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September / 2010

Israel Internet and New Media Update: 2009 Year in Review

In this annual update from Meitar’s Technology and Intellectual Property Group, David Mirchin, head of the practice group, presents what he considers to be five of the most important developments during 2009 in Israeli law impacting e-commerce and technology companies.
The five topics are:

  • The Premier League Loses Big: Streaming of Sport Events is a “Fair Use”
  • The Score is Tied at 2-2: Initial Judicial Decisions under the new Israeli Spam Law
  • Proposed Electronic Commerce Law Withdrawn
  • Courts Regulating ISP Liability in Light of Failure to Enact Electronic Commerce Law
  • Liability of Cell Phone Companies for Third Party Content

The full update is available through the PDF icon.

Technology and Intellectual PropertyTechnology and Intellectual Property
March / 2010

The Right Way to Revise Your Site’s Terms of Use

For the first time ever, the Israeli Database Registrar imposed an administrative fine (in the amount of NIS 177,000) on a company for its use of a database in violation of the Israeli Privacy Law.
In this Privacy Law Update David Mirchin explains the violation in this case, and reminds clients of what to do so that they don’t end up in the same predicament as this company.

The full update is available through the PDF icon.

Technology and Intellectual PropertyTechnology and Intellectual Property
August / 2009

Liability for User Generated Content 2009

David Mirchin has published a Client Update which analyzes a recent case in the United States on website liability, including a brief comparison to Israeli and EU law, and some suggestions how you can avoid liability.

It used to be that websites had complete immunity in the United States from claims that content posted by third party users was defamatory. In Barnes v. Yahoo!, an important recent case in the 9th Circuit, however, the court held that Yahoo! could be liable for defamatory content posted by a user which they promised to take down, but did not.

The full update is available through the PDF icon.

Technology and Intellectual PropertyTechnology and Intellectual Property
November / 2008

Israeli Anti-Spam Law

Meitar Information Technology Client Update on new broad-reaching Israeli Anti-Spam Law.

David Mirchin has published a client update on the new Israeli Anti-Spam Law, which becomes effective December 1, 2008. According to the law, entities will only be able to send commercial email, faxes or SMS, or use automated phone calling, if they obtain explicit, written, advance approval from the recipient. Violations are punishable by stiff fines, and officers of a company, as well as those responsible for the marketing or advertising operations, are personally liable for violations of the law.

The full update is available through the PDF icon.

Technology and Intellectual PropertyTechnology and Intellectual Property
September / 1997

Location, Location, Location: The European Union Database Directive Sets the Worldwide Agenda

In this article, originally published in Newsidic, Newsletter of the European Association of Information Services in September 1997, David Mirchin, then Vice President & General Counsel of SilverPlatter Information, analyzes the new European Union Database Directive, which creates a new sui generis intellectual property protection for non-copyrightable databases.

The full update is available through the PDF icon.

Technology and Intellectual PropertyTechnology and Intellectual Property
September / 1996

“The Shrinkwrap License Wins Its Day in Court and Plays a New Symphony:” “Wrap-CD Anew,”

In this article, originally published in the Boston Business Journal, in September 1996, David Mirchin, then Vice President & General Counsel of SilverPlatter Information, analyzes the landmark 7th Circuit case, ProCD v. Zeidenberg, which was the first important case to hold that shrinkwrap licenses were enforceable.
The full update is available through the PDF icon.
Technology and Intellectual PropertyTechnology and Intellectual Property