Posted in Art. 11 EnforD, Art. 12 EcomD, Art. 8(3) InfoSoc, BGH, CJEU, disconnecting injunctions, injunctions, safe harbours

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
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Posted in censorship, copyright, EU, expropriation, human rights, international private law

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
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Posted in Art. 11 EnforD, innocent parties injunctions

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,
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Posted in Uncategorized

ECtHR: Imposing Strict Liability for User Comments is Compatible with Freedom of Expression
Yesterday, the European Court of Human Rights delivered its Grand Chamber ruling in Delfi AS v Estonia (64569/09), a case involving an online publisher (Delfi) who was sued for third party anonymous comments on his website.  Delfi complained to ECtHR that Estonia allegedly infringed upon its freedom of expression when Estonian courts hold it fully
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Posted in Art. 8(3) InfoSoc, civil society, CJEU

Why Open WiFi is Endangered in Europe? And Why it Matters? An Open Letter
Technology that helps to save human lives is now endangered by the copyright enforcement. In World Disasters Report 2013, the Red Cross celebrated an innovation developed by Dr. Paul Gardner-Stephen from Flinders University. His invention was designed to ease decentralized communications between individuals in absence of any usual connectivity. This radically helps to improve on-the-ground
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Posted in Constitution, human rights, right to cultural participation, SK

Tank Man hits the Constitutional Court: Copyright and Freedom of Expression
Regular readers of Kluwer Copyright blog would be familiar with an earlier decision by the Slovak Supreme Court about unauthorized use of a famous Tank Man picture in the Slovak media. Now the case hit the Slovak Constitutional Court, thus providing it with the first ever opportunity to discuss the interface of copyright and freedom
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