US - Tiffany loses legal fight against eBay over counterfeit goods

(Guardian)
eBay has won a four-year legal battle with Tiffany over the jeweller's complaint that the online website amounted to a "rat's nest" auction of counterfeit watches, bracelets and necklaces. A judge in New York ruled that eBay could not be held responsible for policing the contents of its site, and that it was Tiffany's role to draw fake designer jewellery to the auctioneer's attention. The verdict is a relief to eBay which lost a similar case in Paris two weeks ago when a French court ordered it to pay ?38.6m in damages to the luxury goods manufacturer LVMH for allowing the sale of fake bags, perfumes and designer clothes.

Labels: Copyright_trademarks_and_patents, Electronic_commerce

FR - EBay to pay out millions over French counterfeit sales

(OUT-LAW News)
>Online auction site eBay has been fined £31.5 million and ordered to forbid the sale of some luxury perfumes in a French court order designed to battle the sale of counterfeit luxury goods. Handbag, clothing and perfume company Louis Vuitton Moët Hennessy (LVMH) sued eBay in the French courts, claiming that the company did not do enough to combat the sale of counterfeits of its goods. EBay claims that it cannot police all the sales through its site and that it makes no guarantee that goods are genuine, and that it suspends counterfeit auctions when notified of them. The French court, though, found "serious faults" in eBay's processes that led to auctions of counterfeit goods going ahead. By allowing the sales, it said, eBay had damaged the reputation of luxury brands such as Louis Vuitton and Christian Dior.

Labels: Electronic_commerce, Liability_jurisdiction_applicable_law

UK - Youths 'buy violent games online'

(BBC)
Children are able to illegally buy violent video games through online auction websites, the UK's Trading Standards Institute has said. Almost 90% of retailers tested by the association sold under-18s games, such as Manhunt 2, through such outlets. Traders supplying games to an under-age person in breach of official classifications can face a fine or up to six months in jail.

Labels: Electronic_commerce, Protection_of_minors, Video_games

EU - Brussels eyes internet retailing

(FT)
Moves to break down national borders in internet retailing so that customers can take advantage of prices offered by companies in different countries are to be championed by the EU's consumer protection commissioner. Meglena Kuneva plans an assault on companies which vary their online prices across the European Union but restrict customers to making purchases only on their own national website. Ms Kuneva will make the pledge as she announces plans for separate legislation for creating an EU-wide simplified set of rights governing online and High Street transactions. see Key Challenges for Consumer Policy in the Digital Age Speech by Meglena Kuneva, European Consumer Commissioner, Roundtable on Digital Issues, London, 20 June 2008. See also Commission sets out 5 priorities for consumer policy in a digital age and Gap between domestic and cross-border e-commerce grows wider, says EU report (Press Releases). Frequently Asked Questions on E-commerce in the European Union ? Eurobarometer results.

Labels: Consumer_protection, Electronic_commerce, Statistics

DE - German services seize 'eBay baby'

(BBC)
Authorities in Bavaria, southern Germany, have taken a seven-month-old boy into care after his parents offered him for sale on eBay "as a joke". The unnamed child was advertised as a "nearly-new baby" with a starting price of one euro (£0.80, $1.6).

Labels: Electronic_commerce, Protection_of_minors

EU - Consumers: 50% of misleading airline websites corrected

(RAPID)
EU Consumer Commissioner Meglena Kuneva published the mid term report on an EU wide enforcement investigation - involving 15 EU national authorities as well as Norway - against misleading advertising and unfair practices on airline ticket selling websites. The report shows that there are "serious and persistent consumer problems" throughout the airline industry as a whole. 1 in 3 websites surveyed (137 out of 386 originally checked by the 13 reporting countries) have had to be followed up with enforcement action over the last 7 months for breaches of EU consumer law. Over 50% of those websites have been corrected during this time. see also Airline Ticket selling website - EU Enforcement Results. Questions and Answers and Meglena KUNEVA, European Consumer Commissioner, Airline Ticket Sweep Investigation, Press conference speaking points, Brussels, May 8th 2008.

Labels: Consumer_protection, Electronic_commerce

NL - Dutch want banks help to fight illegal Web casinos

(Reuters)
Dutch authorities intend to crack down on illegal online casinos and are calling on banks to stop providing financial services to them. The ministry has made a list of 30-50 Internet gamers and has asked banks to stop services to these companies. Swedish online gamer Unibet and Dutch firm Oranje Casino, are targets.

Labels: Electronic_commerce

EU/FR - Paris en ligne : Bruxelles s'oppose au blocage français des flux financiers

(ZDNet.fr)
En France, l'État accorde un monopole sur les jeux d'argents en ligne à la Française des jeux et au PMU. Un projet de décret a pour objectif de contraindre les institutions financières à bloquer les ordres de paiement des opérateurs de jeux européens, dont les services sont accessibles en France. Bruxelles vient d'émettre un avis circonstancié sur ce projet de décret, estimant qu'il est susceptible d'engendrer des entraves à la liberté du commerce, des services ou d'établissement au sein de l'Union.

Labels: Electronic_commerce

EU - Commission acts on obstacles to gambling services in Greece and the Netherlands

(RAPID)
The European Commission has taken action to put an end to obstacles to the free movement of gambling services in Greece and the Netherlands. The Commission considers that the restrictions in question are not compatible with existing EU law and that the measures taken by these Member States to restrict the free movement of gambling services have not been shown to be necessary, proportionate and non-discriminatory.

Labels: Electronic_commerce

EU / DE - Commission inquires into restrictions on gambling services in Germany

(RAPID)
The European Commission has decided to send to Germany an official request for information on national legislation restricting the supply of gambling services. This new inquiry focuses on a number of provisions of the new legislation which entered into force on 1.1.2008: the total prohibition of games of chance on the Internet, notably sports betting; advertising restrictions on TV, on the Internet or on jerseys or billboards; and the prohibition on financial institutions to process and execute payments relating to unauthorised games of chance.

Labels: Electronic_commerce

EU / SE - Commission inquires into restrictions on gambling services in Sweden

(RAPID)
The European Commission has decided to send an official request for information on national legislation restricting the supply and promotion of certain gambling services to Sweden. Poker games and tournaments are offered in Swedish international casinos and, since 2006, the state-owned company also offers such services online on a large scale. However, the national legislation prevents online poker games and tournaments offered by operators licensed and regulated in other Member States. Also, it provides for restrictions and criminal sanctions on the promotion both of online poker offered by a licensed service provider in another Member State, and of poker organised within licensed premises in another Member State.

Labels: Electronic_commerce

EU set to warn Germany over gaming market

(Reuters)
The European Commission is set to step up legal action against Germany next week for thwarting foreign competition in the country's gaming markets. A new German law came into force on January 1 that bans online gaming and betting, except on horse racing. Europe's online gaming industry condemned the ban on Web gambling as unlawful and urged the Commission, the European Union's executive arm, to overturn it.

Labels: Electronic_commerce

UK - MP calls for law to force online shops to verify age

(OUT-LAW News)
A bill has been introduced in Parliament which would force online retailers to check customers' ages before selling goods that cannot be sold to children. The Online Purchasing of Goods and Services (Age Verification) Bill received its first reading in Parliament on Tuesday when it was introduced by Labour MP Margaret Moran as a private member's bill. Moran said in a speech to the House of Commons that e-commerce provided people under 18 with a loophole, enabling them to buy age-restricted goods such as alcohol, cigarettes and pornography.

Labels: Electronic_commerce, Protection_of_minors

UK - Christmas online sales 'rise 50%'

(BBC)
UK online sales rose by more than 50% in the three months to Christmas, according to an industry survey. Internet sales between 1 October and 31 December hit £15.2bn, up from £9.61bn a year earlier, with electronics and clothing doing well, Capgemini said. Firms with both a High Street and online presence, such as John Lewis, did best, the survey said. For every pound spent on goods in 2007, 15 pence was spent online, pushing annual electronic sales to £30.2bn.

Labels: Electronic_commerce, Statistics

EU - Betting industry urges action vs German ban

(Reuters)
Europe's online gaming industry filed a complaint with the European Commission, saying Germany's ban on online gambling breaks EU law on the free movement of services. "The European Gaming and Betting Association (EGBA) calls on the European Commission to take swift action against the German Interstate Treaty on gaming," the lobby group said in a statement. The treaty came into force on Jan. 1 and bans online gaming and betting, except on horse racing, in Germany. The EGBA said the ban "is in direct contravention of European Union law".

Labels: Electronic_commerce

UK - Mobiles to become digital wallets

(BBC)
The UK's big five mobile phone firms have switched on a payment system that turns handsets into digital wallets. Called PayForIt, the scheme is designed for those buying goods and services with a value of up to £10. The industry hopes it will be used to pay for ringtones, train tickets, parking fees and eventually as a payment system on web shops and sites.

Labels: Electronic_commerce, Mobile_and_wireless

UK - Facebook row spurs ban on official ads

(FT)
The Central Office of Information (COI) which co-ordinates advertising for the British government has ordered its internet campaigns to be kept off user-generated pages on social networking websites to avoid marketing next to contentious or offensive content. The policy is designed to spare the British government the fate suffered by several large companies who pulled advertising from Facebook, the popular networking site, after their corporate campaigns were discovered running next to a page with details for the far-right British National party.

Labels: E-government, Electronic_commerce

Second life bans gambling

(vnunet.com)
The creators of the online world Second Life, Linden Lab, has banned all forms of gambling in the game. While Linden Lab itself does not offer any gambling facilities in Second Life, the ability for people in the game to create just about any type of object means that virtual casinos have sprung up all over the world. This new policy will effect all users of the game, regardless of where they live in real life.

Labels: Electronic_commerce, Social_networking, Video_games

Dial M for money

(Economist)
It has already changed most people's lives, but there is more work ahead for the mobile phone. The trusty SIM card can also act as a debit and credit card. That means it may only be a matter of time before mobile phones are used to deposit, transfer and withdraw cash.

Labels: Electronic_commerce

OECD - Mobile Commerce ? consumer issues and policy challenges for a promising market

(OECD)
Mobile commerce is a promising market both for consumers and businesses. However, consumer troubles and complaints are increasing and can sometimes become serious, including issues for minors. Member countries? experiences show that we should ensure that consumers benefit. In particular, countries may review their instruments with regard to a more effective scheme for information disclosure, liability protection over SIM and RFID cards, effective notice to excessive consumption, and the importance of consumer education. Businesses may also consider more effective consumer protection schemes. see also Mobile Multiple Play: New Service Pricing and Policy Implications. This paper provides an overview of the evolution in mobile multiple play services (voice, data and video) and raises relevant regulatory and policy issues. The mobile infrastructure is being upgraded as 3G network coverage expands and as mobile broadcasting networks are being developed.

Labels: Electronic_commerce, Mobile_and_wireless