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My Lords, Amendment 16 stands in my name and in the name of my noble friend Lady Hayter of Kentish Town. Digital sales are booming and the digital music, video and games market now accounts for 43% of the total UK entertainment sector. Recent research puts the UK as the...
My Lords, Amendment 16 stands in my name and in the name of my noble friend Lady Hayter of Kentish Town. Digital sales are booming and the digital music, video and games market now accounts for 43% of the total UK entertainment sector. Recent research puts the UK as the...
Logically, one thing follows another. That is exactly the purpose of this amendment. Indeed, I shall refer again to the speech made by the noble Baroness, Lady King, on 20 October, as recorded at column 183 of Hansard. It has been extraordinarily helpful in formulating the terms of this amendment.
Let...
Logically, one thing follows another. That is exactly the purpose of this amendment. Indeed, I shall refer again to the speech made by the noble Baroness, Lady King, on 20 October, as recorded at column 183 of Hansard. It has been extraordinarily helpful in formulating the terms of this amendment.
Let...
My Lords, this amendment reflects the dynamic nature of digital content. We all recognise that digital content changes to some extent over time when we receive updates to our software and apps. I listened carefully to the concerns raised in Committee by the noble Lord, Lord Haskel, and my noble...
My Lords, this amendment reflects the dynamic nature of digital content. We all recognise that digital content changes to some extent over time when we receive updates to our software and apps. I listened carefully to the concerns raised in Committee by the noble Lord, Lord Haskel, and my noble...
During the debate on digital content that we had in Committee, I noted a number of concerns raised by my noble friend Lord Clement-Jones, who is not in his place, about the complex environment in which digital content works and the difficulty for the industry in ensuring that its digital...
During the debate on digital content that we had in Committee, I noted a number of concerns raised by my noble friend Lord Clement-Jones, who is not in his place, about the complex environment in which digital content works and the difficulty for the industry in ensuring that its digital...
My Lords, Clause 33 sets out which contracts to supply digital content are covered by this chapter. It clarifies that the chapter will apply to contracts between a trader and a consumer where a trader agrees to supply digital content that has been paid for with money; associated with any...
My Lords, Clause 33 sets out which contracts to supply digital content are covered by this chapter. It clarifies that the chapter will apply to contracts between a trader and a consumer where a trader agrees to supply digital content that has been paid for with money; associated with any...
Your Lordships will be glad to know that this is my third of three amendments, and then I will have a rest and noble Lords will have a rest from me. Then again, you may not wish to know that the noble Lord, Lord Clement-Jones, will follow; with his detailed...
Your Lordships will be glad to know that this is my third of three amendments, and then I will have a rest and noble Lords will have a rest from me. Then again, you may not wish to know that the noble Lord, Lord Clement-Jones, will follow; with his detailed...
My Lords, I beg to move Amendment 34 and speak to Amendments 36, 37 and 38. Clause 34 specifies that digital content is,
“to be of satisfactory quality”,
and requires that digital content must be free from “minor defects”. I very much accept, unlike the noble Lord, Lord Stevenson, that there is...
My Lords, I beg to move Amendment 34 and speak to Amendments 36, 37 and 38. Clause 34 specifies that digital content is,
“to be of satisfactory quality”,
and requires that digital content must be free from “minor defects”. I very much accept, unlike the noble Lord, Lord Stevenson, that there is...
My Lords, I am very pleased to have the support of the noble Lord, Lord Sugar, for Amendment 34A. I do not know whether he is going to make a personal appearance today, which would excite us all, but let us see. I see that his name is on other...
My Lords, I am very pleased to have the support of the noble Lord, Lord Sugar, for Amendment 34A. I do not know whether he is going to make a personal appearance today, which would excite us all, but let us see. I see that his name is on other...
My Lords, in moving Amendment 43 I shall speak also to Amendment 44. Very significantly, the effect of Clause 47 is that liability under most of the provisions of Chapter 3 cannot be excluded or restricted. Broadly, the clause in its present form prohibits any exclusion or restriction of liability...
My Lords, in moving Amendment 43 I shall speak also to Amendment 44. Very significantly, the effect of Clause 47 is that liability under most of the provisions of Chapter 3 cannot be excluded or restricted. Broadly, the clause in its present form prohibits any exclusion or restriction of liability...
To ask Her Majesty’s Government whether companies providing sound effects, graphics and language translation services for use in the creation of gambling products require a licence.
To ask Her Majesty’s Government whether companies providing sound effects, graphics and language translation services for use in the creation of gambling products require a licence.
The Gambling Commission’s advice note “What is gambling software?” explains that, “Where the third party is only providing part of a game, such as artwork, under the control and design specifications of Company Y, then this indicates Company Y is in control and is the entity to hold a gambling software licence whereas the third party does not” (para 4.13). This equally applies to those that provide other aspects of the overall game for example sound effects and language translation services.
To ask Her Majesty’s Government why, in the light of the Gambling Commission’s guidance, a software developer owning intellectual property in gambling software requires a licence if it amends the software, whereas a gambling operator owning the intellectual property in gambling software which sub-contracts the amendment of that software to...
To ask Her Majesty’s Government why, in the light of the Gambling Commission’s guidance, a software developer owning intellectual property in gambling software requires a licence if it amends the software, whereas a gambling operator owning the intellectual property in gambling software which sub-contracts the amendment of that software to...
Intellectual property relating to gambling software is only one of the factors that is relevant to understanding where control of the product sits. There are also other factors that are relevant when considering who needs a gambling software licence for example who is responsible for the design and functionality of the software and what the contract says in terms of responsibilities and liabilities. One relevant activity caught by Section 41 of the Gambling Act 2005 is adaptation, and so the person who actually undertakes that adaptation will need to be licensed.
To ask Her Majesty’s Government why intellectual property relating to gambling software, often owned by separate companies which in turn license that software, rather than by the direct software developers or gambling operators, remains a determinant of a gambling licence requirement.
To ask Her Majesty’s Government why intellectual property relating to gambling software, often owned by separate companies which in turn license that software, rather than by the direct software developers or gambling operators, remains a determinant of a gambling licence requirement.
Intellectual property relating to gambling software is only one of the factors that is relevant to understanding where control of the product sits. There are also other factors that are relevant when considering who needs a gambling software licence for example who is responsible for the design and functionality of the software and what the contract says in terms of responsibilities and liabilities. One relevant activity caught by Section 41 of the Gambling Act 2005 is adaptation, and so the person who actually undertakes that adaptation will need to be licensed.
To ask the Chairman of Committees how many Members of the House of Lords have been unable to access features such as their emails and calendars since the switch to Office 365.
To ask the Chairman of Committees how many Members of the House of Lords have been unable to access features such as their emails and calendars since the switch to Office 365.
Between 14th July and 31st August, PICT logged cases from 237 Members which directly related to issues resulting from the migration of their mailboxes to Microsoft Office 365. The cases covered a wide variety of issues including reconfiguration of desktops, laptops and mobile devices; we do not know the number of Members who were unable to access their email or calendar.
PICT apologises for the problems that the implementation of Office 365 caused for some Members of the House of Lords.
To ask Her Majesty’s Government what work has been done to ensure that new compliance rules relating to the Gambling Act 2005 and the Remote Gambling and Software Technical Standards do not prevent any software businesses from providing services to the gambling industry.
To ask Her Majesty’s Government what work has been done to ensure that new compliance rules relating to the Gambling Act 2005 and the Remote Gambling and Software Technical Standards do not prevent any software businesses from providing services to the gambling industry.
The Commission has held a number of meetings with software suppliers and users to discuss matters such as the length of time for suppliers to obtain the necessary licences. On current plans the requirement for licensed remote gambling operators to source their gambling software from Commission licensed gambling software businesses has been deferred until 30 January 2015. In addition, the Commission has published an advice note titled ‘What is gambling software?’. The Commission has also demonstrated its awareness of the commercial implications of its requirements by its willingness to contemplate ‘umbrella’ licensing arrangements in some circumstances.
To ask Her Majesty’s Government when further guidance will be provided to online poker gambling companies and their software providers in respect of the latest licence conditions and codes of practice guidance relating to the Gambling (Licensing and Advertising) Act 2014, the sharing of information to prevent cheating, money laundering,...
To ask Her Majesty’s Government when further guidance will be provided to online poker gambling companies and their software providers in respect of the latest licence conditions and codes of practice guidance relating to the Gambling (Licensing and Advertising) Act 2014, the sharing of information to prevent cheating, money laundering,...
The Gambling Commission has no immediate plans to add to the guidance already given, but will add answers to any specific questions or points that may emerge in the Commission’s Frequently Asked Questions blog.
To ask Her Majesty’s Government why, in respect of the Remote Gambling and Software Technical Standards, concessions were granted on compliance times in relation to auto-play and clock display.
To ask Her Majesty’s Government why, in respect of the Remote Gambling and Software Technical Standards, concessions were granted on compliance times in relation to auto-play and clock display.
The Gambling Commission has identified significant differences between its own auto-play requirements and those currently available to British consumers from operators based in other jurisdictions where they can currently offer gambling to the British market. The Commission is currently consulting on improvements to auto-play requirements and wanted to avoid unnecessary investment by operators to change their auto-play functionality whilst this is underway. There has been no concession in relation to the technical standard on clock display.
To ask Her Majesty’s Government whether, in the light of the release in July 2014 of the Gambling Commission’s consultation on amendments to its statement of principles for licensing and enforcement policy, with a closing date of September 2014, they have given consideration to delaying the deadline for applications for...
To ask Her Majesty’s Government whether, in the light of the release in July 2014 of the Gambling Commission’s consultation on amendments to its statement of principles for licensing and enforcement policy, with a closing date of September 2014, they have given consideration to delaying the deadline for applications for...
The consultation on minor updates and amendments to the Commission’s statement of principles for licensing and compliance ending on 30 September 2014, does not affect the timetable for applications for gambling software licences.
To ask Her Majesty’s Government whether they will clarify which elements of the Remote Gambling and Software Technical Standards are considered mandatory; and whether they have received any communication from businesses about the clarity of the guidance relating to those Standards.
To ask Her Majesty’s Government whether they will clarify which elements of the Remote Gambling and Software Technical Standards are considered mandatory; and whether they have received any communication from businesses about the clarity of the guidance relating to those Standards.
The Remote Gambling and Software Technical Standards clearly differentiate between requirements which are mandatory and those provisions which are guidance. The Government has not received any communication from businesses about the guidance.
To ask Her Majesty’s Government whether the Gambling Commission will publish the reasoning behind each gambling software licence decision.
To ask Her Majesty’s Government whether the Gambling Commission will publish the reasoning behind each gambling software licence decision.
The Gambling Commission does not publish the reasoning behind all licence decisions, only those where there is a public interest in doing so. There are no plans to change this process.
To ask Her Majesty’s Government why software developers and other companies involved in gambling software, working as sub-contractors for newly-licensed software suppliers, have to apply for their own licences; and what assessment they have made of the impact of that requirement on smaller businesses reliant on such short-term contracts.
To ask Her Majesty’s Government why software developers and other companies involved in gambling software, working as sub-contractors for newly-licensed software suppliers, have to apply for their own licences; and what assessment they have made of the impact of that requirement on smaller businesses reliant on such short-term contracts.
The Gambling Commission’s publication ‘What is gambling software?’ (June 2014) provides advice to assist the industry in understanding who needs a gambling software licence. This covers what constitutes the activities of manufacturing, supplying, installing and adapting gambling software, considers circumstances where multiple parties are involved in the development process and who needs a licence. The guide can be found at the following link:
http://www.gamblingcommission.gov.uk/pdf/What is gambling software - June 2014.pdf
The requirement to obtain gambling software from Gambling Commission-licensed providers is an important provision both to ensure the integrity of gambling software and to keep crime out of gambling, and ensures a consistent approach for remote gambling operators based in Britain and overseas. This requirement is set out in the Commission’s Licence Conditions and Codes of Practice and was subject to statutory consultation this year.