NIPC Law

The Internet Messenger Author   Buky Schwartz   Licence CC BY-2,5   Source  Wikimedia Commons   Jane Lambert Court of Appeal (Sir Geoffrey Vos MR, Lady Justice Rose and Lord Justice Arnold)  Warner Music UK Ltd and others v TuneIn Inc ,    [2021] EWCA Civ 441 (26 March 2021) This was an appeal by Tunein Inc. against Mr Justice Birss judgment in Warner Music UK Ltd and others v TuneIn Inc [2019] EWHC 2923 (Ch) (1 Nov 2019) which I discussed in  Copyright - Warner Music UK Ltd and Others v TuneIn Inc.   4 Nov 2019.  The claimants, who between them, account for more than half of the market for digital sales of recorded music in the UK and about 43% globally, sued Tunein Ltd for copyright infringement. TuneIn does not collect, transmit or store any third party audio content but it does connect users to third party radio stations' streams and earns money from advertising and subscriptions.  Mr Justice Birss found that TuneIn h...

Houses of Parliament Source Wikipedia Jane Lambert The action arising from groundless threats has been one of the most perplexing features of our  intellectual property law  both for foreign owners of IPR in this country and their legal advisors (see Prince Plc v Prince Sports Group Inc [1998] FSR 21) and even non-specialist lawyers in the United Kingdom (see Brain v Ingeledew Brown Benson and Garrett and another  [1996] FSR 341). Under s.70 of the Patents Act 1977  and similar provisions in other IP legislation, a letter threatening proceedings that would be quite acceptable in most countries and even in the UK in respect of most other causes of action can land the lawyer or attorney who wrote it, and the client on whose behalf the letter was written, in a whole heap of trouble that sometimes results in an infringer getting away with his or her wrongdoing. S.70 (1) provides: "Where a person (whether or not the proprietor of, or entitled ...