Major announcement out of Paris this morning with Figaro and the Wall Street Journal reporting on an Open Letter (une lettre collective) to Google from La Commission Nationale de l’Informatique et des Libertés. Alex Türk, the Président of CNIL addresses his letter directly to Monsieur Eric Schmidt, Président du conseil d’administration et chef de la direction, Google Inc.

The Italian authorities, the Garante per la protezione dei dati personali signed on as well as the Irish Data Commissioner and other privacy and data protection authorities.

Türk’s letter starts: “We are concerned to see that too often, the . . . [more]

The full 111 page decision of Judge Oscar Magi of the Milan Ordinary Tribunal imposing liability on Google was released today and is available here.

Slaw readers may recall that on February 24 Judge Magi imposed six-month sentences (suspended) on three Google executives for allowing the posting on Google Video of a mobile-phone video showing a handicapped youth being harassed by his Turin classmates in September 2006. The company took two months to remove the video, which was posted in Google Italia’s “Most Fun Videos” section and received 5,500 hits before being removed.

“La Rete non è una prateria . . . [more]

A recent judgment of the England and Wales High Court, Kaschke v Gray & Anor [2010] EWHC 690 (QB), dealt with a potential libel that occurred in a post on a blog, Labourhome.org, that opens its facilities to “Labour grassroots” to “discuss the issues important to them.” As OutLaw.com, which has the story, says

Hilton claimed in his defence against the libel charge that, though he ran the site, he did not edit or vet the articles and should qualify for the same safe harbour that was granted to search engines or ISPs.

That safe harbour is granted under . . . [more]

As of April Fool’s day, the U.K. Office of Public Sector Information (OPSI) has changed its copyright license to something that harmonizes well with a Creative Commons license. After a report on how the public reacted to the traditional Crown copyright notice, OPSI began to develop a license modelled on those used by Creative Commons.

The new license already operates on the impressive data.gov.uk site, the launch of which we reported on Slaw back in January. The following paragraph occurs near the end of the new, plain language license:

Creative Commons

These terms have been aligned to be interoperable

This week the biotech world was consumed with questions about genes, and patents, and patents on genes.

U.S. District Court Judge Robert Sweet issued a summary judgment ruling (pdf) that Myriad Genetics’ patents on the BRCA1 and BRCA2 genes were invalid, as were the patents on Myriad’s tests using those genes. Meh. The commentary (including here at Slaw) has been interesting and the public airing of patent policy is much needed and generally productive; but I don’t think the ruling is that big a deal.

In a case of superior serendipity, last week also marked the ten-year anniversary . . . [more]

The situation on privacy expectations of e-mails for employees continues to develop both in Canada and the U.S. A unanimous decision released by the New Jersey Supreme Court this past week in Stengart v. Loving Care Agency, Inc. adds to this area.

Prior to leaving the employer to file a discrimination suit, the employee exchanged 7-8 e-mails with her lawyer through a personal Yahoo! e-mail account through the company’s laptop computer. The employer then retrieved these e-mails through the Temporary Internet Files cache and used them in preparation for the suit. The trial court initially ruled that the employee had . . . [more]

This bit of news from Techdirt had me smiling until the truth began to dawn on me. Developers in Texas are taking a page from the sale of digital goods and trying to convince people to accept their claims to eternal payments on the basis of, it seems, creative work:

“Just like authors who write books and musicians who write songs that will be enjoyed for generations to come, those who improve property are also engaged in the creative process, and the economics of the transaction should reflect that reality,” . . . [more]

I promise not to get in the habit of cross-linking to my own blog, but it’s worth adding something to the Slaw record on the February 4th student speech decisions of the United States Third Circuit Court of Appeals, even by way of cross-link. Layshock v. Hermitage School District and J.S. v. Blue Mountain School District deal with sanctions imposed by school boards for “misuse” of social media in strikingly similar circumstances, but the Court reached the opposite conclusion in each case. As I argue here, the conflicting awards illustrate a dialogue about whether to recognize the unique impact . . . [more]

Pharmaceutical companies are heavily regulated in the manner in which they can advertise to consumers. And for good reason – drugs are highly effective in addressing medical conditions, but also potentially dangerous when used improperly or interacting with other medications.

The U.S. Food and Drug Administration (FDA) is currently reviewing submissions from the pharmaceutical industry about the use of social media, and is expected to release new rules by the end of the year.

The role of social media in educating the public is something that should not be underestimated. Eric Ruth of the Delaware Online said,

On both sides,

If the pre-1978 U.S. Copyright Act was still in effect, copyright-protected works from 1953 would have entered the public domain on January 1, 2010. Current U.S. law protects works for 70 years from the date of the author’s death, but prior to the 1976 Copyright Act (effective in 1978), the maximum copyright term was 56 years (an initial term of 28 years, renewable for an additional 28 years). Copyright-protected works from 1953 include Casino Royale, Marilyn Monroe’s Playboy cover, The Adventures of Augie March, the Golden Age of Science Fiction, Crick & Watson’s Nature article decoding the double helix, Disney’s . . . [more]

I thought I’d draw Slawyers’ attention to a new student-run blog on international law, Legal Frontiers, run by law students at McGill University (my own alma mater). The site officially launched in January, and the content so far looks very interesting. Check it out and post a comment. . . . [more]

If you’re around Toronto on the morning of Tuesday, March 16, you might want to attend the Workshop on Media Suppression: Life and Livelihood that’s being presented by York University’s IP Osgoode and the Nathanson Centre on Transnational Human Rights, Crime and Security. Four panels of experts will address the following topics:

• Digital Rights Contracts
• The Thawing of Libel Chill
• The Role of Internet Giants in Totalitarian States
• Legal Recourse for the Torture, Kidnapping, and Murder of Journalists

The workshop is free of charge and is being held in Room W132 of the Schulich School of Business between 9 a.m. . . . [more]