safe harbours – Tech Notes

Posted in Art. 11 EnforD, Art. 12 EcomD, Art. 8(3) InfoSoc, BGH, CJEU, disconnecting injunctions, injunctions, safe harbours

AG Speaks Out On Accountability For Third Party Infringements Commited Via One’s Open WiFi

As many readers surely know by now, the much awaited Opinion of the Advocate General, Maciej Szpunar, in McFadden C-414/14 case has been released this week. To my great surprise, it is one of the best opinions on the E-Commerce Directive any member of the Court has ever produced (yes, even better than Maduro’s Google France

Posted in Art. 12 EcomD, Art. 13 EcomD, Art. 14 EcomD, safe harbours

CJEU on Applicability of the Safe Harbors to Free-of-Charge Websites

CJEU seems to be on copyright spree these days. Technische Universität Darmstadt C-117/13 , Deckmyn C-201/13 , Commission v Council C-114/12 , Pez Hejduk C-441/13 and Art & Allposters C-419/13 are all the cases I hope to be able to come back to on this blog. While these cases can wait, CJEU’s new

#CETA: Should Canadian Internet Intermediaries Worry?

The Comprehensive Economic and Trade Agreement (CETA) is a proposed free trade agreement between Canada and the European Union. It is yet another alphabet soup that was cooked by our dear policy makers without first asking the public if it is hungry for any change of intellectual property protection/enforcement. As most of the other alphabet

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

Posted in CR, hosting, safe harbours

Czech republic: Liability of the Website for Third Party Comments

Huťko knows that this article should have been here since May already, but he begs your pardon and hopes to redress this wrong in the following lines. On 17 March 2010, the City Court of Prague rendered probably the first Czech decision that involved the hosting safe harbor – so called Prolux case (10 Cm

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

Posted in Court of Justice, CR, mylife, safe harbours, SK, trade marks

Brief Summary of April / May / June and Beyonds

Huťko is back! Though he actually never left 🙂 As you may have already noticed, last few months were more “quiet” than usual. This is due to the endless final exams period that was “entertaining” Huťko and consuming his entire time. Nevertheless this period is over, Huťko finally entered lawyer-dom and you can look forward

Posted in CR, hosting, safe harbours

Actual Knowledge of Hosting Provider is Only the First Sieve

Huťko’s readers may remember Prolux case, where for the first time in Czech republic, the hosting safe harbour was applied (at least to Huťko’s knowledge). As parties appealed, case got to the Higher Court of Prague (Vrchní soud v Praze). Few days ago, Huťko learned at this blog, that court ruled on 3rd of March

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