copyright – Page 4

Deeplinking vs. Technological Protection Measures

This is very interesting stuff. In case I. ZR 39/08 German Bundesgerichtshof decided that deeplinkig could in some cases lead to infringement of technological protection measures. Namely, if a deep link bypassed technical measures taken by the copyright holder to ensure that its protected works could only be accessed by certain users or through certain

Posted in copyright, Court of Justice, CR, software

Graphic User Interface is not Protected as a Computer Program

Court of Justice finally published its early morning decision in C-393/09, BSA vs. Ministry of Culture of the CR, on which Huťko previously reported here (with case background) and here. Europe’s highest ruled that … 1. A graphic user interface is not a form of expression of a computer program within the meaning of Article

Posted in copyright, EU, interpretation

Private Copying from Illegal Sources & Three Step Test

Some of Huťko’ s readers may remember case ACI et al. v Stichting de Thuiskopie from 19th of March 2009, where District Court of the Hage held that downloading from illegal sources is an infringement because of the three step test. Huťko just learned that case was overturned by the Court of Appeal (cited bellow

Posted in copyright, CR, software

GA Delivered Opinion in C-393/09

As Huťko previously reported in January (background of the case), the Supreme Administrative Court of Czech Republic referred following questions to the Court of Justice: 1. Should Article 1(2) of Council Directive 91/250/EEC 1 of 14 May 1991 on the legal protection of computer programs be interpreted as meaning that, for the purposes of the

Posted in copyright, Court of Justice, search engines

Infopaq II. is Coming to the Court of Justice

This is really exciting news. Infopaq v. Danish Daily Newspaper Publishers’ Association litigation is probably not over. Indeed, Danish court has addressed Court of Justice with another bundle of highly interesting questions. So after very interesting Infopaq I. C-05/08 decision, let’s see what Court of Justice have to say about Infopaq II. C-302/10 questions in

Posted in copyright, hosting, ISP, safe harbours, search engines, US

YouTube Covered by The Hosting Safe Harbour

Great news! Google has won a long standing lawsuit – Viacom v. YouTube. Southern District Court of New York has affirmed that DMCA safe harbours have been intended to cover such service as YouTube. Huťko guess that most of us expected the ruling in favour of Google. E.g. I am pretty sure about prof. Giovanni

Posted in copyright, Court of Justice, CR, EU, search engines, SK

Limitations in the European Copyright Code

I´m sure everybody heard of European Copyright Code (ECC) being published last week. Exceptional European intellectual property scholars participated at this work. Hence the ECC is neat, precise and inspiring altogether. I would like to focus on the Limitations part of it in this post. More specifically on the Article 5.5 “Further Limitations”. Any other

Posted in copyright, CR, mylife, search engines, SK

My Thesis about the Copyright and Internet Search is Ready for the Thesis Defence

I have to say, i almost hated this piece before today´s final submitting. I guess it´s a usual experience of each author, isn´t it ? So, for all of you my folks interested in copyright limitations and exception from Czech and Slovak perspective (mostly), please refer to my thesis The legal aspects of search engines.

Posted in copyright, CR

The Czech Supreme Court on Filesharing

I just returned from the Hannover, the mind empowering conference, and immediately bumped into this case. Case No. 5 Tdo 31/2010 (hereinafter as Ladies don´t watch pornography case ) is a criminal proceedings against an alleged Czech filesharer. The Czech Supreme Court reversed his conviction in this decision from 27 of January 2010.

Posted in copyright, EU, SK

Weird Slovak Copyright Exception Proposal

Ministry of Health proposed new copyright exception within it´s eHealth reform, which my friend Mico pointed out to me. Even though it bears just a few words, it opens up numerous copyright problems. According to proposed law each publisher of work in the field of medical and health sciences have a duty to provide National