Art. 12 EcomD

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 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 Art. 12 EcomD, Art. 13 EcomD, Art. 14 EcomD, Court of Justice, defamation, Liability of ISPs

New Preliminary Reference on Safe Harbors From Cyprus
EU Law Radar reports new preliminary reference on eCommerce Directive safe harboring system – Papasavvas C-291/13. The questions arose in a case dealing with liability for libel committed online.  The claimant in this case, Mr Papasavvas, sues for damages in a Cypriot court because he fells that an article in the defendant’s printed newspaper, which
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