LEGAL THOUGHTS

This blog contains our personal opinions on topics that interest us.

GDPR - Fines will be allocated

Under the GDPR, where there are violations of the GDPR, a supervisory authority can impose administrative fines (Art 83). The amount of the administrative fine is supposed to be effective to deter future violations and proportionate to the harm (Art 83(1)). Furthermore, the supervisory authority will allocate responsibility between the controller and processor (Art 83(2)(d)). Where a supervisory authority finds both the controller and processor responsible for the violation of the GDPR, they should each receive their own administrative fines. Controllers should be wary of signing any processor proposed Data Processing Agreements (DPA) without examining whether they are giving up their ab

Iceland GDPR implementation

Fun facts. 1. On July 6th, the EEA Joint Committee adopted the Joint Committee Decision on the GDPR, and set an effective date of July 20th (see link) 2. On July 15th, Iceland passed its implementation of the GDPR. 3. Article 48 provides that a severe violation of the Iceland GDPR bill, a person can bill imprisoned for up to three years (see link to the text of the Iceland GDPR bill). #GDPR #iceland

Legalized sports betting leaves small businesses and e-sports out in the cold

Legalization of Sports Betting laws in New Jersey leaves small businesses out of potential income opportunities from gaming directed to millennials. On June 11, 2018, Governor Philip D. Murphy of New Jersey signed a Assembly Bill 4111 that legalizes sports wagering ensuring legalized gambling in casinos in Atlantic City and New Jersey racetracks to attract new business and new fans, boosting their long-term financial prospects and strengthening the economy of many related businesses. A growing concern regarding the new legislation - and the speed with which it was adopted after the Supreme Court decision - illustrates a lack of understanding of “new” gaming, e.g., e-sports. The bill allows w

Cannabis in Switzerland

In the US, there still is a discussion over the legalization of marijuana. In Switzerland, they allow you to possess up to 10 grams of product containing THC. And, some shops can legally sell you THC treats. #marijuana

Tracking via your web browser fingerprint

I saw an article on web browser fingerprinting. As cookies become easier to block and thus less useful, browser fingerprinting maybe the next evolution in tracking users across the internet. It works by pulling configuration and setting information from the browser to uniquely identify you. Unlike cookies, browser tracking is hard to detect and harder to block. If you want to know whether your browser has a unique fingerprint, check out the EFF's Panopticlick website. #privacy

Brooklyn

I guess I don't have to go all the way to New York anymore to go to Brooklyn. #england #trademark

Escape Plan 2 - No idea about patents

I saw the first movie, and it was entertaining. So I gave the sequel a try. Unfortunately for me, I should have checked first with Rotten Tomatoes. This was a bad movie (see link). As it turns out, a key element of this movie is intellectual property and more specifically patents. However, it appears that the writers failed to consult even Wikipedia about what is a patent. Here are two of their statements about patents: 1. "He gave me the details of his patent number [xxx], but not number [yyyy]" 2. "I patented it so i could bury it." These statement reveal an utter lack of understanding of patents. The problem with both statements is that the patent explains (in the patent specificatio

Happy Fourth of July

May we all remember that the Fourth of July was the date that the Declaration of Independence was signed on July 4, 1776. The unanimous Declaration of the thirteen united States of America, When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their

LEDs and light pollution

In 1962, Nick Holonyak, Jr. invented the first visible light LED (see US Patent No. 4,270,094). Fast forward to today and incandescent lights are being replaced with LEDs because LEDs are energy efficient (and as a bonus they save money over their liftetime). However, as with everything good, there is a downside. Because people are saving money, they are not replacing lights on a 1-1 basis. Rather, they are adding more LEDs. This is causing a worsening light pollution problem (see link 1, link 2). As an aside, the change to LED lights also affects movie making (see link). Photo by Marc Mueller licensed under CC0 (link). #patent

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