(Via Jordan Hatcher) What are the rules with regards to contract formation through email? When exactly is a contract concluded if the negotiators have not disclosed the terms and conditions clearly? The case of Baillie Estates Ltd v Du Pont (UK) Ltd helps to elucidate some of these questions. The Read more…
The adoption of the French version of three-strikes legislation has been filled with more plot twists than a Brazilian soap opera. First it got rejected by Parliament, then it passed, and now the French constitutional court has rejected it on the grounds that access to the Internet is a human Read more…
The UK Intellectual Property Office has ruled in favour of an application for an invention implemented in software, and therefore complies with section 1(2) of the 1977 Patent Act. The controversy involves patent application GB2407893A by Nokia which protects “a method of rapid software application development for a wireless mobile Read more…
Edited February 2012: This old entry is getting a lot of hits from Google, so I have decided to update it. There was an appeal to the sentence described below on October 2010, which reduced the sentences. On January 2012, the Supreme Court of Justice of Sweden denied another appeal Read more…
A Federal jury in Los Angeles has convicted Lori Drew of three misdemeanour counts of computer fraud, specifically accessing a computer without authorisation. This is not unusual in itself, but the novelty of the decision is that Ms Drew’s conduct was to create a fictional MySpace account to bully neighbour Read more…
I finally got around to reading In Re Bilski (via Groklaw), the latest landmark case in the United States with regards to patentability issues. While abstract ideas are not patentable, ever since the case State Street, the U.S. has allowed mere abstractions as patentable subject matter if they produce a Read more…
I have been following with interest the software patent case of Symbian v Comptroller General for Patents. The Court of Appeals has rejected an appeal by the UKIPO, which seems to move English software patent rulings closer to te EPO Board of Appeals interpretation. As background, Symbian is a UK Read more…
Edinburgh University honorary graduate Joanne Kathleen Rowling (right) has won her case against Steven Vander Ark, the author of the Harry Potter Lexicon (the site is now down). I have been following this case with interest, as I believe it is a prime example of the growing conflict between traditional Read more…
Some time ago I had talked about the case of Jacobson v Katzer, a very interesting ruling from the United States that in my view had made the argument that open source licences are contracts, and therefore breach of licence should be pursued as breach of contract. As I wrote Read more…
(via B2fxxx and Terra Nova) Back in March we reported on an important suit involving World of Warcraft and software developers MDY (I don’t know why I’m using “we”, it’s only me writing this). The suit involved cheating autopilot exploit which allows a player to gather gold automatically by using Read more…