Liability of ISPs – Tech Notes

Posted in ECHR, freedom of expression, hyperlinking, intermediaries, Liability of ISPs, secondary liability

ECtHR To Hear A Case About Liability For Hyperlinking [+ Intervention]

Internet case-law of the ECtHR will soon be enriched. Magyar Jeti Zrt v Hungary is a new important pending case. It concerns liability for hyperlinks in the domestic defamation law and its compatibility with freedom of expression. The applicant is in the case is an operator of the Hungarian news portal 444.hu which is used by approximately

ECHR on Liability of ISPs as a Restriction of Freedom of Speech

Hutko
posted on October 14, 2013April 10, 2021
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European Court of Human Rights in Strasbourg handed down its first “ISP liability” case – Delfi AS v. Estonia (App. No. 64569/09). The case concerns a question of liability of an Internet news portal for third party comments made on its website under one of the news items. First some background: 7. The applicant company

New Preliminary Reference on Safe Harbors From Cyprus

EU Law Radar reports new preliminary reference on eCommerce Directive safe harboring system – Papasavvas C-291/13. The questions arose in a case dealing with liability for libel committed online. The claimant in this case, Mr Papasavvas, sues for damages in a Cypriot court because he fells that an article in the defendant’s printed newspaper, which

Posted in Liability of ISPs, personality rights, search engines

Liability for Algorithm Design & Big Data (Google Auto-complete)

The sixth senate of the German Federal Supreme Court (BGH) in March decided a case against Google (VI ZR 269/12) involving a question of its liability for Autocomplete Tool. The case was widely reported around various websites (IPKat, DW, BBC, etc.) as ‘Germany tells Google to tidy up auto-complete’. Few weeks ago, the decision full-text

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

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

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

Posted in injunctions, Liability of ISPs, safe harbours

European Cases on Ordering ISPs to Block Certain Websites

In the last few months, Huťko noticed exponential rise of the cases that demanded access providers to render certain infringing websites inaccessible to its subscribers. The legal basis is usually national counterpart of the Art. 8(3) of the InfoSoc directive, which provides that “Member States shall ensure that rightholders are in a position to apply

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