ISP – Page 2 – Tech Notes

Posted in DE, hosting, ISP, search engines

Search Engine´s Liability by BGH

Huťko assumes that all of his readers are familiar with the case Vorschaubilder I ZR 69/08 handed down by German BGH last month. The case deals predominantly with the copyright issues of the Google´s image search. Inspite of that, this short remark is aimed to address the search engine´s liability part of judgment. Firstly, some

Posted in CR, free speech, hosting, ISP

The First Czech Ruling Involving the Hosting Safe Harbour

As unbelievable as this may sound, Slovakia and Czech republic still does not have any case law on the liability of ISPs (at least as far as I know). Fortunately, this is about to change. City Court of Prague delivered it´s first instance ruling (10 Cm 47/2009-39) concerning the liability of ISP for the third

Posted in Court of Justice, EU, ISP, safe harbours

Questions Referred in the Scarlet v. Sabam

Scarlet Extended C-70/10 already known as Scarlet v. Sabam case has it´s referred questions on the Curia website already. They are same as 1709 blog previously reported. However, now with the assigned number at least a bit further on it´s 17 months way (average time before CJ) to the arrival of the final decision. Making

Posted in EU, ISP, SK

My presentation on ISP´s liability

I´ve had an opportunity to deliver a lecture (more accurate short student presentation) on ISP´s liability at E-Commerce class. Here´s a transcript of it in .pdf form (sorry folks again in Slovak). I hope the people did enjoy it.

Posted in Court of Justice, duty of care, EU, intellectual property, ISP, safe harbours

European Safe Harbours and the Future Case Law

This year could be incredibly ground breaking for European safe harbours. Despite of many preliminary questions, it´s unlikely (still believe in TM issue) that all of them are going to be answered. Although i think they should be (not just because of my interest). So let´s sum up, what we have at the “porch” of

Maduro´s neutrality condition critisism

As i´ve pointed out last week, i never got the neutrality condition proposed by GA Maduro. As much as our opinions coinceded on the trademark issue, i couldn´t help to disagree with his reasonig on the hosting exemption. General Advocate stated that hosting exemption does not apply to AdWords, because of not meeting essential neutrality

Posted in Court of Justice, DRM, EU, intellectual property, ISP, linking, search engines, takedown notice, US

European Commission on information location tools

I encourage you to read latest post on ACTA by EFF. And also leaked comments of European Commission (EC) to US proposal of ACTA provisions. What i´ve found (inter alia) interesting is a part of this document, which relates to information location tools liability regime. EC provided it´s short opinion on safe harbour provisions in