FAST Legal Advisory Group Meeting - 7 September 2022 | FAST

FAST Legal Advisory Group Meeting - 7 September 2022

Date: 
07/09/2022
Times: 
6pm - 9pm
Venue: 
TLT LLP, London. EC2V 7JE

Agenda

  • The future regulation of AI – some global perspectives
  • Legal Case Updates: Software and Internet Platform Liability
    • The Software Incubator Ltd v Computer Associates UK Ltd: provided clarity on whether software downloads can constitute a ‘sale of goods’ under Article 1 (2) of the Commercial Agents Directive 86/653/EEC by concluding that the electronic supply of software can be regarded as falling within this article when it is provided under a perpetual licence and in return for a fee
    • JOINT CASES: C-682/18 YouTube and C-683/18 Cyando: judgment on the liability of internet platforms. The CJEU found that internet platforms are not liable in principle for the unauthorised uploads of users, unless the platforms fail to take action to remove or block access to the content
    • Top System SA v Belgium State (Case C 13/20): landmark decision provided clarity on whether articles 5 and 6 of the Software Directive 1991 can be interpreted to include a composition of software for the purposes of ‘error correction’
  • Open Source Software:

    Open Source and Blockchain – Case of Tulip Trading Limited v Bitcoin Association for BSV and Others [2022] EWCH 667 (Ch): The court has found that open source bitcoin developers do not owe neither a fiduciary nor a common law duty of care to those who use that code in order to store or trade crypto assets.

    - Can early stage open source software projects generate goodwill? – Case of Nuanti Ltd v Google Inc (OC-606-18) (2018): The Trade Marks Registry has provided clarity on whether an open source software project can generate goodwill in relation to the project which in turn can invalidate a competitors trademark of the project name.

    - Open Source Software and API’s – US case of Google v Oracle: A landmark Open Source Software case where the US Supreme Court has provided guidance on whether unlicensed alterations to software interoperability can result in copyright infringements.   

    - False advertisement of Open Source Software - Neo4J Inc, Neon4j Sweden AB v Purethink LLC, Igov Inc and Mark Suhy: The US Court of Appeal has recently confirmed that it is false advertising to claim that software is “open source” when it is not licensed under an open source licence.

    - Security risks and OSS: OSS vulnerabilities are responsible for some of the largest data breaches. This raises GDPR concerns and businesses therefore need to be alert of these concerns when using OSS

Co-chaired by Dawn Osborne from FAST's Legal Action Group and host Daniel Lloyd of TLT LLP which will include an interactive Q&A session, where you will have the opportunity to pose questions to our panel of experts, followed by drinks & canapes.

The Panel