Art. 14 EcomD

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
Read More
Posted in Art. 14 EcomD, Art. 15 EcomD, DE, defamation, hosting, personality rights

German Court: Wikipedia Must Act Upon Notice
Techdir few days ago reported that Higher Regional Court of Stuttgart (OLG Stuttgart) held that “Wikimedia is liable for contents of Wikipedia articles”. This very inflated headline of course caught attention of many, including mine. The outcome, however, does not seem to be so dramatic as the headline suggests (Mike Masnick rectifies possible misunderstanding in
Read More
Posted in Art. 14 EcomD, Art. 15 EcomD, defamation, ECHR, human rights, Liability of ISPs, secondary liability

ECHR on Liability of ISPs as a Restriction of Freedom of Speech
European Court of Human Rights in Strasbourg handed down its first “ISP liability” case – Delfi AS v. Estonia (App. No. 64569/09). The case concerns a question of liability of an Internet news portal for third party comments made on its website under one of the news items. First some background: 7.  The applicant company
Read More
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
Read More
Posted in Art. 11 EnforD, Art. 14 EcomD, Art. 8(3) InfoSoc, BGH, DE, hosting, Liability of ISPs

BGH on Liability of Rapidshare
BGH today according to its press release decided in Atari Europe v. Rapidshare, known also as “Alone in the dark” (BGH, I ZR 18/11, LG Düsseldorf – 12 O 40/09).  The case concerns action brought by Atari Europe, the producer of well-known computer game “Alone in the dark”, against the file-hosting provider Rapidshare.  As the
Read More
Posted in actual knowledge, Art. 11 EnforD, Art. 14 EcomD, awareness, conflicts of laws, Court of Justice, duty of care, EU, injunctions, ISP, Liability of ISPs, Sec. 8 STMA, secondary liability, trade mark use, trade marks

Hidden Gems of L’Oreal v. eBay
Some of you might be wondering why Huťko did not report on two most interesting CJEU cases of this beautiful summer – L´Oréal v. eBay C-324/09 and Interflora C-323/09. The main reason is the complexity of said cases. Summing them up in two separate articles would be just not enough to cover everything. And after
Read More