Posted in blocking, censorship, child pornography, EU

New Directive: Measures Against Websites Disseminating Child Pornography
Huťko just bumped to the new Directive 2011/92/EU of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography. I recall the debate about this paragraph in the European parliament, but then I forgot to follow the discussion to the end. It looks like Member States shall bring into
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Posted in CJEU, data protection, EU, search engines

Spanish Court Asks CJEU on Right to Be Forgotten in Search Engine
Huťko´s friend Miquel Peguera reports on his blog that a Spanish court, the Audiencia Nacional, just referred several very interesting questions in regard to application of a right to be forgotten in Google´s search results under the current European data protection laws. CJEU number Google Spain and Google C-131/12. He reports: The issue is in
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Posted in CJEU, collective societies, copyright, CR, EU, free movement

Collective Societies & Free Movement – A New Preliminary Reference to CJEU?
In November 2011, the Czech Constitutional Court, in its ruling II. ÚS 1658/11, canceled decision of the City Court in Prague and referred it back (due to breach of  a right to statutory judge), arguing that the court failed to ask the Court of Justice of European Union on issue of whether Czech Copyright Act,
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Posted in CJEU, copyright, three-step test

CJEU: Does The Three Step Test Matter?
Huťko almost missed the publication of Infopaq II. C-302/10 decision. On 17th of January, CJEU pronounced its awaited decision on ´temporary and transient reproductions´, monitoring agencies and most importantly the role of the Union three step test. So what CJEU said?  Question 7 relating to the condition that the acts of reproduction must neither conflict
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Posted in CJEU, copyright, originality, SK

Newspaper articles not creative enough. An issue for the CJEU?
Kluwer Copyright blog just published my article about ECOPRESS v. STORIN, which denied copyright protection on newspaper articles (reported by IPKat here). In article, I outline the background of the case, give some comments on compatibility with last European cases and mention that our European Information Society Institute, is now preparing amicus curiae brief before
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Posted in copyright, Court of Justice, EU, originality

European Originality Doctrine – Another Step Further?
Story of European originality concept seems to be evolving with every possible court case. For those who don´t know what I am talking about, a brief summary first. CJEU first in Infopaq C-5/08 expanded Union law concept of originality to the other works that photographs, databases and computer programs, which have their own directives. Later
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