Art. 15 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. 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
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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
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Posted in Art. 11 EnforD, Art. 15 EcomD, censorship, Court of Justice, EU, ISP, Liability of ISPs

Thanksgiving gift from Luxembourg – Sabam!
Huťko is very happy to inform you that the Court of Justice of the European Union just rendered its superb decision in Sabam C‑70/10. Not only it is favorable to “internet freedoms”, but to Huťko’s great surprise, it is also based on different, but even better reasoning (the court actually discussed the balance between IP-rights
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