Category Archives: International Law

Jennifer Lawrence’s hacker gets 8 months in prison

The man who hacked Jennier Lawrence, a Connecticut man who also hacked into more than 200 iCloud accounts of Hollywood stars and other people has been sentenced to eight months in prison. George Garofano was sentenced on Wednesday in federal court in Bridgeport. After prison, he must serve three years of supervised release and perform 60 hours of community service. The North Branford man was one of four men arrested in the 2014 hacking scandal that led to private photos of Jennifer Lawrence, Kirsten Dunst, Kate Upton and others being made public. Authorities say the hackers used a phishing scheme that sent emails appearing to be from Apple security accounts that asked for usernames and passwords. Garofano pleaded guilty in April and asked for leniency, saying he faces a lifetime loss of rights because...
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Megaupload founder Kim Dotcom loses extradition appeal

New Zealand's Court of Appeal has ruled that Internet entrepreneur Kim Dotcom, born Kim Schmitz, is eligible for extradition to the United States. The German national, who is accused of industrial-scale online piracy, had asked the court to overturn two previous rulings that he and his three co-accused be sent to the US to face charges. Instead, a panel of three judges backed the FBI-led case, which has dragged on for more than six years. The saga is widely seen as a test for how far the United States can reach globally to apply American firms' intellectual property rights. The court said in a statement that: "The evidence relied on by the United States discloses a clear prima facie case to support the allegations that the appellants conspired to, and did, breach copyright wilfully...
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€35k court award costs over €2m in legal fees 

He found Nualtra had infringed NutriMedical’s trademark in relation to the nutritional supplement drink Nutriplete. The drink is only sold to medical professionals and not directly to the consumer. Nualtra marketed its drink under the name Nutraplen with very similar visual and aural marks and with a limited conceptual similarity, the judge found. Nualtra renamed and rebranded the product after the legal proceedings began. The chief executive of Nualtra told the court it had never occurred to him to give an undertaking to NutriMedical not to use Nutriplen which could have obviated the need for litigation, said the judge. Nualtra said the cost to it of just defending the proceedings amounted to €1.3m. If it has to pay Nutrimedical’s costs, this will be over €2m, said the judge. Source:...
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Social media – the new frontier in the workplace

social media Kristy Preece had just cleared the Ferry Boat Pub in Runcorn in Cheshire. The shift on May 24th, 2010, had been difficult – mainly because of two abusive customers called Brian and Sandra. Ms Preece, a shift manager, had been threatened with a cane. Not unreasonably, she asked the elderlies to leave the pub. Under protest, they departed. In fact Sandra got into her car and drove home despite the fact that she had drank several brandies. But that wasn’t the end of the story. As Kristy wound down, she took...
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New court for intellectual property rights

  The establishment of a new court described as crucial to securing the future of the so-called “knowledge economy” will require a referendum to amend the Constitution, possibly by the end of this year or early in 2016. Last November, the Government confirmed that a local division of the Unified Patent Court will be established in Ireland, which would allow businesses to resolve disputes around intellectual property rights IPR locally rather than in other EU member states. A single court case will therefore decide on the validity of a patent throughout up to 25 states, eliminating the need for country-by-country litigation. The European Commission has proposed the establishment of a “seamless, integrated single market for intellectual property rights”, which will also include the establishment of a unitary patent for Europe. Patent protection is...
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New patent court for Ireland ‘crucial’ to securing knowledge economy

New patent court for Ireland ‘crucial’ to securing knowledge economy

The establishment of a new patent court described as crucial to securing the future of the so-called “knowledge economy” will require a referendum to amend the Constitution, possibly by the end of this year or early in 2016. Last November, the Government confirmed that a local division of the Unified Patent Court will be established in Ireland, which would allow businesses to resolve disputes around intellectual property rights IPR locally rather than in other EU member states.A single court case will therefore decide on the validity of a patent throughout up to 25 states, eliminating the need for country-by-country litigation. The European Commission has proposed the establishment of a “seamless, integrated single market for intellectual property rights”,...
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Digital evidence requires an understanding of cyberlaw

Digital evidence requires an understanding of ‘cyberlaw’

How is the criminal justice system learning to cope with the unique complexities of cyberlaw with the analysis of mobile phone data, satellite imagery and emails? And that’s before you add in all the potentially sensitive material on social media sites such as Facebook, Twitter, YouTube, Flickr and Instagram. Advances in cyberlaw and forensic science, particularly in DNA analysis, continue to revolutionise the ability of investigators to build conclusive cases. But, in a world where hacking is increasingly the criminals’ tool of choice, how well-equipped are we to drive cyber investigations in pursuit of crucial evidence? There are two strands to the answer. The first is that courts have traditionally preferred direct witness evidence to digital data, which is sometimes...
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Drumm bankruptcy claim ‘not remotely credible’, says US judge

Former Anglo Irish Bank chief executive David Drumm has been denied a write-off of more than €10 million in debts after a US judge found him “not remotely credible” and his conduct “both knowing and fraudulent” in statements he made to an American bankruptcy court.

In a damning judgment of the former banker that strips him of a chance for a clean financial start, US Bankruptcy Judge Frank Bailey found that statements made by Mr Drumm (48) were “replete with knowingly false statements, failures to disclose, efforts to misdirect, and outright lies.”

“Such conduct disqualifies a debtor from the privilege of a discharge in our system of bankruptcy,” said the judge in a ruling issued in Boston.

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Austrian law student files action lawsuit against Facebook

The Daily Mail has revealed in a recent report that law student and Europe-v-Facebook. org founder Max Schrems has filed a class-action lawsuit against Facebook in Austria, alleging privacy violations by the social network. The lawsuit has been filed by Schrems, 26, with Ireland's Data Protection Commission. However, the lawsuit will be heard in Vienna's Commercial Court, in accordance with the European Union rules which enable citizens to initiate cross-border legal proceedings in their home countries. The lawsuit, filed against Facebook Ireland, will run as a class action because the Austrian law allows a group of people to transfer their financial claims to a single person. Via the lawsuit, which Schrems has described as a "David and Goliath lawsuit," Schrems is seeking damages on behalf of...
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Crowd control: how Ireland can benefit from a sturdy crowdfunding market #legal

Legislative opportunities

Crowdfunding is a way to raise funds for a project or venture by asking people (the 'crowd') for contributions, typically online. The gap in legislation presents a pitfall for both platforms and projects. "It also puts Ireland at a disadvantage in terms of encouraging new start-ups in the space and protecting investors," added Doyle. A legal framework or guidelines would boost mainstream acceptance of crowdfunding, provide certainty to platforms and projects, and enable Ireland to leverage its start-up community. If Ireland can sell itself as a location for trustworthy crowdfunding, it could attract more businesses and, in turn, create more jobs. One study cited by the European Commission estimates that, in Spain, 7,500 direct 'crowd-jobs' were created through some 2,800 successful crowdfunding projects. Irish legislators can either...
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