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
Posted in copyright, Court of Justice, CR, software
Court of Justice finally published its early morning decision in C-393/09, BSA vs. Ministry of Culture of the CR, on which Huťko previously reported here (with case background) and here. Europe’s highest ruled that … 1. A graphic user interface is not a form of expression of a computer program within the meaning of Article
Posted in civil procedural law, conflicts of laws, Court of Justice, hosting, intellectual property, ISP, trade marks
Huťko is very excited about the opinion of Advocate General Jääskinen in L´Oreal v. Ebay C-324/09 published this Thursday (9th of December). The case is so complex and deals with so many interesting questions that Huťko deems it even more intriguing reading than Google France C-236/08. So far Huťko has identified these interesting (sometimes hidden)
Posted in conflicts of laws, consumers, international private law
Court of Justice just rendered decision in two joint cases Pammer C‑585/08 and Hotel Alpenhof C‑144/09 dealing with the issue of international private law on the internet, more precisely question of jurisdiction over consumer contracts. Following articles are references to provisions of Regulation No. 44/2001 on jurisdiction and the recognition and enforcement of judgments in
Posted in copyright, EU, interpretation
Some of Huťko’ s readers may remember case ACI et al. v Stichting de Thuiskopie from 19th of March 2009, where District Court of the Hage held that downloading from illegal sources is an infringement because of the three step test. Huťko just learned that case was overturned by the Court of Appeal (cited bellow
On the 4th of October, European Information Society Institute filled a complaint (in Slovak bellow) to General Prosecution of the Slovak Republic (Generálna prokuratúra SR) concerning unconstitutionality of the data retention law in Slovakia. It has now two months to scrutinize the complaint and thoroughly assess whether to file a complaint to the Constitutional Court
As Huťko previously reported in January (background of the case), the Supreme Administrative Court of Czech Republic referred following questions to the Court of Justice: 1. Should Article 1(2) of Council Directive 91/250/EEC 1 of 14 May 1991 on the legal protection of computer programs be interpreted as meaning that, for the purposes of the
Posted in domain names, SK, trade marks
Huťko is happy to announce the existence of the first domain name ruling rendered by Supreme Court of Slovak republic (Najvyšší Súd SR). It is a usual trademark dispute with really unusually filed action. Huťko apologize for not attaching decision itself (3 Obo 197/06), but the Supreme Court decided to sent him only paper version.
Posted in domain names, SK
Slovak top level domain name registry SK-NIC has launched small consultation on new general terms and conditions that are part of every domain name contract in the ccTLD .sk. (the current ones here). These provisions should be subject to discussion by respective Commission in a few forthcoming days. European Information Society Institute – EISI together
Dear readers, Huťko sincerely apologize for almost four weeks-long silence but there was something really exciting he was working on. That something, as a headline already suggests, is European Information Society Institute (EISI). EISI is a new Slovak non-profit organization devoted to assist better information society to grow. In other words, EISI will be the