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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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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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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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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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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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“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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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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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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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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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 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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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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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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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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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 1 st April 2007.
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A US court has issued an opinion stating that statutory damages could not be claimed by the English Premier League (‘EPL’) for video clips of non-live football matches submitted by users to YouTube’s web site because EPL failed to register its copyright in the US. EPL filed a lawsuit in 2007 against YouTube and its parent company Google. The class action lawsuit centred on allegations that YouTube knowingly profited from its violations of EPL’s copyright in the league and in footage of games in that league. If the US court ruling is not challenged, overseas companies will need to register their works within three months of them being published in order to protect their copyright. Failure to register will deny them the right to claim statutory damages for any subsequent infringement.
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With thanks to Lexology
A recent Consumer Focus report claimed that copyright law in the UK is biased towards rights holders. The report placed the UK bottom in a list of sixteen countries and graded it with an embarrassing ‘F’ for its abject failure to observe consumer interests.
In contrast, a 2009 Global IP Index Report ranked the UK second in a list of twenty four countries for the admirable competitiveness of its copyright regime and its ability to balance the rights of consumers and rights holders.
Conflicting statistics aside however, both reports had one conclusion in common - that copyright law in the UK as it stands is outmoded, and still provides inadequately for the way in which we now use and process information.
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 The mother of Baby P and her boyfriend can be finally identified after a court order is lifted that prevented their names and photographs being publish by the media.
The court order was lifted after a ruling made by Mr Justice Coleridge who said it was a necessary move to maintain public confidence in the judicial system. The mother named as Tracey Connelly and the boyfriend Steven Barker, of Penshurst Road in Haringey.
Story by Yasser Mahmood.
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With thanks to the Guardian.
The mother of Gary McKinnon said today she welcomed comments from the Welsh secretary, Peter Hain, suggesting he would rather the computer hacker were tried in the UK than extradited to America.
Hain is the first cabinet minister since Friday''s high court ruling in favour of extradition to express his disquiet at the prospect of McKinnon, who has Asperger''s syndrome, facing a potentially lengthy jail term in the US.
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