linking – Tech Notes

Posted in CJEU, communication to the public, copyright, linking

CJEU: Hyperlinks Are Copyright Free. Are They Really?

Highly awaited Svensson C-466/12 ruling of the CJEU is now available online. It will be most likely positively received by the European media. And probably rightly so. Despite this, however, I can not help to (preliminary) question two basic issues in the ruling: Assumption of the authorized (source) content; CJEU carries out the entire analysis

Posted in CJEU, communication to the public, copyright, linking

Is Linking to Copyrighted Works Communication to the Public? CJEU is asked

Two decades old debate of internet law now reached the Court of Justice of EU. UK IPO reports new preliminary reference Svensson e.a. C-466/12. 1. If anyone other than the holder of copyright in a certain work supplies a clickable link to the work on his website, does that constitute communication to the public within

Posted in copyright, DE, DRM, linking

Deeplinking vs. Technological Protection Measures

This is very interesting stuff. In case I. ZR 39/08 German Bundesgerichtshof decided that deeplinkig could in some cases lead to infringement of technological protection measures. Namely, if a deep link bypassed technical measures taken by the copyright holder to ensure that its protected works could only be accessed by certain users or through certain

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