search engines

Posted in CJEU, data scraping, database right, search engines

Meta Search Engines Likely to Infringe Database Right by Data Scraping
The Christmas time drowned out publication of a particularly interesting CJEU decision – Innoweb C‑202/12 – dealing with the EU-specific database right and its applicability to meta search engines. The preliminary reference before the CJEU came from a Dutch proceedings of Wegener group against Innoweb BV and its operation of a dedicated car meta search
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Posted in data protection, personal data, privacy, search engines

Some Notes on AG’s Opinion in Google Spain Case
Being in almost summer off-mode, I finally found some time to read AG’s Opinion in Google Spain C-131/12. I was personally quite surprised to find there many references to eCommerce Directive safe harbors and secondary liability in the data protection law. Here are my notes with relevant passages. But let me start with super short
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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
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Posted in CJEU, data protection, EU, search engines

Spanish Court Asks CJEU on Right to Be Forgotten in Search Engine
Huťko´s friend Miquel Peguera reports on his blog that a Spanish court, the Audiencia Nacional, just referred several very interesting questions in regard to application of a right to be forgotten in Google´s search results under the current European data protection laws. CJEU number Google Spain and Google C-131/12. He reports: The issue is in
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Posted in Court of Justice, international private law, search engines, trade marks

Another Keyword Advertising Reference – Wintersteiger
It looks like keyword advertising “saga” is not over yet. Court of Justice just received another keyword advertising preliminary reference from a national court, namely C-523/10 Wintersteiger (not on the Curia’s website yet – see IPO). This time it concerns international private law, more specifically interpretation of the Brussels I. regulation which sets jurisdiction
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Posted in copyright, Court of Justice, search engines

Infopaq II. is Coming to the Court of Justice
This is really exciting news. Infopaq v. Danish Daily Newspaper Publishers’ Association litigation is probably not over. Indeed, Danish court has addressed Court of Justice with another bundle of highly interesting questions. So after very interesting Infopaq I. C-05/08 decision, let’s see what Court of Justice have to say about Infopaq II. C-302/10 questions in
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Posted in copyright, Court of Justice, CR, EU, search engines, SK

Limitations in the European Copyright Code
I´m sure everybody heard of European Copyright Code (ECC) being published last week. Exceptional European intellectual property scholars participated at this work. Hence the ECC is neat, precise and inspiring altogether. I would like to focus on the Limitations part of it in this post. More specifically on the Article 5.5 “Further Limitations”. Any other
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