opencontentlawyer.com

Day two

I’m liveblogging the 4th annual Gikii conference, kindly hosted by IViR in Amsterdam. (Gikii Programme)

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Intended Data Beneficiaries

Andrea Matwyshyn

(apologies both to Andrea and to readers – the Gikii dinner took its toll and as a result was a bit late to the first session. I did manage to catch the end of the talk and the Q&A)

Andrea’s core seems to be contractual privity and trying to bring in beyond those named in the contract to those actually harmed in a privacy breach. Example would be data analysis company contracted to a credit card company – no contractual relationship with credit card customer with data analysis

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Is it possible to control personal information that was uploaded by others without the intention to harm or infringe?

Arno R. Lodder

Personal self determination. Mostly about all the information that you can find out about people through using online search tools. Idea that the intention behind putting info online should be a factor – not sure I agree. Mostly about that internet and search means people can find out more information about you, and that information might be false.

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Twit or Tweet? Legal Issues Associated with Twitter and other Micro-Blogging Sites”

Caroline Wilson

Micro-blogging – anything new? Not so much — all the same issues with blogging etc.

Why are people doing it? Easy and instant.

Sector increased in three different ways
- many dedicated services have developed
- increasing microblogging in established apps (facebook status updates)
- more niche microblogs (yammer and mysay as an example)

Format = concise and there lies part of the attraction.

How to define – “required concise content” as part of the service

Legal issues:
- identity (trademarks, personal names) (this is the same issue with domain names and trademarks)
- authenticity (ghost tweeting – outsourced twittering)
- copyright – doing a precis in 140 characters as interesting test case in idea/expression dichotomy. retweets as copyright and convention of retweeting.

Hashtags as a domain name — Caroline sees that someone will try to assert rights over ownership of a hashtag soon. Very interesting!

Contract as Queen and private ordering as part of the equation. Also the IT law problem of law will be slow to catch up and technical solutions will be primary.