Buys Inc. Attorneys
ICT Law Blog
Monday, February 28, 2005
  Microsoft says sorry for AntiSpyware error
Microsoft has publicly apologized and compensated Web directory, one of MSN's main competitors in Holland, after the software giant's anti-spyware product incorrectly flagged the site as malicious.

California Woman Sues ChoicePoint
A California woman has filed the first lawsuit against ChoicePoint for fraud and negligence in the wake of the company's recent disclosure that it sold personal information about more than 140,000 people to identity thieves. The case could set a precedent that would help establish better standards for how data brokers secure and sell consumers' private information and lead to regulations that would hold them accountable for lax data protection.

Hollywood Studios File New Round of Web Lawsuits
Hollywood's major movie studios filed a new round of lawsuits across the United States on Thursday against people who trade illegally copied films and TV shows on the Internet.

Flaw threatens T-Mobile voice mail leaks
A convenient voice mail feature has likely opened up many T-Mobile subscribers' voice mail boxes to anyone armed with a simple hack, the embattled cellular service provider acknowledged Thursday.

SARS busts a counterfeit DVD and CD Factory in Johanneburg
The South African Revenue Service’s anti-smuggling unit seized a facility allegedly used to produce counterfeit DVDs and CDs as well as stock valued at more than R50 million during a raid in Fordsburg, Johannesburg, this morning. The breakthrough follows weeks of intensive investigations that started with the seizure of a small consignment of counterfeit DVDs and CDs at a Swaziland border post in December.

AIDS/HIV list mistakenly e-mailed
County officials are "99% sure" a confidential list of thousands of AIDS patients and people with HIV never got outside their control after it was mistakenly e-mailed to health workers, a spokesman said.

OASIS patent policy sparks boycott
A who's who of the open-source and free-software movements on Tuesday took aim at a leading Web services standards group, escalating pressure for mandatory royalty-free licensing policies with calls for a boycott of its specifications.

Singapore Unveils Plan to Battle 'Cyber Terror'
Singapore is to spend $23 million over three years to battle online hackers and other forms of "cyber-terrorism" in one of the world's most connected countries, government officials said Tuesday.

ID theft scam spreads across USA
ChoicePoint (CPS), a personal-information clearinghouse, is notifying almost 145,000 people nationwide that their data — including credit reports and Social Security numbers — may have been stolen from the company's database.

Virus hits private cellphone
Cabir, the world's first known cellphone virus, was found on the cellphone of a private user for the first time on Sunday. The antivirus group Symantec confirmed on Monday that the virus was found for the first time outside a laboratory environment when someone took a cellphone in for repairs in California.

Managing Digital Risk with Cyber Insurance
Since there's no way to completely eliminate security risks, a panel of industry players here at the RSA Conference said insuring against cyber attack or network downtime is the course that a growing number of companies are taking.

Administrators Urged To Defend Systems Passwords
A cursory online search will reveal numerous sites giving the default user and password combinations for thousands of devices and applications. This data is handy when inheriting or resetting old applications or devices. But it is also a free library for those who pursue the intrusion of others' networks for fun or theft.

Spam Arrives on a New Front
So far, the threat of spim for corporate users is still relatively low, said Forrester analyst Nate Root. But as corporate usage grows, and especially if IM companies ever agree to let their services work together, it could pose a problem to businesses. Authorities are starting to watch spim more closely, but admit stopping it isn't easy.

Malicious Code Authors Spoof FBI
Ken Dunham, the director of malicious code research at iDefense, said that the FBI scam is just another tactic designed to get Internet users to execute malicious code. "What we've found is social engineering and user interaction-based malicious codes have had great success," he said.

Ink Expiration Prompts Suit Against HP
"I supposed [HP] could have offered clearer notification that the ink is no longer good after two years," said Peter Grant of Gartner. "But the general usage pattern is that you'd never go two years with the same cartridge."

EBay Charged with Shilling
Ebay's automated bidding system can pit bidders against themselves, a class action suit claims.
As a result of its improper bidding arrangement, eBay buyers pay inflated prices for their goods, eBay receives larger transaction fees and eBay's financial subsidiary PayPal gets extra revenues, according to the suit filed in California Superior Court in Santa Clara, Calif., on behalf of lead plaintiff Glenn Block.

Payroll site closes on security worries
Online payroll service provider PayMaxx shuttered its automated W-2 site on Wednesday after a researcher claimed that two security holes had exposed data on more than 25,000 people.

EU software patent law faces axe
The European Parliament has thrown out a bill that would have allowed software to be patented.

Lastminute asks FSA to probe fax
Online travel firm is to ask the Financial Services Authority (FSA) to investigate an anonymous fax questioning its financial situation.

IBM puts cash behind Linux push
IBM is spending $100m (£52m) over the next three years beefing up its commitment to Linux software.

'Most annoying ads' pop up again
Most internet users dislike them with a passion and web browsers have tried to banish them, but it seems that pop-up adverts may be popping up again.

Google's toolbar sparks concern
Search engine firm Google has released a trial tool which is concerning some net users because it directs people to pre-selected commercial websites.

ID theft victims face lifetime of vigilance
Warren Lambert thought it was just another piece of junk mail until he read the letter more closely and learned that con artists may have obtained his Social Security number, name and address -- just what they need to steal his identity and ruin his credit.

SA ‘not serious enough' about open source
South African companies are not taking the rationale behind open standards seriously enough.

Bank of America loses customer data
Bank of America Corp. has lost computer data tapes containing personal information on up to 1.2 million federal employees, including some members of the U.S. Senate.

Friday, February 25, 2005
  The perils of premium SMS
Cellphone users must be alert to the threat posed by unscrupulous mobile service providers in the local market, says Exactmobile.

Court: Wife broke law with spyware
A wife who installed spyware on her husband's computer to secretly record evidence of an extramarital affair violated state law, a Florida court ruled Friday. The Florida Appeals Court, Fifth District said that Beverly Ann O'Brien "illegally obtained" records of husband James' online conversations with another woman as the two played Yahoo Dominoes together.

SNO shareholder withdraws case
Nexus Connexion, a 19% equity shareholder in the second network operator (SNO), announced on Thursday that it had withdrawn its litigation pertaining to the SNO process.

Thursday, February 24, 2005 targeted by fax abuse has asked the Financial Services Authority to look into an anonymous fax that questioned the financial stability of the on-line travel and leisure firm, an apparent attempt to make a quick profit on its shares.

Surname trade marks OK in the UK
The UK Trade Marks Registry has said that it will now assess applications for the registration of surnames as trade marks on the same basis as any other application, following a landmark ruling by the European Court of Justice last year.

Freedom of Information: survey rates compliance
Only seven out of 439 local authorities in the UK are fully ready and receptive to requests for information under the new Freedom of Information (FOI) regime, according to a survey by information management company IDOX plc, released yesterday.

Top companies missing out on search marketing
Almost two thirds of FTSE 100 web sites are not making the best use of the opportunities afforded by search engines, according to a survey by search marketing company The Search Works.

AIDS patient details in e-mail blunder
A US statistician with Florida's Palm Beach County Health Department accidentally e-mailed a list containing the names of thousands of AIDS patients to health workers, according to a report by the Associated Press.

Australian ISPs face new laws on child porn
Australian ISPs and web hosts will soon be obliged to report instances of on-line child pornography to the Australian Federal Police. Failure to comply with the new regulations could result in fines of up to $55,000.

Australian ISPs face new laws on child porn
Australian ISPs and web hosts will soon be obliged to report instances of on-line child pornography to the Australian Federal Police. Failure to comply with the new regulations could result in fines of up to $55,000.

Apple resellers, consumers sue Mac maker
A group of Apple Computer resellers and consumers has banded together to file a class action suit against the company. In the suit, filed in the California Superior Court in San Francisco, the resellers and consumers accuse Apple of not honoring warranties, misappropriating trade secrets from its resellers, unlawful business practices and packaging old kit as new, among other charges.

Paris Hilton's cell phone hacked?
Paris Hilton seems to be having more trouble keeping her personal life personal, and this time the socialite apparently exposed several A-list celebrities after the contents of her cell phone were published on the Internet.

T-Mobile: Hacker had limited access
Wireless carrier T-Mobile acknowledges that an online attacker gained access to its network but denies reports that the criminal had the run of its network or broadly threatened its customers' privacy.

DOJ Will Appeal Obscenity Ruling
The U.S. Department of Justice (DoJ) plans to appeal a recent district court ruling throwing out obscenity charges against a Los Angeles adult video production company that distributes its materials over the Internet. In the first major U.S. obscenity trial in 10 years, U.S. District Court Judge Gary Lancaster of Pittsburgh dismissed on Jan. 20 the 10-count indictment against Extreme Associates and its owners Robert Zicari and Janet Romano.

Constitutional court goes online
The Constitutional Court of South Africa has launched a new Web site,, which offers access to cases, judgments and legal research in the fields of constitutional, public, international and human rights law.

Saturday, February 19, 2005
  ISP Storage Of E-Mail Sent To Cancelled Account Not An "Interception" Under the ECPA
An Internet Service Provider (ISP) does not "intercept" e-mail within the meaning of the Electronic Communications Privacy Act (ECPA) when it continues to receive and store e-mails sent to a cancelled e-mail account. Hall v. EarthLink Network, Inc., No. 04-0384-cv (2d Cir. Jan. 25, 2005). The Court of Appeals upheld the lower court's grant of summary judgment dismissing a former subscriber's claim that the receipt and storage of the e-mails constituted an "interception" in violation of the ECPA. The court concluded that the ISP's collection and storage of the e-mails fell within the "ordinary course of business" exception in the ECPA because it was the provider's established practice to continue to receive and store e-mail sent to cancelled accounts.

Photograph And Caption Alleged To Be Defamatory Must Be Considered In Context Of Entire Web Site
In evaluating whether a photograph of the plaintiff and an accompanying caption referring to him as a "pimp" were capable of defamatory meaning, the context of the entire Web site on which the photograph and caption appeared must be considered. Knievel v. ESPN, No. 02-36120 (9th Cir. Jan. 4, 2005). In concluding, in light of the context of the entire site, that the word "pimp" could not reasonably be interpreted as a criminal accusation, the court considered, other things, the "lighthearted" and "jocular" tenor of the entire Web site, the "overwhelming presence of slang and non-literal language," and the inclusion of the photograph and caption as one of a series of similar depictions of celebrities.

E-Mail Acknowledging Agreement "In Principle" May Satisfy California Statute Of Frauds
An e-mail detailing the terms of a negotiated license agreement and stating that the terms "had been agreed in principle" may satisfy the writing requirement of the California Statute of Frauds. Lamle v. Mattel, Inc., No. 04-1151 (Fed. Cir. Jan 7, 2005). The court noted that the e-mail sent by an employee of the party disputing the agreement did not contain all of the terms that the proponent of the agreement asserted were part of an oral contract memorialized in the e-mail. The court concluded, however, that a jury might reasonably conclude that the missing terms were not material to the agreement and thus their absence would not preclude a finding that all of the material terms of the agreement were contained in the e-mail. The court also concluded that the signature requirement of the statute was met by the typed name of the sender appearing at the end of the e-mail.

Apple faces free speech defence in trade secret leak
The Electronic Frontier Foundation (EFF) has asked a California Court not to allow Apple Computer to force three US journalists to reveal the sources behind a leak of information about proposed new Apple products.

Spyware evidence rejected from divorce battle
A Florida appeals court has refused to allow a woman to use evidence obtained by illegally planting spyware on her husband’s computer to support her case in their bitter divorce proceedings.

Credit details accessed by fraudsters in US
US credit data firm ChoicePoint has warned over 100,000 customers that their personal and financial details may have been sold to identity thieves in a scam lasting over a year. Initially detected in October, police told ChoicePoint to stay silent until now to aid investigations.

Dispute over goes to appeal
The Game Group plc, the High Street and on-line games retailer which trades as GAME, has won an arbitration for the transfer of the domain name, despite the generic nature of the name. The transfer has been appealed.

Friday, February 18, 2005
  Hacking attacks rarely made public
A security breach that placed consumers at risk for identity theft grabbed headlines this week but most hacking incidents go unreported to police or the public, experts said yesterday.

Thursday, February 17, 2005
  9th Circuit: $10K 'Bet' Can't Settle E-Retailer Fight
A $10,000 "side bet" wasn't enough to persuade a 9th U.S. Circuit Court of Appeals en banc panel to answer whether federal courts have jurisdiction over out-of-state Internet retailers.

Court: Wife broke law with spyware
A wife who installed spyware on her husband's computer to secretly record evidence of an extramarital affair violated state law, a Florida court ruled Friday. The Florida Appeals Court, Fifth District said that Beverly Ann O'Brien "illegally obtained" records of husband James' online conversations with another woman as the two played Yahoo Dominoes together.

Cars face virus threat: IBM
SECURITY headaches such as viruses and spam threaten to spread to a more devices - from phones to car engines, a new survey has found. The report, published by IBM Security Intelligence Services, a consulting arm of the world's largest computer company, paints a picture of rampant, albeit controllable, security dangers.

Leading Cause of Data Security Breaches Are Due to Insiders, Not Outsiders
According to a recent study jointly released by Vontu Inc., the leader in Data Loss Prevention solutions, and the Ponemon Institute, a research institute dedicated to privacy management practices in business and government, the most likely threat to information security is not the typical hacker, virus or worm, but rather the malicious or careless corporate insider.

Apple's subpoenas challenged in court
Lawyers for news Web sites targeted by Apple Computer asked a California court on Monday to block subpoenas seeking to identify who leaked information about unreleased products.

Alleged mobsters guilty in vast Net, phone fraud
Writing a sudden ending to what authorities say is one of the biggest consumer fraud cases ever prosecuted, alleged members of one of New York’s most notorious Mafia families pleaded guilty Monday to conspiracy and fraud charges stemming from an Internet and phone billing caper that bilked consumers out of more than $650 million.

Database giant gives access to fake firms
Criminals posing as legitimate businesses have accessed critical personal data stored by ChoicePoint Inc., a firm that maintains databases of background information on virtually every U.S. citizen, has learned.

SEC Says JP Morgan to Pay $2.1 Mln in E-Mail Case
Wall Street investment bank J.P. Morgan Chase & Co. (JPM.N: Quote, Profile, Research) will pay $2.1 million in fines to settle accusations that it failed to retain e-mails sought in investigations of stock research analyst misconduct, the U.S. Securities and Exchange Commission said on Monday.

Monday, February 14, 2005
  Google blogger: 'I was terminated'
"On Jan. 28, 2005, I was terminated from Google," Jen wrote on his blog, Ninetyninezeros. "Either directly or indirectly, my blog was the reason. This came as a great shock to me because two days ago we had looked at my blog and removed all inappropriate content...If I was told to shut down this blog, I would have."

Sheriff: Online suicide pact had sexual overtones
An Internet suicide pact believed planned by an Oregon man for Valentine's Day had sexual overtones and involved computer users in other countries, Klamath County Sheriff Timothy Evinger said Saturday.

VoIP gets 'light touch' from EU regulators
The European Commission says it favours an EU-wide “light touch” approach to Voice over Internet Protocol (VoIP) as the best way to encourage competition between internet carriers of telephone traffic and traditional telephone networks.

Office romance sparks Valentine's Day warning from TUC
With an estimated quarter of long-term relationships starting at work, the TUC has issued a Valentine’s Day warning that some employers are trying to restrict or control relationships between their staff.

Media banned from child pornography case
The media were this morning barred from covering the high-profile trial of a Russian couple charged with indecently assaulting three of their young children and using them to generate child pornography.

Microsoft investigating attack on anti-spyware system
Microsoft Corp. is investigating a malicious program that attempts to turn off the company's newly released anti-spyware software for Windows computers.

Vigilantes launch attack on scam sites
Internet vigilantes have launched a 48-hour bandwidth attack against spammers who allegedly defraud people online. The 419 Flash Mob, supported by Artists Against 419, has declared war on criminals who host fake bank Web sites in the hope of luring victims to deposit money there. The attacks began Wednesday.

Judge chides man for reading in court
A Pretoria High Court judge chided a man reading a newspaper in his courtroom on Thursday, saying the public gallery was not a library or a park bench."Courtrooms are not to be used as lounges or reading rooms," Judge Essop Patel said at the conclusion of the day's proceedings in the "Advocate Barbie" sex crimes trial.

Richard Epstein: Contributory infringement wars
James Boyle: Not so simple
Richard Epstein: An argument with two parts

Kuwait blocks sites that incite violence
Kuwait is blocking Islamic Web sites that incite violence as part of its all-out war on terror following recent clashes with fundamentalists who allegedly planned to attack Americans and the country's security forces, a senior official said Monday.

Friday, February 11, 2005
  Court: Hollywood gets P2P giant's server logs
A Dallas federal court has ordered file-swapping site to shut down and provide Hollywood lawyers with access to its full server logs, including data that could expose hundreds of thousands of people to copyright lawsuits.

Mobile Phone Security Worries Spread
In IBM's Global Business Security Index Report for 2004, the company warns that malware and spam attacks on mobile devices such as smartphones and wireless-enabled PDAs are on the rise. Big Blue joins a growing list of high-tech companies and researchers warning of the increasing danger of mobile phone spam and viruses.

Microsoft Spyware Security Attacked
Antivirus vendor Sophos reported this week that the BankAsh-A Trojan, a malicious software program that silently infects and corrupts computers, was disabling Microsoft's new AntiSpyware software and attempting to steal passwords and other banking information from Windows users.

Microsoft, Pfizer File Lawsuits over Viagra Spam
Microsoft Corp. and drug company Pfizer Inc. are taking aim at those seemingly endless advertisements for fake Viagra and other erectile dysfunction drugs that constantly flood the in-boxes of virtually all men who use e-mail.

Prisoner in the car, I hereby sentence you ...
A JUDGE sentenced a man over the phone when the offender became stuck in a traffic jam on his way to court, it emerged yesterday. Aftab Ahmed, 44, of Bury St Edmunds, Suffolk, was due to appear at Ipswich Crown Court on Wednesday to be sentenced for an offence relating to his bankruptcy, but miles of tailbacks resulting from a crash on the A14 prevented him from arriving on time.

Attempted murder of NAFDAC’s DG: Judge vows to step on toes if...
Justice Isaq Bello of an Abuja high court yesterday ordered a South African mobile telecommunication outfit, MTN to produce before it on February 16, this year, a comprehensive transcription of all discussions held on some of its lines allegedly owned and used by men suspected to have plotted the botched assassination of Director-General of National Agency for Food and Drugs Administration and Control (NAFDAC), Dr Dora Akunyili.

Negotiating licensing agreements – guidance published
The World Intellectual Property Organisation (WIPO) and the International Trade Centre (ITC) announced on Monday that they have published a basic practical guide on how to negotiate technology licensing agreements.

Corporate Image Mythology
As e-commerce matures, it opens a great door for smart marketing based on some fundamental laws of common sense, which should address bringing out honest and clean messages to ease the pain of the customers. Smart messages with powerful names will grow in time, and don't require permanent, expensive fireworks support to attract customers.

Cybersquatting lawsuit against Citrix
Two companies that offer software for users to remotely access their computers are doing battle over domain names. WebEx announced today that it has sued rival Citrix Systems, alleging the illegal purchase of domain names containing WebEx trade marks.

Webmaster not liable for editing and posting remarks
The operator of a web site is not liable for allegedly defamatory remarks posted to the site’s forum by anonymous third parties, despite some editing of remarks, according to a ruling issued by a New Jersey appeals court on Monday.

EU steps into digital rights debate
The European Union has issued a draft document on the implications of the spread of digital rights management, which is often used to protect copyrighted material such as software and music.

Phones, Car Engines Face Security Threats
Daily computer security headaches such as viruses and spam threaten to spread to a far wider range of devices -- from phones to car engines, a survey to be published by IBM on Wednesday has found.

Homework-hater takes his maths teacher to court
Schoolboy Peer Larson has made himself so popular with his classmates at Whitnall High School that some of them are wearing T-shirts bearing his picture. The teenager has taken a step that is the stuff of childish fantasies - he's taking his maths teacher to court to try to stop him dishing out too much homework. In the latest example of what critics say is an out-of-control 'compensation culture' in the United States, Larson claims his summer holidays were ruined by too much calculus.

RFID and privacy: guidance from EU Working Party
In view of the increasing use of RFID (Radio Frequency Identification) tags in retail and elsewhere, the EU Working Party on Data Protection last month published a paper setting out data protection guidelines for manufacturers and users of the technology.

Rooibos Ltd one step closer to victory in trademark war
Rooibos Limited, the processor and marketer of rooibos tea worldwide, has come a step closer to winning its trademark battle in the US after a court there ruled that rooibos was a generic term that was not entitled to any trademark.

Yahoo sues Xfire for patent infringement
In a twist on the classic David and Goliath formula, Web giant Yahoo is suing Menlo Park, Calif., start-up Xfire for patent infringement. The basis of the complaint, filed last week in a U.S. District Court in Northern California and served on Xfire representatives two days ago, alleges that Xfire is willfully infringing on a patent controlled by Yahoo.

SA hacking on the up
Over 500 South African business and home websites have already been defaced this year, as hacking becomes increasingly prevalent on the local front.

New virus targets on-board car computers
Owners of vehicles with onboard computers should brace themselves for an onslaught by hi-tech criminals who are causing havoc by infecting the devices with viruses.

WSIS: Africa Seeks Role in Internet Governance
As the question of who manages the Internet continues to generate increasing global attention, African stakeholders are pushing for a more effective role for the continent's user community in the governance of global information infrastructures.

Anti-Phishing Software Protects Consumers from Fraud
FraudEliminator maintains a real-time threat database that tracks identifying information about every known online fraud threat. To keep the database up to date, FraudEliminator has built a network of fraud incident collection points. The program tracks results and reports signs of possible fraud to FraudEliminator's server.

Mobile Classification Framework published
A Classification Framework against which the UK’s mobile phone operators will be able to self-classify commercial content on mobile phones was published yesterday. It is hoped this will allow for the easy identification and restriction of content unsuitable for under-age customers.

Phishing flaw a danger to alternative browsers
A security weakness in a standard for handling special character sets in domain names could let an attacker spoof Web sites on non-Microsoft browsers, a researcher has warned.

The US Copyright Office's Rob Kasunic on Internet Law
In the digital environment, where massive infringement is so easy to accomplish with the click of a mouse, enforcement alone is seldom enough to reassure creators. Adequate legal and technological protection for copyrighted works is important.

SNO ready to take on the monopoly
While rumours abound regarding the identity of the second national operator's (SNO's) soon to be announced 26% shareholder - with popular opinion favouring Indian company Tata Africa - the remaining shareholders have been quietly going about their business, making the SNO stronger.

Rock and Roll trade mark suit filed
The Rock and Roll Hall of Fame and Museum has filed suit over a proposed web site celebrating the success of Jewish rock musicians. The US museum fears that the site, to be known as the Jewish Rock and Roll Hall of Fame, infringes on its trade mark.

The Web: Push To Tax Online Sales
So far, 40 states have banded together for the Internet tax collection project. Because it is a voluntary effort, however -- and they are asking online retailers to comply voluntarily -- they think they are in the right. "It's legal," said John Mikesell, a professor in the Indiana University School of Public and Environmental Affairs, who has been following the project.

The Evolution of E-Commerce
A quick glimpse at the data promises much more evolution in the years to come. Forrester Research, for example, predicted American firms alone would sell US$316 billion in goods and services via the Web by 2010. That figure would more than double 2004's online spending to account for some 12 percent of all retail sales, up from about 7 percent today.

New Laptops: The First of Two Waves
In PC deployments, I'm seeing a strong push to move from desktop to mobile, with some roll-outs jumping from 30 percent mobile to 60 percent midway through, suggesting a huge push to allow people to work wherever they are. The new products are, across the board, more secure, more reliable and more attractive than the products that came before.

Monday, February 07, 2005
  FBI shuts down public e-mail system
The FBI said Friday it has shut down an e-mail system that it uses to communicate with the public because of a possible security breach.

Clueless about cookies or spyware?
Spyware-removal tools are a fairly new commodity from Internet service providers, but some of the software may confuse people as much as it protects them, critics say.

Deleting spam costs billions, study finds
Time wasted deleting junk e-mail costs American businesses nearly $22 billion a year, according to a new study from the University of Maryland.

Hackers, virus writers target mobile phones
Feature-rich "smart phones" are proving to be nearly as dumb as personal computers when it comes to fending off viruses, hackers and other security headaches familiar to Internet users.

Microsoft trial begins
Users of Microsoft Windows in SA and most other parts of the world will have the option of validating their copy of the software when downloading value-added components from today until the process becomes mandatory later in 2005.

FBI shuts down unclassified e-mail system
The FBI said Friday it has shut down an e-mail system that it uses to communicate with the public because of a possible security breach. The bureau is investigating whether someone hacked into the e-mail system, which is run by a private company, officials said.

Virtual worlds wind up in real world's courts
A multiplayer online game is sued for allowing its players to dress up like comic book heroes. An upstart company winds up in court for creating a Tijuana sweatshop to manufacture digital weaponry.

Click Hijacking Threatens E-Business
Scammers apparently find it relatively easy to create software that generates these false clicks on ads. In fact, some of them are becoming so sophisticated that the clicks that they are creating somehow fall under the "radar" of the search engine gatekeepers.

Fine for French web music sharer
A schoolteacher in France has been fined 10,200 euros (£7,033) for illegally swapping hundreds of music albums on the internet. The 28-year-old man must pay the money to copyright companies, in a decision aimed at deterring others.

Internet Marketing, Privacy Survey Finds Relevancy the Key
Most online transactions involve getting the consumer to provide as much information as possible on the request form. However, consumers are not willing to provide all the requested details. The study showed that 84 percent of the respondents want more control over the details they provide as a condition of completing an online transaction.

Is Your Logo That Important?
Corporations, which have heavily relied on graphic design, logos and too many colorful themes while ignoring the real names, are facing some new challenges. As the logos have lost their power, the companies now have to reinforce their ignored name as a solo warrior. Previously, names were basically seen in print; today they are mainly typed in cyberspace.

Rowling Warns Potter Fans - Watch Out for Scams
Author JK Rowling has warned Harry Potter fans to watch out for Internet fraudsters claiming to sell electronic copies of her latest wizard saga -- they are trying to steal bank and credit card details.

Court strengthens protections for Net chat groups
In a ruling that strengthens Internet free-speech protections, a New Jersey court has said that an owner of an online discussion board is not responsible for derogatory, malicious and even potentially defamatory comments posted to it.

Open-source honchos trash software patents
Two open-source leaders joined Linux founder Linus Torvalds in disparaging software patents Tuesday, the newest volley in a battle that pits the cooperative programming philosophy against Microsoft.

Friday, February 04, 2005
  Industry ‘extremely critical' of minister
With telecommunications deregulation taking effect this week, the industry had great expectations for a liberalised market, until the communications minister announced that it was not her intention to allow value-added network service (VANS) operators to self-provide.

Thursday, February 03, 2005
  Mbeki e-mails 'horrifying'
Explicit, sexual e-mails, so bad they could not be described over the telephone, referring to President Thabo Mbeki have been found on an internal government computer system.
is spokesperson, Bheki Khumalo, said on Wednesday the images were "very bad" and refused to describe them on the telephone.

Judge demands trial web blackout
A Supreme Court judge has called for the internet to be purged of any material likely to prejudice a trial, to prevent jurors conducting their own investigations into cases they are sitting on.Justice Virginia Bell, of the NSW Supreme Court, told a conference in Darwin of Supreme and Federal court judges from across the country yesterday that the ready availability of archived press reports on the internet could jeopardise the trial of an accused person.

Minister’s flip-flop unpicked
Communication Minister Ivy Matsepe-Casaburri’s announcement earlier this week that Value Added Network Service providers (VANS) would not be able to build their own networks left many people with mouths ajar. While some are still trying to understand her clarifying statement, others feel there was method in her seeming madness. Transtel chief technology officer Angus Hay said although it had also been surprised to see the Minister’s statement, this probably was the result of careful legal analysis indicating that it would be better to first amend the legislation before going ahead with big changes to the structure of the industry.

Wednesday, February 02, 2005
  Identity Theft Tops List of Complaints
The number of Internet auction sites has ballooned in recent years. Overall, Internet auction-related complaints were 16 percent of the grand total of 635,000 grievances filed with the FTC in 2004, up from 13 percent from 2002.

IBM subpoenas Intel in SCO case
IBM, sued by the SCO Group for allegedly violating its Unix contract by moving operating-system technology to Linux, subpoenaed chipmaker Intel in the case on Jan. 27. The subpoena requests that Intel provide all documents concerned with the case that it has, including evidence SCO provided for its allegations and Intel's analyses of the case.

Creators of Spoof VW Bomber Advert Come Clean
The creators of a hoax advertisement for Volkswagen AG's Polo car that has circulated on the Internet have apologized and promised not to repeat it, Europe's biggest carmaker said on Monday.

Microsoft scammer pleads guilty
FORMER Microsoft worker has pleaded guilty to participating in a software sales scheme that cost the company of more than $US32 million ($41 million).Finn W. Contini, 36, of Redmond, pleaded guilty in the US Federal Court to one count of conspiracy to commit mail fraud and four counts of money laundering. Contini admitted ordering 2,700 pieces of software worth $US7 million through an internal Microsoft program, then sold it for a personal profit of $US2.3 million.

Outrage over two year term for man who had 'cybersex' with girl
A CHILDREN’S charity last night criticised the "lenient" two year sentence given to a man who admitted having "cybersex" with a 14-year-old girl over the internet. In a case that is believed to be the first of its kind in Scotland, Neil Ross, 31, was jailed after pleading guilty at Alloa Sheriff Court to lewd and libidinous behaviour.

Telkom rivals limited
The deregulation of the telecommunications sector commences on Tuesday amid a lot of uncertainty and changes to the initial declaration by the minister of telecommunications.

Open Source Law Center Opens Doors
A $4 million investment made by the Open Source Development Labs has helped create a center to provide free legal support to free and open source software (FOSS) projects.

Versace heir wins privacy complaint
The niece of murdered fashion designer Gianni Versace has won an apology from Now magazine over the publication of an article speculating on her health and containing pictures showing the 18-year-old shopping in London.

Kit-Kat told that 'Have a break' lacks character
An attempt by Nestlé to register the phrase “Have a break” as a trade mark was dealt a major blow yesterday when Advocate General Juliane Kokott told the European Court of Justice that the phrase did not have specific character on its own.

Microsoft worker stole $7 million of software
A former Microsoft employee has admitted involvement in the theft of $7 million-worth of Microsoft software by exploiting a defect in the company’s internal product ordering system, according to media reports.

Movie makers sue P2P users again
The Motion Picture Association of America has filed a second wave of lawsuits against people who traded digital copies of films over the internet in breach of copyright, according to CNET

New York City Can Refile Web Cigarette Sellers Suit
An attempt by Nestlé to register the phrase “Have a break” as a trade mark was dealt a major blow yesterday when Advocate General Juliane Kokott told the European Court of Justice that the phrase did not have specific character on its own.

Convergence: SA cannot afford to fail again
True convergence requires clear regulations, a technology-neutral environment, self-regulation by players, a consultative and public process, and a fair and balanced approach by the regulator, since it cannot be protective of the incumbent.

Professor's Web posting at center of libel suit
When Donald Mayer placed a student's essay on Oakland University's Web site as an example for others taking his graduate-level business class, he probably never thought he'd end up in court as a result.

Former Patient's Online Complaints Draw Slander Suit
In a case testing First Amendment rights in the Internet age, a dentist and an oral surgeon have filed suit in a Florida trial court to stop a disgruntled former patient from criticizing their care on a scathing Web site called

Telkom urges regulator to keep tight rein on market
TELKOM is out to put a damper on hopes that the telecommunications sector will enjoy more competition from next month by urging the industry regulator to take a hardline stance and keep changes to a minimum.

Change copyright laws for learning material
The issue of improved access to learning material came under fire from southern African civil society organisations here yesterday. They called for the redrafting of copyright laws to accommodate the socio-economic conditions of developing countries.

Microsoft takes aim at Zambia piracy
Software giant pushes for country to enact Information and Communication Technology policy to prosecute pirates. As Microsoft intensifies its crackdown on illegal use of software, the company is urging Zambia to speed up the enactment of the government's Information and Communication Technology (ICT) policy so that software pirates can be prosecuted.

Writing Style Guide for E-Mail and E-Commerce
Each organization can define and adopt its own unique style for e-commerce and e-mail applications, whereby every Web page and e-mail conveys a sense of stylistic consistency. Large organizations might designate a style committee or an individual style czar. A style sheet can be distributed to everyone within an organization to promote professionalism and uniformity.







JUDGMENTS 1998 - 2005



April 2004
May 2004
June 2004
July 2004
August 2004
September 2004
October 2004
November 2004
December 2004
January 2005
February 2005
March 2005
April 2005
May 2005
June 2005
July 2005
August 2005
September 2005
October 2005
November 2005
December 2005
January 2006
February 2006
March 2006
April 2006
May 2006
June 2006
July 2006
August 2006
September 2006
October 2006
November 2006
December 2006
January 2007
February 2007
March 2007
April 2007
May 2007
June 2007
July 2007
August 2007
September 2007
October 2007
November 2007
December 2007
January 2008
February 2008
March 2008
April 2008
May 2008
June 2008
July 2008
August 2008
September 2008
October 2008
November 2008
December 2008
January 2009
February 2009
March 2009
May 2009
June 2009
July 2009
August 2009