Art. 8(3) InfoSoc

Posted in actio negatoria, Art. 11 EnforD, Art. 8(3) InfoSoc, CJEU, in rem injunctions, injunctions

Injunctions Outside of Tort Law?
Thanks to crowd funding call orchestrated by Jeremy and several extraordinary people from around the world (some of them anonymous), to whom I am greatly indebted for their spontaneous support, I will be able to share one of my recent work-in-progress papers with audience at INTA next week in Dallas. The working version of the
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Posted in Art. 11 EnforD, Art. 8(3) InfoSoc, human rights, right to a fair trail, UK, website blocking

What’s Wrong With UK Website Blocking Injunctions?
British courts issued already three website blocking injunctions against five copyright-infringing websites (Newzbin II. + 1 , Dramatico Entertainment + 1 , EMI Records ). In this blog post I don’t want to question the effectiveness of the remedy for copyright cases as I did before (see also J Arnold’s opinion in EMI
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Posted in Art. 8(3) InfoSoc, CJEU, copyright, three-step test

IViR Has Some Numbers for CJEU
One of Huťko’s favorite European Internet law Institutes, Dutch IViR, recently published an interesting survey-based study on downloading and streaming from illegal sources in the Netherlands (including the effects of website blocking on consumers behaviour). Some of the findings might be really interesting for CJEU, who will be deciding two related cases this year. Namely:
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Posted in Art. 11 EnforD, Art. 8(3) InfoSoc, CJEU, Court of Justice, EU, secondary liability

Is There Any Union Wide Secondary Liability?
In course of preparing my notes for the lecture on ‘Website blockig’, which I will hold in Brno in two weeks at Cyberspace conference, I bumped to several interesting things, which provoked the question formulated in the headline of the article. ‘Is There Any Union-wide Secondary Liability?’ Firstly, let me explain what I mean when
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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
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Posted in Art. 11 EnforD, Art. 8(3) InfoSoc, CJEU, EU, injunctions, ISP, website blocking

New CJEU Referral: Is Website Blocking OK with Union Law?
E-comm blog reports a new exciting Austrian referral (OGH decision) before CJEU, which deals with the question whether the Union law provides for website blocking injunctions against Access Providers. The case UPC Telekabel Wien C-314/12 is already listed on the Curia website and has a potential to solve a vast disagreement of EU courts on
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