- Email: [email protected]
Copyright law
computer law & security report 24 (2008) 90–91
available at www.sciencedirect.com
www.compseconline.com/publications/prodclaw.htm
Book reviews
Regulating spam Lodewijk F. Asscher, Sjo Anne Hoogcarspel, Regulating spam: a European perspective after the adoption of the e-privacy directive, T.M.C. Asser Press, 2005, ISBN 90 6704 220-X (153 pp., hard-cover, £40.00; US$ 70.00).
As the Foreword notes ‘‘the first draft of this study was the result of a research project carried out at the Institute for Information Law between September 2003 and March 2004. That report focused on the immediate question of implementation of the new Electronic Communications and Privacy Directive’’. This book is the product of that research which has since been updated with the addition of more elaborate chapters on enforcement, international aspects in the fight against spam and national measures. The book presents an evaluation of recent legislative initiatives against unsolicited commercial email (spam) within the European Union. The work examines the meaning and interpretation of the relevant new regulatory regime within the EU and international aspects such as intra-European activities and supra national policies. It also considers the dilemmas of dealing with spam and the importance of effective enforcement mechanisms. Conclusions are offered intended to provide directions in terms of further research and the development of practical policy measures. The work is recommended for academics as well as policy makers and practitioners working in the field of IT and law. Available from: Cambridge University Press, The Edinburgh Building, Shaftesbury Road, Cambridge CB2 2RU, UK. Tel: þ44 (0) 1223 312393; website: www.cambridge.org. 0267-3649/$ – see front matter ª 2007 Dr Stephen Saxby. Published by Elsevier Ltd. All rights reserved. doi:10.1016/j.clsr.2007.02.007
Intellectual property
the leading text of its kind offering a substantial information resource to those with a professional or academic interest in Intellectual Property law. Since the 5th edition of this work was published in 2002 intellectual property, as the author points out, ‘‘has been subject to numerous significant developments and has undergone some important legislative changes’’. These include important Court of Appeal and House of Lords decisions as well as those of the European Court of Justice on a wide range of issues. Legislative changes have included the Patent Act 2004 and related legislation, the Copyright and Related Rights Regulations 2003 implementing the Directive on Copyright in the Information Society and other legislation dealing with such issues as permitted acts under copyright law for the visually impaired; the increase in the penalties for copyright offences; moral rights of performers; the introduction of groundless threats actions for community trademark and community design; and draft regulations to implement the Directive on Artists’ Resale Rights in the UK. At the same time the author has taken the opportunity to restructure the work with a new section on European and international aspects of intellectual property rights while the material on community trade marks has been expanded to reflect what the author considers to be ‘‘the growing importance of this form of trademark protection’’. The author also reports that he has incorporated many more cases from the Court of Justice and Court of First Instance and from the European Patent Office and account has also been taken of many foreign decisions proved to be in the author’s view ‘‘instructive, helpful or persuasive’’ as the case may be. The book is accompanied by a companion website at www.pearsoned.co.uk/bainbridge. This provides regular updates, web links to useful intellectual property sites as well as multiple choice and problem style questions with answers and answer plans. Available from: Pearson Education, Edinburgh Gate, Harlow, Essex, CM20 2JE, UK. Tel: þ44 (0) 870607 3777, e-mail: enq.orders@ pearson.com; website: www.pearsoneduc.com. 0267-3649/$ – see front matter ª 2007 Dr Stephen Saxby. Published by Elsevier Ltd. All rights reserved. doi:10.1016/j.clsr.2007.02.004
David I. Bainbridge, Intellectual property, 6th ed. Longman Publishers, 2007, ISBN 1 4058 0159-X (896 pp., soft-cover, £38.99).
Copyright law
This work is written by Professor David Bainbridge, Barrister of Aston Business School and a Report Correspondent with CLSR. Now in its 6th edition this work has established itself as
Tanya Aplin, Copyright law in the Digital Society: the challenges of multimedia, Hart Publishing Limited, 2005, ISBN 1 841 13-356-6 (288 pp., hard-cover, £60.00).
computer law & security report 24 (2008) 90–91
This book concerns multimedia technology and the extent to which copyright and database right protect multimedia works. It does this from the perspective of UK law but with due attention paid to EU law, international treaties and comparative developments in other jurisdictions such as Australia and the United States. The book is divided into six chapters with the first two dealing with important preliminary issues of defining multimedia and justifications for its protection. Chapter 3 considers whether multimedia may fall within existing copyright subject matter and the sui generis database regime. Chapters 4 and 5 look at whether the scope of protection offered by copyright and database right is adequate, from the perspective of exclusive rights and exceptions, respectively. In the light of what has gone before the final chapter examines, at length, the need for reform. It argues that the copyright and database right regimes are, on the whole, flexible enough to accommodate multimedia works. It also argues that substantial reform along the lines of a new multimedia category or sui generis multimedia right is unnecessary and undesirable. The work is recommended for lawyers engaged in advising on IP matters relating to the new multimedia industries and scholars and students in the IP and computer law fields. Available from: Hart Publishing Limited, Salters Boatyard, Folly Bridge, Abingdon Road, Oxford, OX1 4LB, UK. Tel: þ44 (0) 1865 245533, e-mail: [email protected], website: www. hartpub.co.uk. 0267-3649/$ – see front matter ª 2007 Dr Stephen Saxby. Published by Elsevier Ltd. All rights reserved. doi:10.1016/j.clsr.2007.02.003
91
Internet Law Stephen Mason, E-mail, networks and the internet: a concise guide to compliance with the law, 6th ed. XPL Publishing, 2006, ISBN 1 85811 373 3 (227 pp., soft-cover, £46.00).
This book is written by Stephen Mason, Barrister and a Report Correspondent with CLSR. The work, now in its 6th edition, traverses a wide range of legal issues linked to communications in the workplace. The focus on email and the internet in previous editions has been dropped in favour of the broader concept involved in network communications, which the author believes to be now a new phase in development of business communication. The author asserts that there is now added pressure on directors of companies in the UK to take note of the changes that have taken place in the communications environment over recent years. Chapters of the work deal with networked communications; liability and types of misuse; legal liability of the employer; the monitoring of networked communications; issues related to workers and personal data; the storing of network communications; evidence; the content of network to communications policy; and operational implementation of that policy. The work is clearly written and set out with comments and advice also offered. Available from: XPL Publishing, 99 Hatfield Road, St. Albans, AL1 4JL, UK. Tel: þ44 (0) 8701 432569, e-mail: sales@xplpublish ing.com; website: www.xplpublishing.com. 0267-3649/$ – see front matter ª 2007 Dr Stephen Saxby. Published by Elsevier Ltd. All rights reserved. doi:10.1016/j.clsr.2007.02.002
available at www.sciencedirect.com
www.compseconline.com/publications/prodclaw.htm
Book reviews
Regulating spam Lodewijk F. Asscher, Sjo Anne Hoogcarspel, Regulating spam: a European perspective after the adoption of the e-privacy directive, T.M.C. Asser Press, 2005, ISBN 90 6704 220-X (153 pp., hard-cover, £40.00; US$ 70.00).
As the Foreword notes ‘‘the first draft of this study was the result of a research project carried out at the Institute for Information Law between September 2003 and March 2004. That report focused on the immediate question of implementation of the new Electronic Communications and Privacy Directive’’. This book is the product of that research which has since been updated with the addition of more elaborate chapters on enforcement, international aspects in the fight against spam and national measures. The book presents an evaluation of recent legislative initiatives against unsolicited commercial email (spam) within the European Union. The work examines the meaning and interpretation of the relevant new regulatory regime within the EU and international aspects such as intra-European activities and supra national policies. It also considers the dilemmas of dealing with spam and the importance of effective enforcement mechanisms. Conclusions are offered intended to provide directions in terms of further research and the development of practical policy measures. The work is recommended for academics as well as policy makers and practitioners working in the field of IT and law. Available from: Cambridge University Press, The Edinburgh Building, Shaftesbury Road, Cambridge CB2 2RU, UK. Tel: þ44 (0) 1223 312393; website: www.cambridge.org. 0267-3649/$ – see front matter ª 2007 Dr Stephen Saxby. Published by Elsevier Ltd. All rights reserved. doi:10.1016/j.clsr.2007.02.007
Intellectual property
the leading text of its kind offering a substantial information resource to those with a professional or academic interest in Intellectual Property law. Since the 5th edition of this work was published in 2002 intellectual property, as the author points out, ‘‘has been subject to numerous significant developments and has undergone some important legislative changes’’. These include important Court of Appeal and House of Lords decisions as well as those of the European Court of Justice on a wide range of issues. Legislative changes have included the Patent Act 2004 and related legislation, the Copyright and Related Rights Regulations 2003 implementing the Directive on Copyright in the Information Society and other legislation dealing with such issues as permitted acts under copyright law for the visually impaired; the increase in the penalties for copyright offences; moral rights of performers; the introduction of groundless threats actions for community trademark and community design; and draft regulations to implement the Directive on Artists’ Resale Rights in the UK. At the same time the author has taken the opportunity to restructure the work with a new section on European and international aspects of intellectual property rights while the material on community trade marks has been expanded to reflect what the author considers to be ‘‘the growing importance of this form of trademark protection’’. The author also reports that he has incorporated many more cases from the Court of Justice and Court of First Instance and from the European Patent Office and account has also been taken of many foreign decisions proved to be in the author’s view ‘‘instructive, helpful or persuasive’’ as the case may be. The book is accompanied by a companion website at www.pearsoned.co.uk/bainbridge. This provides regular updates, web links to useful intellectual property sites as well as multiple choice and problem style questions with answers and answer plans. Available from: Pearson Education, Edinburgh Gate, Harlow, Essex, CM20 2JE, UK. Tel: þ44 (0) 870607 3777, e-mail: enq.orders@ pearson.com; website: www.pearsoneduc.com. 0267-3649/$ – see front matter ª 2007 Dr Stephen Saxby. Published by Elsevier Ltd. All rights reserved. doi:10.1016/j.clsr.2007.02.004
David I. Bainbridge, Intellectual property, 6th ed. Longman Publishers, 2007, ISBN 1 4058 0159-X (896 pp., soft-cover, £38.99).
Copyright law
This work is written by Professor David Bainbridge, Barrister of Aston Business School and a Report Correspondent with CLSR. Now in its 6th edition this work has established itself as
Tanya Aplin, Copyright law in the Digital Society: the challenges of multimedia, Hart Publishing Limited, 2005, ISBN 1 841 13-356-6 (288 pp., hard-cover, £60.00).
computer law & security report 24 (2008) 90–91
This book concerns multimedia technology and the extent to which copyright and database right protect multimedia works. It does this from the perspective of UK law but with due attention paid to EU law, international treaties and comparative developments in other jurisdictions such as Australia and the United States. The book is divided into six chapters with the first two dealing with important preliminary issues of defining multimedia and justifications for its protection. Chapter 3 considers whether multimedia may fall within existing copyright subject matter and the sui generis database regime. Chapters 4 and 5 look at whether the scope of protection offered by copyright and database right is adequate, from the perspective of exclusive rights and exceptions, respectively. In the light of what has gone before the final chapter examines, at length, the need for reform. It argues that the copyright and database right regimes are, on the whole, flexible enough to accommodate multimedia works. It also argues that substantial reform along the lines of a new multimedia category or sui generis multimedia right is unnecessary and undesirable. The work is recommended for lawyers engaged in advising on IP matters relating to the new multimedia industries and scholars and students in the IP and computer law fields. Available from: Hart Publishing Limited, Salters Boatyard, Folly Bridge, Abingdon Road, Oxford, OX1 4LB, UK. Tel: þ44 (0) 1865 245533, e-mail: [email protected], website: www. hartpub.co.uk. 0267-3649/$ – see front matter ª 2007 Dr Stephen Saxby. Published by Elsevier Ltd. All rights reserved. doi:10.1016/j.clsr.2007.02.003
91
Internet Law Stephen Mason, E-mail, networks and the internet: a concise guide to compliance with the law, 6th ed. XPL Publishing, 2006, ISBN 1 85811 373 3 (227 pp., soft-cover, £46.00).
This book is written by Stephen Mason, Barrister and a Report Correspondent with CLSR. The work, now in its 6th edition, traverses a wide range of legal issues linked to communications in the workplace. The focus on email and the internet in previous editions has been dropped in favour of the broader concept involved in network communications, which the author believes to be now a new phase in development of business communication. The author asserts that there is now added pressure on directors of companies in the UK to take note of the changes that have taken place in the communications environment over recent years. Chapters of the work deal with networked communications; liability and types of misuse; legal liability of the employer; the monitoring of networked communications; issues related to workers and personal data; the storing of network communications; evidence; the content of network to communications policy; and operational implementation of that policy. The work is clearly written and set out with comments and advice also offered. Available from: XPL Publishing, 99 Hatfield Road, St. Albans, AL1 4JL, UK. Tel: þ44 (0) 8701 432569, e-mail: sales@xplpublish ing.com; website: www.xplpublishing.com. 0267-3649/$ – see front matter ª 2007 Dr Stephen Saxby. Published by Elsevier Ltd. All rights reserved. doi:10.1016/j.clsr.2007.02.002