Archive for the ‘Limitations of liability’ category

Developments in Computer, Internet and E-Commerce Law (2010-2011)

June 15th, 2011

Here are the slides used in my presentation to the Toronto Computer Lawyers Group earlier today, The Year in Review: Developments in Computer, Internet and E-Commerce Law (2010-2011). It covers significant developements since my talk last spring.

The slides include a summary of the following cases and statutory materials:

Privacy:

Cite Cards Canada Inc. v. Pleasance, 2011 ONCA 3

Leon’s Furniture Limited v. Alberta (Information and Privacy Commissioner), 2011 ABCA 94

State Farm Mutual Automobile Insurance Company v. Privacy Commissioner of Canada, 2010 FC 736

Nammo v. TransUnion of Canada Inc., 2010 FC 1284

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Posted in authorization, communication to the public, Computer Misuse, conflicts of laws, contributory infringement, Copyright, data protection, E-commerce, Fair Dealing, FISA, Google Book Scanning, idea expression dichotomy, intellectual property, ISP Liability, IT Contracts, Limitations of liability, Outsourcing, Patents, Piracy, Presentations, Privacy, spam, Trade Marks

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Developments in Computer, Internet and E-Commerce Law (2009-2010)

May 26th, 2010

Here are the slides used in my presentation to the Toronto Computer Lawyers Group earlier today,  The Year in Review: Developments in Computer, Internet and E-Commerce Law (2009-2010). It covers significant developements since my talk last spring.

The slides include a summary of the following cases and statutory references:

Tercon Contractors Ltd. v. British Columbia, 2010 SCC 4

Internet Broadcasting Corporation Ltd. v Mar LLC [2009] EWHC 844 (Ch)

Gammasonics Institute for Medical Research Pty Ltd v Comrad Medical Sysytems Pty Ltd [2010] NSWSC 267 (9 April 2010)

Kingsway Hall Hotel Ltd. v Red Sky IT (Hounslow) Ltd. [2010] EWHC 965

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Posted in Copyright, Criminal Law, data protection, E-commerce, Fair Dealing, Fair Use, Fundamental breach, Google Book Scanning, Graduated Response, human rights, intellectual property, ISP Liability, IT Contracts, Limitations of liability, Patents, Piracy, Presentations, Privacy, Trade Marks

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Supreme Court kills fundamental breach in enforcement of liability disclaimers in Tercon

February 16th, 2010

IT lawyers know all too well that IT contracts can go awry. That is why so much time is spent arguing about limits of liability during contract negotiations. A recent example is the BSkyb Ltd & Anor v HP Enterprise Services UK Ltd & Anor (Rev 1) [2010] EWHC 86 (TCC) (26 January 2010) case where the UK court made a huge damage award against HP.

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Posted in Fundamental breach, IT Contracts, Limitations of liability, Outsourcing

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