ISP

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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Posted in Art. 11 EnforD, Art. 15 EcomD, censorship, Court of Justice, EU, ISP, Liability of ISPs

Thanksgiving gift from Luxembourg – Sabam!
Huťko is very happy to inform you that the Court of Justice of the European Union just rendered its superb decision in Sabam C‑70/10. Not only it is favorable to “internet freedoms”, but to Huťko’s great surprise, it is also based on different, but even better reasoning (the court actually discussed the balance between IP-rights
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Posted in actual knowledge, Art. 11 EnforD, Art. 14 EcomD, awareness, conflicts of laws, Court of Justice, duty of care, EU, injunctions, ISP, Liability of ISPs, Sec. 8 STMA, secondary liability, trade mark use, trade marks

Hidden Gems of L’Oreal v. eBay
Some of you might be wondering why Huťko did not report on two most interesting CJEU cases of this beautiful summer – L´Oréal v. eBay C-324/09 and Interflora C-323/09. The main reason is the complexity of said cases. Summing them up in two separate articles would be just not enough to cover everything. And after
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Posted in Court of Justice, DE, ISP, Liability of ISPs, safe harbours

BGH & Two ISP Liability Cases
This week, Bundesgerichtshof decided two very interesting cases that both concern liability of internet service providers. The first, deals with liability of German domain name authority  – DENIC and second with liability of Google for the blog posts published by its users on blogging platform Blogger (the one that Huťko writes his posts on). In
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Posted in e-commerce, ISP, safe harbours

Slovakia: Webhosting provider ordered to stop publishing certain infornation on the hosted website
On 19 of May 2011, District Court Bratislava II. („Okresný súd Bratislava II.“) issued preliminary injunction against well-known Slovak NGO Aliancia Fair-Play and its hosting provider Websupport, ordering them both to stop publishing certain information concerning Plaintif on the website www.znasichdani.sk (meaning „from our taxes“). Subjected website is a third sector project run by
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Posted in Court of Justice, e-commerce, EU, injunctions, ISP, safe harbours

Scarlet Extended (Scarlet v. Sabam) – the first Hearing Report
Scarlet Extended C-70/10 dealing with the scope of injunctions against the intermediary (filtering methods) is one of the highlights of this year. Thanks to LINX you can now read a report from the very first hearing of this case held before Court of Justice on the 13th of January. Some interesting hints: Chamber – Unknown,
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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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