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…
DetailsOver at the Financial Times, I have a post which argues that the Irish backstop issue masks a broader concern about Brexit. Put simply: those who are upset at the prospect of the backstop being triggered in 2022 are implicitly admitting that they are not confident that the relationship agreement will be in place by…
DetailsAs well as being a consultant for Preiskel & Co LLP, I am a commentator on law and policy for the Financial Times and also on social media and my personal blog. This is not part of my work as a solicitor but my commentary may be of interest to clients and others visiting this…
DetailsOn 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…
DetailsThere 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…
DetailsFinal 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…
DetailsThe EU Commission has recently published the full decision in the Hutchison/Wind Tre merger. The Commission confirmed in its press release of 31 August 2018 that the merger was cleared with commitments. The full decision, now available on the EU Commission website, provides further insight into how the Commission reached its decision. The commitments related…
DetailsThe EU Commission has recently published the full decision in the Apple/Shazam merger. An in-depth competition investigation was carried out by the EU Commission following a Phase II referral in April 2018. The Commission confirmed in its press release of 6 September 2018 that the transaction had been cleared and they had found that it…
DetailsOfcom 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…
DetailsOn 22 October 2018 the Competition and Markets Authority (“CMA”) launched its new campaign. The aim of the campaign is to educate businesses about what is and isn’t lawful, and encourage whistleblowing. This follows research that found that only 57% of businesses surveyed knew that price fixing was illegal, whilst 35% thought that it was…
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