IDG faces legal action
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In response to a story carried on IDG's web-site last week, IDG
has been slapped with an injunction which has forced them to
withdraw the all references to the story.
Although no official comment could be obtained, it is understood that the injunction has been issued on behalf of DVP, the Telecom-owned company from whose site IDG allegedly copied several graphic images for republication in the online version of the story.
Although breach of copyright is the most obvious grounds for legal action by DVP, it is understood that they are also considering laying complaints for trespass and theft based on IDG's unauthorised "snooping" around on the DVP site.
If DVP decide to proceed with their threats, this case could set some important precedents and help to more clearly define how existing laws can be applied in cyberspace.
It can only be speculated that IDG felt their excerpting of the images from the DVP site for publication in the article concerned would be covered by the "fair dealing" clause of the copyright act. Unfortunately, Aardvark's research indicates that fair dealing only applies to news reporting or factual material and that prior case law has clearly shown it not to cover artistic components deemed to be "creative works".
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