Posted in Art 10 ECHR, collateral censorship, freedom of expression, overblocking, website blocking

[ECtHR] Kharitonov v Russia: When Website Blocking Goes Awry
The European Court of Human Rights will soon hear a key case on website blocking and freedom of expression online – Kharitonov v Russia (app no. 10795/14). The case raises tons of important questions. It should be therefore closely watched by scholars, advocates and policy makers. As a part of Internet Policy Clinic at TILT,
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Posted in Art. 11 EnforD, Art. 8(1) EnforD, blocking, CJEU

[New Paper] Website Blocking, Injunctions and Beyond: View on the Harmonization from the Netherlands
I have recently uploaded on SSRN a new draft of a paper about harmonization and blocking (forthcoming in GRUR Int) that I co-authored with my student, Lisa van Dongen. It is an extension of the talk that I gave in Berlin last year during the JIPLP/GRUR event. I hope you will find it useful. As
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Posted in call for papers

Intermediary Liability as a Human Rights Issue [Call for Papers]
Call for Papers (abstracts due November 30, 2016)  Intermediary Liability as a Human Rights Issue  An issue of Journal of Intellectual Property, Information Technology and Electronic Commerce Law (JIPITEC) (link)  Edited by: Martin Husovec (Tilburg University) Overview Intermediaries are backbones of Internet economy. Increasingly, they are also becoming unavoidable gatekeepers to
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Posted in Art. 12 EcomD, Art. 15 EcomD, injunctions

[New Paper] Holey Cap! CJEU Drills (Yet) Another Hole in the E-Commerce Directive’s Safe Harbors
Yesterday, I put on SSRN a draft of my upcoming piece for JIPLP, in which I reflect on Mc Fadden and its broader consequences. Its called: Holey Cap! CJEU Drills (Yet) Another Hole in the E-Commerce Directive’s Safe Harbors. Here is the abstract: The E-Commerce Directive is going through a hard time. Numerous policy initiatives
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Posted in Art. 12 EcomD, Art. 14 EcomD, Art. 15 EcomD, intermediaries

EC Proposes Stay-down & Expanded Obligation to License UGC Services
European Commission does not care about the future of the digital single market. This is basically what it just communicated to citizens of Europe in its recently leaked proposal on Directive on copyright in the Digital Single Market. Its content is nothing but a shameful statement of where a lobbying muscle of the music industry
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Posted in ECHR, freedom of expression, hyperlinking, intermediaries, Liability of ISPs, secondary liability

ECtHR To Hear A Case About Liability For Hyperlinking [+ Intervention]
Internet case-law of the ECtHR will soon be enriched. Magyar Jeti Zrt v Hungary is a new important pending case. It concerns liability for hyperlinks in the domestic defamation law and its compatibility with freedom of expression. The applicant is in the case is an operator of the Hungarian news portal 444.hu which is used by approximately
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Posted in Art. 11 EnforD, Art. 8(1) EnforD, injunctions, intermediaries, papers

Accountable, Not Liable (Video + New Paper)
The regular readers of this blog will know that I have spent last couple of years (and hours of blogging time) pondering on problems posed by injunctions that are issued against Internet intermediaries irrespective of their tortious liability. Today, I would like to share with you some of the fruits of this work – a
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Posted in Art. 11 EnforD, Art. 12 EcomD, Art. 8(3) InfoSoc, BGH, CJEU, disconnecting injunctions, injunctions, safe harbours

AG Speaks Out On Accountability For Third Party Infringements Commited Via One’s Open WiFi
As many readers surely know by now, the much awaited Opinion of the Advocate General, Maciej Szpunar, in McFadden C-414/14 case has been released this week. To my great surprise, it is one of the best opinions on the E-Commerce Directive any member of the Court has ever produced (yes, even better than Maduro’s Google France
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Posted in censorship, copyright, EU, expropriation, human rights, international private law

A Copyright Story of An Infamous Book
The New Years Eve’s fireworks again announced enlargement of our public domain. Works of Malcom X, T.S.Eliot, Winston Churchill became copyright-free, at least in some countries. The popular media reported extensively on bittersweet coocurrence of Anne Frank’s and Adolf Hitler’s copyright expiration (again, not world-wide). With a notable exception of Der
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