Tech Notes – Page 12 – digital innovation & civil liberties (+DSA)

Posted in copyright, Court of Justice, originality, three-step test

AG’s Opinion in Painer v Standard VerlagsGmbH

On 12th of April 2011, AG Trstenjak delivered her Opinion in Case C-145/10, Painer v Standard VerlagsGmbH et al., in which the Court of Justice has been asked to clarify several issues concerning copyright protection of portrait photos and their use in news reports (reported by IPKat here). AG advised following: 1. The notion of

Posted in copyright, CR

Abuse of Copyright Exception for Personal Use

Interesting news coming via Kluwer Copyright Blog by Tomáš Dobřichovský from Kříž & Bělina. Mr. Dobřichovský reports decision rendered by High Court in Prague (Vrchní soud v Praze) on 20th of April 2010. The defendant, the so-called “cooperative of CD co-owners” abuses the ‘personal use’ exeption under Article 30 of Copyright, together with the three-step-test

Posted in CR, data retention

Data Retention held Unconstitutional in Czech republic

Great news coming from Brno today. Constitutional court of Czech republic ruled this morning that data retention provisions of Electronic Communication Act are in breach of right to privacy and informational self-determination and therefore invalidated respective provisions. There is no data retention regulation since today in Czech republic! .. contested legislation violates constitutional

Posted in Court of Justice, EU, trade marks

GA’s Opinion in Inteflora

General Advocate delivered his opinion in Interflora C-323/09 this morning. Huťko is highliting only the second part of “executive summary” which concerns application of Article 5(2). Article 5(2) of Directive 89/104 and Article 9(1)(c) of Regulation No 40/94 must be interpreted as meaning that the use of a sign as a keyword in an internet

Posted in CR, trade marks

Keyword Advertising Event in Brno

Huťko has a great tip for all “keyword” enthusiasts. Institute of Law and Technology of Masaryk University in Brno (Czech republic) cordially invites you to attend a workshop: “Making Money by Riding on the Coattails of the Reputation of the Trademarks of Others OR an Inventive Business Model That Happens to Reveal the Flaws of

Posted in copyright, ECHR, EU, human rights

Article 10 of the ECHR and Copyright Law

Huťko would like to draw attention of his readers to one very interesting paper named “The Right to Receive Information Under Article 10 of the ECHR: An Investigation from a Copyright Perspective” written by Robin Elizabeth Herr, who is assistant professor at Copenhagen Business School. What is the work about? (quoted from abstract) The purpose

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

Posted in copyright, Court of Justice, DE

BGH referred UsedSoft case to Court of Justice

Huťko just learned that the first senate of Bundesgerichtshof already referred its questions to the Court of Justice of European Union in the UsedSoft case (I ZR 129/08 ). UsedSoft is very interesting copyright case that deals with the resale of downloaded software. Court of Justice was asked to clarify the legal uncertainty that exists

Posted in copyright, EU, SK

Every Thesis Defended in Slovakia will be Compulsory Published Online

In the end of the last year Slovak parliament passed (and President signed) so called anti-plagiarism amendment of the Act on Schools of Higher Education (hereinafter as “the Act”). This amendment basically legislates that each student of Slovak university have to give his consent (license) to have his thesis published online, otherwise he wont be