Feeds

'Self-incriminators' may be forced to tell the court what they know

High Court extends ability to strip people of right not to self-incriminate

Beginner's guide to SSL certificates

The High Court agreed, ruling that there is no fixed definition of "intellectual property" and that the law should not be defined too narrowly.

Lawyers for Mulcaire argued that the House of Lords ruling on whether Hello! magazine could protect photos of a celebrity wedding made it clear that confidential information was not a form of intellectual property. They said that this meant that Mulcaire should not be bound by the exception to PSI.

Mr Justice Vos agreed that the Hello case meant that confidential information was not necessarily intellectual property, but said that to take the exception to PSI to be valid only in intellectual property cases was too restrictive an interpretation.

"I do not accept [Mulcaire's lawyers'] suggested limitation on the meaning of 'technical or commercial information'," he said. "If the information needed also to be a species of intellectual property, it would be very narrow indeed, and there is no limitation of that kind implied from the words of the legislation. Rather, I take the view that the 'technical or commercial information' with which [the exception] is concerned is any such information that can be protected as such by action."

"A review of intellectual property textbooks shows that there is no universal definition of the term [intellectual property], which is no doubt why Parliament has adopted a variety of definitions for differing situations," said the judge.

"Parliament must be taken to have been deliberately expanding the meaning of 'intellectual property' when it included the words 'technical and commercial information' in the string of meanings alongside patent, trade mark, copyright, and registered design (and the later added 'design rights' in 1988)," said the ruling.

Mulcaire cannot now refuse to answer questions or provide information in the case, and must also provide information about other alleged victims of phone hacking whose identities had been blacked out in documents provided to the Court, the High Court said.

Copyright © 2011, OUT-LAW.com

OUT-LAW.COM is part of international law firm Pinsent Masons.

Intelligent flash storage arrays

More from The Register

next story
Facebook pays INFINITELY MORE UK corp tax than in 2012
Thanks for the £3k, Zuck. Doh! you're IN CREDIT. Guess not
Big Content outs piracy hotbeds: São Paulo, Beijing ... TORONTO?
MPAA calls Canadians a bunch of bootlegging movie thieves
Google Glassholes are UNDATEABLE – HP exec
You need an emotional connection, says touchy-feely MD... We can do that
Just don't blame Bono! Apple iTunes music sales PLUMMET
Cupertino revenue hit by cheapo downloads, says report
US court SHUTS DOWN 'scammers posing as Microsoft, Facebook support staff'
Netizens allegedly duped into paying for bogus tech advice
Feds seek potential 'second Snowden' gov doc leaker – report
Hang on, Ed wasn't here when we compiled THIS document
Verizon bankrolls tech news site, bans tech's biggest stories
No agenda here. Just don't ever mention Net neutrality or spying, ok?
prev story

Whitepapers

Why and how to choose the right cloud vendor
The benefits of cloud-based storage in your processes. Eliminate onsite, disk-based backup and archiving in favor of cloud-based data protection.
Forging a new future with identity relationship management
Learn about ForgeRock's next generation IRM platform and how it is designed to empower CEOS's and enterprises to engage with consumers.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Storage capacity and performance optimization at Mizuno USA
Mizuno USA turn to Tegile storage technology to solve both their SAN and backup issues.
Simplify SSL certificate management across the enterprise
Simple steps to take control of SSL across the enterprise, and recommendations for a management platform for full visibility and single-point of control for these Certificates.