “more determined than ever to go after internet users who illegally upload our copyrighted material.”

It is reported that further applications for information from all ISPs are expected.

Read more »

Barrow FA Trophy Victory Raises Interesting Legal Issues

Michael Forrester (Solicitor)

The FA Trophy Cup final victory of Barrow FC over Stevenage Borough at Wembley on 8 May 2010 raises some interesting legal issues.

Barrow were victorious with an extra time 2-1 win over the holders, but a furore has erupted over the challenge by Barrow’s Robin Hulbert on Charlie Griffin.

As reported in numerous media outlets, Stevenage Manor Graham Westley commented “I don’t think there’s any place for GBH in football”.  Westley’s comments raised two interesting legal issues, notes Ralli Solicitor Michael Forrester who was present at Wembley, his great-grandfather having played for the North West club and his grandfather being their official Solicitor for many years.  Read more »

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