[New Paper] Holey Cap! CJEU Drills (Yet) Another Hole in the E-Commerce Directive’s Safe Harbors

Yesterday, I put on SSRN a draft of my upcoming piece for JIPLP, in which I reflect on Mc Fadden and its broader consequences. Its called: Holey Cap! CJEU Drills (Yet) Another Hole in the E-Commerce Directive’s Safe Harbors. Here is the abstract: The E-Commerce Directive is going through a hard time. Numerous policy initiatives

EC Proposes Stay-down & Expanded Obligation to License UGC Services

European Commission does not care about the future of the digital single market. This is basically what it just communicated to citizens of Europe in its recently leaked proposal on Directive on copyright in the Digital Single Market. Its content is nothing but a shameful statement of where a lobbying muscle of the music industry

ECtHR To Hear A Case About Liability For Hyperlinking [+ Intervention]

Internet case-law of the ECtHR will soon be enriched. Magyar Jeti Zrt v Hungary is a new important pending case. It concerns liability for hyperlinks in the domestic defamation law and its compatibility with freedom of expression. The applicant is in the case is an operator of the Hungarian news portal 444.hu which is used by approximately

Accountable, Not Liable (Video + New Paper)

The regular readers of this blog will know that I have spent last couple of years (and hours of blogging time) pondering on problems posed by injunctions that are issued against Internet intermediaries irrespective of their tortious liability. Today, I would like to share with you some of the fruits of this work – a

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

A Copyright Story of An Infamous Book

The New Years Eve’s fireworks again announced enlargement of our public domain. Works of Malcom X, T.S.Eliot, Winston Churchill became copyright-free, at least in some countries. The popular media reported extensively on bittersweet coocurrence of Anne Frank’s and Adolf Hitler’s copyright expiration (again, not world-wide). With a notable exception of Der

New CJEU Case On Injunctions Against an Operator of an (Offline) Marketplace

UKIPO informs that the Supreme Court of the Czech Republic just referred the following questions to the Court of Justice of the European Union (Tommy Hilfiger Licensing C-494/15): Is a person with a lease of premises in a market, who provides stalls and pitches on which stalls may be placed to individual market-traders for their use,