NIPC Law

A Huawei Digital Subscriber Line Access Multiplexer ("DSLAM") Author Jnnis Walter Licence CC BY-SA 4.0   Source Wikimedia Commons   Jane Lambert Court of Appeal (Lords Justices Arnold, Nugee and Birss) A daptive Spectrum and Signal Alignment Inc v British Telecommunications Plc [2023] EWCA Civ 451 (26 April 2023) This was an appeal by  Adaptive Spectrum and Signal Alignment, Incorporated ("ASSIA")  against the judgment of Mrs Justice Falk in  Adaptive Spectrum and Signal Alignment Inc v British Telecommunications Plc [2022] EWHC 1707 (Ch) (6 July 2022). Her ladyship dismissed ASSIA's claim for declarations on the construction of a patent licence granted by ASSIA to British Telecommunications Plc ("BT" ).  ASSIA's appeal came on before Lords Justices Arnold, Nugee and Birss on 29 March 2023.  By their judgment which was handed down on 26 April 2022, their lordships unanimously dismissed the appeal (see Adaptive Spectrum and Signal Alignment Inc v ...

Supreme Court Author Christine Smith Licence Creative Commons attribution share alike 4.0 international Source Wikipedia Jane Lambert Supreme Court (Lords Mance, Kerr, Sumption, Mance and Hodge)  Cartier International AG and others v British Telecommunications Plc and another   [2018] 1 WLR 3259, [2018] WLR 3259, [2018] WLR (D) 354, [2018] UKSC 28 What this Appeal was about In  Cartier International AG and others v British Sky Broadcasting Ltd and others   : [2015] EMLR 10, [2015] 1 All ER 949, [2015] 1 All ER (Comm) 641, [2015] RPC 175, [2014] EWHC 3354 (Ch), [2015] BUS LR 298, [2015] RPC 7, [2015] Bus LR 298, [2015] ETMR 1, [2014] WLR(D) 464 Mr Justice Arnold made an order requiring British Sky Broadcasting Ltd. and other internet service providers ("ISPs") to block access to certain websites which promoted the sale of counterfeit products under s.37 (1)  of the Senior Courts Act 1981. I blogged about the case in...

It is perhaps eccentric if not downright ungrateful to promote a different business model for the music and motion picture industries having rebuilt my practice on advising and representing defendants to copyright infringement claims by trade associations in those industries but a flower is a great deal cheaper than an intellectual property lawyer and not necessarily less effective.  Before considering Mr.Justice Arnold's judgment in  EMI Records Ltd and Others v British Sky Broadcasting Ltd and Others     [2013] EWHC 379 (Ch), [2013] WLR(D) 86 it is perhaps worth watching Amanda Palmer's video on The Art of Asking and pondering her message which I have reproduced from the TED website : "Don't make people pay for music, says Amanda Palmer: Let them. In a passionate talk that begins in her days as a street performer (drop a dollar in the hat for the Eight-Foot Bride!), she examines the new relationship between artist and fan. Alt-rock icon Amanda Fucking Palmer...

In Injunctions against ISPs I discussed Mr. Justice Arnold's judgment in Twentieth Century Fox Film Corporation & Others v British Telecommunications Plc [2011] EWHC 2714 (Ch) (26 Oct 2011) where he ordered BT to use Cleenfeed to hinder its subscribers from accessing the website known as Newzbin II. That judgment was applauded by those who lobby on behalf of the film, recording, games, publishing and other creative industries though by no means everybody in the industries themselves. I saw such lobbyists at work some years ago during consultations at the Patent Office on the implementation of the enforcement directive. For convenience I refer to them as Big Copyright. Scarlet Less than a month afterwards the Court of Justice of the European Union delivered its judgment in C-70/10 Scarlet Extended SA v SABAM [2011] EUECJ C-70/10 (24 Nov 2011) that a number of Council directives precludes an injunction that compels an ISP to install monitoring software "which is cap...

On 26 Oct 2011, Mr. Justice Arnold ordered British Telecommunications Plc to: "adopt the following technical means to block or attempt to block access by its customers to the website known as Newzbin2 currently accessible at www.newzbin.com, its domains and sub-domains and including payments.newzbin.com and any other IP address or URL whose sole or predominant purpose is to enable or facilitate access to the Newzbin2 website. The technical means to be adopted are: (i) IP address re-routing in respect of each and every IP address from which the said website operates and which is notified in writing to the Respondent by the Applicants or their agents; and (ii) DPI-based URL blocking utilising at least summary analysis in respect of each and every URL available at the said website and its domains and sub-domains and which is notified in writing to the Respondent by the Applicants or their agents." This order was granted upon the application of a group of film and TV programme ...