hosting

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. 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 e-commerce, enforcement, FR, hosting, safe harbours

France: Dailymotion & Fuzz – Covered by Hosting Safe Harbour
Very exciting news coming via EDRi gram. On 17 February 2011 the French Court of Cassation recognized the hosting status of Dailymotion and Fuzz.fr. The court also confirmed, in relation to the Amen website case, that the judges had to verify that the content withdrawal requests observed the requirements of LCEN (loi pour la confiance
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Posted in civil procedural law, conflicts of laws, Court of Justice, hosting, intellectual property, ISP, trade marks

GA’s Opinion in L´Oreal v. Ebay
Huťko is very excited about the opinion of Advocate General Jääskinen in L´Oreal v. Ebay C-324/09 published this Thursday (9th of December). The case is so complex and deals with so many interesting questions that Huťko deems it even more intriguing reading than Google France C-236/08. So far Huťko has identified these interesting (sometimes hidden)
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