CJEU

Posted in Art. 11 EnforD, Art. 8(1) EnforD, blocking, CJEU

[New Paper] Website Blocking, Injunctions and Beyond: View on the Harmonization from the Netherlands
I have recently uploaded on SSRN a new draft of a paper about harmonization and blocking (forthcoming in GRUR Int) that I co-authored with my student, Lisa van Dongen. It is an extension of the talk that I gave in Berlin last year during the JIPLP/GRUR event. I hope you will find it useful. As
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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. 8(3) InfoSoc, civil society, CJEU

Why Open WiFi is Endangered in Europe? And Why it Matters? An Open Letter
Technology that helps to save human lives is now endangered by the copyright enforcement. In World Disasters Report 2013, the Red Cross celebrated an innovation developed by Dr. Paul Gardner-Stephen from Flinders University. His invention was designed to ease decentralized communications between individuals in absence of any usual connectivity. This radically helps to improve on-the-ground
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Posted in CJEU, communication to the public, InfoSocD

What Does BestWater Decision Mean For Future of Embedding?
I guess most of you already heard the news that CJEU recently in BestWater C-348/13 allegedly discharged embedding from copyright consent. Some media already started celebrating “this landmark ruling” and some attorneys commenting on consequences with confidence (e.g. here at FAZ). I would personally still wait with any “embedding-is-free-parties”. CJEU decided BestWater
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Posted in Art. 11 EnforD, Art. 8(1) EnforD, BGH, CJEU, injunctions

Munich Court Asks CJEU About Injunctions Against Operators of Open WiFis
Regional Court in Munich (LG München) last month filed a preliminary reference to the CJEU (Case 7 O 14719/12 – reported by OffeneNetze) asking several questions related to applicability of mere conduit safe harbour to free and open WiFis and also to possibilities of national courts to impose certain obligations on (non-liable) providers of such
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Posted in Art. 11 EnforD, Art. 8(3) InfoSoc, blocking, civil procedural law, CJEU, copyright, injunctions, website blocking

Austrian Supreme Court Confirms Open-Ended Website Blocking Injunctions [UPC Telekabel Wien]
Last Thursday, the Austrian Supreme Court (OGH) issued the decision (OGH, 4 Ob 71/14s) in the proceedings that gave rise to the UPC Telekabel C-314/12 reference before the Court of Justice of the European Union. OGH confirmed the lower court decision, which granted an open-ended website blocking injunction against the biggest Austrian ISP. Although the
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Posted in CJEU, data protection, EU, free speech, freedom of expression, privacy, right to be forgotten

Should We Centralize the Right to be Forgotten Clearing House?
Being in Silicon Valley during the time when the honourable Court of Justice of the European Union “cracks” its epic right to be forgotten ruling, is a very interesting social experience. Suddenly, the European part of you receives a strange lot of attention among tech folks in all the small talks. No wonder.
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Posted in BGH, CJEU, data protection, data scraping, database right, unfair comptetition

BGH: Screen Scraping Does Not Constitute Unfair Competition
German Federal Supreme Court (BGH) is in a new case on meta search engines and screen scraping — Flugvermittlung im Internet, I ZR 224/12 — again proving its superior expertise and better sense of the real world compared to the Court of Justice of the EU. In a case involving notorious litigant Ryaniar who sued
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