Tech Notes – Page 13 – IT/IP & Digital Services Act

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

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 community involvement, enforcement, EU, intellectual property

Europe Need to Hear Your Voice

There are two important things I would like to draw your attention to. Firstly, prominent European Academics composed a brief letter analysing ACTA provisions and now they are calling for your important assistance. Please take few seconds to symbolically support their effort for balanced IP rights enforcement in EU by signing here. Secondly, European Commission

Posted in Court of Justice, e-commerce, EU, injunctions, ISP, safe harbours

Scarlet Extended (Scarlet v. Sabam) – the first Hearing Report

Scarlet Extended C-70/10 dealing with the scope of injunctions against the intermediary (filtering methods) is one of the highlights of this year. Thanks to LINX you can now read a report from the very first hearing of this case held before Court of Justice on the 13th of January. Some interesting hints: Chamber – Unknown,

Posted in civil substantive law, contracting, e-government, SK

Contracts with Slovak Public Bodies have to be Published Online to become Effective

Huťko got some news for you (and there are bits of IP law as well). Slovak parliament passed the amendment (Act. No. 546/2010) to Slovak Civil Code (Act. No 40/1964 Coll. ) and to Act on Free Access to Information (Act. No. 211/2000) which sets up the category of Obligatory Published Contract (OPC). No OPC

What will year 2011 bring us?

Huťko would like wish happy New Year to all of his readers. He hopes that 2011 will bring you as much of joy in your life as possible. Huťko likes this quote by Edith Lovejoy Pierce. “We will open the book. Its pages are blank. We are going to put words on them ourselves. The

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