disconnecting injunctions

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

New Paper On Novel Type of Injunctions Against Intermediaries

The readers interested in questions of intermediary liability, injunctions and online enforcement might be interested in a new paper authored by me and my friend Miquel Peguera. It is a substantially revised version of a working paper that was previously made available on SSRN in July this year. Since the copyright policy of the journal

#CETA: Should Canadian Internet Intermediaries Worry?

The Comprehensive Economic and Trade Agreement (CETA) is a proposed free trade agreement between Canada and the European Union. It is yet another alphabet soup that was cooked by our dear policy makers without first asking the public if it is hungry for any change of intellectual property protection/enforcement. As most of the other alphabet

Spanish Court Issued The First Disconnecting Injunction Against a Single Access Provider

A good friend, Miquel Peguera from Spanish Universitat Oberta de Catalunya, just reported what is probably the first private litigation, where an access provider was sued to disconnect its subscribers from the Internet. Although some Nordic countries already earlier reported cases where access providers were sued to disconnect different providers of allegedly infringing services, Promusicae