tag:blogger.com,1999:blog-229721367671779922.post270855055356275854..comments2022-12-13T09:58:51.817+00:00Comments on Cyberleagle: Internet legal developments to look out for in 2014 (Updated)Cyberleaglehttp://www.blogger.com/profile/17507190182464072147noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-229721367671779922.post-58528303776176191602013-12-29T21:23:18.650+00:002013-12-29T21:23:18.650+00:00I am not sure it is fair to say "As a result ...I am not sure it is fair to say "As a result of the 2009 European Court of Human Rights judgment in the Times Newspapers internet archive case we will now have a single publication rule ..." since the court found that the interference with article 10 caused by our existing rules on publication were "necessary in a democratic society" particular on the grounds that a Loutchansky notice is possible.<br /><br />While I absolutely see problems with the existing situation, the "single publication" rule as drafted assumes a model that one publishes and then "archives" that publication. But that is not how the internet works. Something may be (say) blogged but unnoticed and then suddenly tweeted/found by google etc and achieve prominence. The single publication rule really doesn't do justice to such situations.Francis Daveyhttps://www.blogger.com/profile/10228026893626221724noreply@blogger.com