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New Land Law material from Mike Harwood
Available at LawInaBox.tv. See note from Mike Harwood below.
 
This Review is intended to draw your attention to developments, judicial and legislative, in land law which have occurred since the previous Review, dated March 10, 2009, which in turn was intended to update the last edition of my Text Book Beginning Land Law of June 2008. So you should be able to read the Text Book in the light of more recent developments of significance up to the date of this present Review, March 5, 2010. Similarly, you should bear these recent developments in mind when looking at the Questions and answers or listening to the recorded lectures.
 
I focus on those developments which are likely to be of significance or interest to students reading for the land law element in a first law degree.
 
In addition, you should try to keep an eye on the periodical journals for relevant articles, case notes, etc. For land law the most useful is the Conveyancer and Property Lawyer; and perhaps the New Law Journal. And you should keep abreast of further developments as they occur.
 
There should be no need to remind you of the importance of keeping up to date with developments in the law. A  knowledge of any such, relevant developments is (rightly) expected and credited by examiners. Any properly set exam paper should give you the opportunity to demonstrate such knowledge. And examiners have a habit (whether or not you might think it a ‘nasty’ habit) of setting questions inspired by recent judicial decisions. Studying law, much more than in most other subjects, is a bit like going the wrong way on a moving escalator. You have to keep running to stay in the same place.
 
One final point. Wherever possible you should try to read the actual judgment(s) in a case; rather than just a note-up such as the present. This is the only way to understand how legal reasoning is developed and to learn all that is to be learnt from a case; and to be able to give a reasoned answer to a question embracing  the relevant judicial, not infrequently conflicting, dicta.
 
Mike Harwood
March 6 2010
 
Adverse Possession
Contract and Conveyance
Easements
Human Rights
Leases
Mortgages
Restrictive Covenants
Tort
Trusts, Co-ownership and Proprietary Estoppel
Legislation and Regulation

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Digital Desert
Recent reports suggest that Lady Gaga recently received from Spotify her royalty / revenue share cheque for...........$150. Her album has gone Diamond and Spotify is very widely used.  Airlines and shops are using the web to great effect but for pureplay IP (music, TV, movies etc) the ecosystem seems to be all about free content & piracy and therefore presents no opportunity for distribution of traditional "linear" content on a profitable basis. This underscores the importance of the Digital Economy Bill and the requirement to create a rational framework for the profitable distribution of content online.

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Spring Sale on 50% reductions
Visit LawInABox.tv and secure 50% reductions on all our content by using the promo code word CUCKOO when you check out of our online shopping cart. 
 
Take control of your learning.

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Digital Economy Bill has the X-factor
Cheryl Cole''s co-star on the X-factor, Simon Cowell, has backed a letter send to MP''s urging them to pass the Digital Economy Bill and include a three strikes and you''re out rule against persistent IP pirates. Other signatories included Sir Terry Pratchett, Tim Bevan, Paul Greengrass and Stephen Garret.



The text of the letter is below

Britain is admired for its creativity and its sense of fair play. British musicians, singers, actors, writers and directors are known and loved around the world and create some of our greatest assets. Together they contribute more than 7% to the UK economy.


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Aussie Rules
The recent case in Australia of Roadshow Films Pty Ltd v iiNet Ltd (No.3) brings into focus the challenges of policing the internet and the challenges involved in the forthcoming Digital Economy Bill.

Basically the Australian Federation Against Copyright Theft had notified iiNet that their subscribers had been repeatedly illegally downloading Hollywood movies using illegal sites and iiNet had taken no steps to prevent this. iiNet were successfull in arguing that they had safe harbour as they had not "authorised" this infringement. Clearly they were aware of the infringement but had not authorised it.

From a commercial perspective the rights holders and their representatives realise that it is very difficult to chase down hundreds of individuals and would much rather go after a corporation who might be able to pay damages (and legal fees) such as an ISP. From the ISP''s perspective they don''t really want the overhead of shutting down users and also the lost revenue........cutting off your own customers is never appealing.


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LawInABox launches IPOD app
LawInaBox can now be accessed from the beach via your IPOD and Iphone - search for LawInABox and watch some free shortform videos !
 
LawInABox.tv - take control of your learning.

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New materials on LawInABox.tv - contract, criminal, constitutional
 
We are pleased to announce that Dr. Tom Mortimer, Yasser Mahmoud and John Hodgson are putting finishing touches to their new textbooks on Contract, Constitutional and Criminal Law. To celebrate we are offering a 20% discount on all current LawInABox materials when you use the promotional code valentine.
Click Here to learn more

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Digital Economy Bill
In the midst of all the current excitements (bankers, politicans, Blair being found out, sharks in Cape Town etc) it is quite a challenge to focus on a fairly dry piece of legislation that reaches the Committee Stage in the House of Lords on the 26th January - the Digital Economy Bill.

However, this piece of legislation, however it is finally framed, will shape the creative industries in the UK for many years to come. A key area is the extent to which the ISP''s will be held accountable for "turning a blind eye" to persistent illegal use of their networks as well as the requirement to disconnect persistent offenders. The outcome of this Bill will impact on the profit and loss accounts of the ISP''s so much lobbying over lunch no doubt.


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Internet thieves lift $450m from App Store
Recent research from 24/7 Wall Street calculates that $450 million has been lost through pirated versions of apps appearing on the IPhone or IPod touch. To put this in perspective this equates to about a year of gross revenue since the app store went live in July 2008.

This trend has accelerated as the ability to jailbreak / unlock these devices has become easy and does not require programming knowledge. Games developers, such as the excellently named Smells Like Donkey Inc, report piracy rates as high as 90% for the paid for games they have developed.

From an Apple perspective the core objective is the sale of handsets so there is little incentive invest resources in dealing with the Pirates. However - the content providers do need to become more active to avoid a generation of consumers expecting premium content to be free.

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Oink gets one over on the BPI and IFPI
Allan Ellis, founder of the illegal file sharing site Oink, was found unanimously not guily of conspiracy to defraud by a jury at Teesside Crown Court.

Oink was closed down by Interpol in October 2007 but had enabled 21 million illegal downloads to an estimated value of £20 million.

The interesting point is that he argued that he was not aware of the illegal content but was just providing a "network". No doubt this will lead to a collective sigh of relief from the ISP''s who turn a blind eye to illegal activity themselves. He also argued that the £200,000 in his bank account deriving from this activity were not profit....


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Internet Pirates - coming to a TV near you...........
“Nature abhors a vacuum” (Aristotle) has been proved to have validity over time. We have all watched the music industry being put to the sword by the illegal downloader’s and some have been surprised by the lack of a coherent response from the content owners and distributors.
History is repeating itself as illegal sports streamers are now out in force and individual streams of illegal PPV content on sites such as Ustream and Justin.tv achieve up to 30,000 viewers - figures which would not embarrass a small channel on the Sky Platform.

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New Format Video Lectures
LawInABox.tv is pleased to present the first in our series of new video lectures on the core legal subjects relevant to a degree or GDL. We fully illustrate key points with reference to stills and video clips edited into the body of the video material.
 
See the video box opposite for a short example.
 
Click Here to visit our digital store now and take control of your learning.

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Music Copyright in Europe
With thanks to Bird & Bird
 
Within Europe, music licensing has traditionally been dealt with on a country-by-country basis as individual copyright owners assign the worldwide exploitation rights in their works to their national collecting society, which then licenses copyright works on its members’ behalf. This outdated model has restricted the growth of legal online content distribution, which has driven the problem of illicit filesharing

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Google not liable
With thanks to Lexology
 
Google has been found not liable for defamatory comments in its automatically generated search results. Metropolitan International Schools Limited (the Claimant) filed defamation proceedings against Designtechnica Corporation (Digital Trends) which operates the website www.digitaltrends.com. The Complainant alleged that two forum threads appearing on Digital Trends'' website contained defamatory comments for which Digital Trends was liable. The Claimant joined Google UK Limited and Google Inc as the second and third defendants on the basis that when certain search terms were entered into the Google search engine, snippets containing the defamatory comments were returned in the search results.

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A Perfect Storm for TV PPV operators
When the Berne Convention was published in 1886 it is understandable that the legislators had no concept of the Internet Pirate. However with the roll out of broadband and launch of sites such as Ustream the laws relating to Copyright are urgently in need of updating. Until recently the technology needed to re-transmit live TV signals was fairly advanced and expensive - now people with the relevant knowledge can run Pirate TV stations from a living room and lack of clarity in respect of Copyright Law makes legal action difficult and expensive.   

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Getty secures compensation for unlawful use of images online
Getty Images, the stock photography agency, has won another litigation dispute over unauthorised use of one of its digital images.    
Getty successfully sued AJ Coles, a London-based removal company, for £2000 after Coles used an image exclusively licensed by Larry Williams to Getty called ''Mother with daughter (6-8) looking at each other and smiling'' on its commercial website without having obtained a license to do so.
 With thanks to Lexology.

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John Smeaton to stand in disgraced speaker Michael Martins seat
I''m angry and I''m fed up by the way politicians have been behaving. Like everybody I was shocked by the fiddling by the MPs said local hero John Smeaton.
 
The man who helped foil the Glasgow Airport terror attack is to stand as an independent candidate in a Westminster by-election.
John Smeaton said he would fight the Glasgow North East seat vacated by former Commons Speaker Michael Martin.
During a news conference in a Glasgow hotel he pledged to "badger" MPs and "bring a storm down on Westminster".


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Should the UK taxpayer fund legal education ?
To view an edited highlight of the debate please click here.
 
Professor Ann Holmes,: Dean of the Faculty of Humanities, Law and Social Science / Pro-Vice-Chancellor Manchester Metropolitan University will be in favour of the argument.
 

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Management Skills for Lawyers
Paul Bennett of Bennetts Legal presents a live 2 hour CPD session from the Oxford & Cambridge Club on Wednesday September 16 at 11.00am BST.
 
Subjects covered are Strategic Management for Lawyers, Business Planning for the New Legal Landscape, Business Continuity Planning, Employment Law for Law Firms without an Employment Team. CLICK HERE to sign up now - available worldwide via a broadband connection.    

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Advanced Decisions
By Yasser Mahmood
 
“Euthanasia, a deliberate act to end life, should not be equated with the right of an individual to determine what treatment he or she should not receive in the event of loss of capacity.”
Johnston, C., “End-of-life decisions”, [2005] 155 New Law Journal 666-670
Yasser Mahmood undertakes an evaluation of the provisions contained within the Mental Capacity Act 2005 and their effectiveness in preventing abuse when implementing a Living Will.
 
This paper will critically examine the above statement and provide an evaluation of the provisions contained within the Mental Capacity Act 2005[1](hereafter MCA) and assesses their effectiveness in preventing abuse when implementing a Living Will.


[1] The Mental Capacity Act 2005 received Royal Assent on 1st April 2007.

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