IMPACT®

Hackney: I'll have to complain to the ICO

Well, the Hackney story is developing so I've decided to create a dedicated Hackney category so you can click and read the whole saga.

Anyway, I've just had a response today:

"Dear Mr Mills

Re: Freedom of Information Request - Nike

Please accept my apologies for the delay in further responding to you. I have considered again your representations made on 17 May 2007. Solicitors acting for Nike Solicitors [sic] have raised strong objection against disclosure and whilst we recognise the force of your argument and level of public interest in disclosure we are standing by our refusal to disclose the relevant information.

We would invite you therefore if you wish to pursue this to raise it formally with the Information Commissioner.

Yours faithfully,

Etc etc"

To make a complaint to the Information Commissioner visit the complaints page of his website. I've downloaded the complaint form and started completing it (strangely, if you download the form as a Word document it's a tracked-changed document not saved in final format and completing the details in the form looks like further edits!).

Any views from readers on whether I should submit the complaint or let the matter lie?

Inventive Sex

As our readers know, we like to point out new blogs from time to time that are relevant to intellectual property, IT or the other areas that we cover. Thanks to The Lawyer, we can point out a blog with a very focused lens on one aspect of patents: those relating to sex toys and similar stuff: X-Ratent Patents.

I'm thinking maybe there is a market for a trade mark version of this thing? Some trademarks that we could include might be (and these are just from the UK):

• SEXerciser - a mini trampoline sex-aid
• SEXATION - an aroma inhaler
• FILTHY DOG - a new application covering a range of "intimate" products
• Ooh Er Missus! - for similar stuff
• MANTOY - for sex aids and online retail services

Or we could look at interesting statistics like the number of trademarks applied for that would have effect in the UK that start with the F-word (three, two refused one new) or the number of live UK trade marks or applications in the class for sex aids (91 marks).

Or maybe not.

FOIA: when is information "held"?

The UK Freedom of Information Blog has an excellent summary by Jim Matthew of a recent Information Tribunal ruling that clarifies when a public authority can claim that information is not held and refuse a request on that basis. Jim summarises the key points of the decision as follows:

"1) The “information not held” line can only be employed if manipulation of the raw data to produce the requested information would require levels of skill and judgement (not relevant in this instance, since all that was required was a member of staff to look through the paper files (and know that there were 3 or 4 possible terms that might be used to replace “Strike Out”, but which meant the same thing)).

2) If skill and judgement are not required, then the “information not held” line can not be employed and another reason would need to be found for refusal. In this case, the Tribunal accepted that collating the requested information would have significantly exceeded the cost ceiling."

Here's a link to the ruling itself: ML Johnson v ICO & MoJ.

Liberalising Generic Top Level Domains to transform the webscape?

Discussion about the structure and rules around domain names can be pretty dull. In a piece for the Guardian, Kieren McCarthy, ICANN's "Manager of Public Participation" (PR person?), turns the introduction of new Generic Top Level Domains (GTLDs) into an accessible and interesting subject.

The GTLD is the last part of a domain name. For example, for freethcartwright.co.uk the GTLD is .co.uk. When GTLDs are liberalised, you will see a new trend in domain names. Domains such as http://starbucks.coffee, or http://law.blogger will appear.

ICANN is currently working out the fine details of how the new GTLDs will be introduced and last month issued a policy development document on the subject that is far less of an exciting read than McCarthy's Guardian article.

Consent needed before schools use digital fingerprinting on pupils

A fairly obvious point, you would think. Presumably, also a point that a number of surveillance-friendly schools have been overlooking given that the Information Commissioner's Office has felt the need to issue a press release outlining the key compliance issues.

MS-DOS defamation action kicked out of court

The Register reports that, over in the US, a court has dismissed a defamation action to do with who created MS-DOS. The action was by Tim Paterson, the person who sold the operating system to Microsoft. Paterson sued Sir Harold Evans after a book by Evans alleged that Paterson:

"[took] 'a ride on' Kildall's operating system, appropriated the 'look and feel' of [Kildall's] CP/M operating system, and copied much of his operating system interface from CP/M."

The Kildall in question is Gary Kildall, the creator of the CP/M operating system.

The Court dismissed the Paterson action, essentially on the basis that Evans' claims were true.

Microsoft to release online version of Works

TechCrunch reports that Microsoft is going to be providing a free online version of its most basic office package, Works. It will be supported by ad revenue. The online version is not yet open for use.

Works online will aim to rival Google's online office applications, Docs & Spreadsheets (D&S). Whether Works will include the collaborative functionality that allows multiple editors of a single document, one of the key reasons for using an online office application such as D&S rather than a software equivalent, will have to be seen.

DPA fraudster gets 20 months in prison

A joint effort from the Information Commissioner's Office and Tameside Trading Standard has led to the crook behind a number of bogus data protection agencies being sent down for 20 months.

According to the ICO press release, Christopher J Williams managed to rake in £400k in just under 2.5 years by pretending to represent a number of (made-up) data protection agencies, demanding that organisations hand over money to him to register under the Data Protection Act. So, that's £20k for each month he spends in jail, on the assumption he serves the entire 20 months.

Uk.com economy growing fast...

... and isn't like to collapse any time soon, according to a story in the Guardian's Technology section. Although various people have expressed fears that the overall online economy may not be able strong as it looks (see for example, this evenly balanced piece from Coding Horror).

GPL3 - how does it stamp out patent deals and protect against patent claims?

Aided massively by the Free Software Foundation Europe and other lawyers interested in free software, I've recently written an overview of GPL3, the new version of the most popular free software licence, for the Society of Computers & Law's magazine, Computers & Law. A summary will appear on the blog soon.

Being an overview, I discussed all parts of the licence. GPL3 is a very tricky licence to read, partly I think because, as one leading free software thinker has put it, GPL3 is a lot like a piece of legislation. One part of the licence I found particularly tricky.