Tangibility of Software: ‘Seen Is Not Limited to the Unaided Eye, Weighed Is Not Limited to the Butcher or Bathroom Scale, and Measured Is Not Limited to a Yardstick’

The nature of (video game) software has been disputed from the very beginning. Whilst software’s binary code cannot be perceived by the naked eye, this note will show that it still has physical properties of mass and volume. In this blog, Senior Associate Stephan Buck considers the law – and the science – behind the…

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EU Net Neutrality Court Decision on Deutsche Telekom’s Zero-Rated StreamOn

On 20 November the Administrative Court in Köln upheld an earlier 2017 decision by the Bundesnetzagentur (the Federal Network Agency) that Deutsche Telekom’s zero-rated “StreamOn” offer violated net neutrality regulations. As Preiskel & Co Senior Partner and telecoms law expert Daniel Preiskel explained, “we found the court decision interesting and worth noting, especially as the…

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Two interesting developments in the Facebook and Cambridge Analytica story

There have been two interesting and potentially significant developments in the ongoing Facebook/Cambridge Analytica story. One is Facebook’s announcement that it is appealing a UK penalty for data misuse. The other is that information relating to Facebook was seized from a business person visiting the UK by a UK parliamentary committee investigating Facebook in respect…

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European Parliament approves European Electronic Communications Code

Final approval has been given to the European Electronic Communications Code (“EECC“) by the European Parliament. The EECC is a proposed EU Directive which aims to update and consolidate telecoms regulation under EU law, and is designed to support the rollout of full fibre networks, and 5G. It also increases consumer protection by extending rules to…

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Ofcom releases latest Business Connectivity Market Review Consultation

Ofcom has released its latest Business Connectivity Market Review Consultation (“BCMR Consultation”), outlining its provisional analysis of the Business Connectivity Market, provisional Significant Market Power (“SMP”) assessment, and proposals for remedies. Key points to note include a commitment to implementing a consolidated review of residential and business telecoms markets and physical infrastructure by 2021, introducing…

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