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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Posted in CJEU, communication to the public, InfoSocD

What Does BestWater Decision Mean For Future of Embedding?
I guess most of you already heard the news that CJEU recently in BestWater C-348/13 allegedly discharged embedding from copyright consent. Some media already started celebrating “this landmark ruling” and some attorneys commenting on consequences with confidence (e.g. here at FAZ). I would personally still wait with any “embedding-is-free-parties”. CJEU decided BestWater
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Posted in Art. 11 EnforD, Art. 8(1) EnforD, BGH, CJEU, injunctions

Munich Court Asks CJEU About Injunctions Against Operators of Open WiFis
Regional Court in Munich (LG München) last month filed a preliminary reference to the CJEU (Case 7 O 14719/12 – reported by OffeneNetze) asking several questions related to applicability of mere conduit safe harbour to free and open WiFis and also to possibilities of national courts to impose certain obligations on (non-liable) providers of such
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Posted in Art. 11 EnforD, Art. 8(3) InfoSoc, disconnecting injunctions, intermediaries, papers

New Paper On Novel Type of Injunctions Against Intermediaries
The readers interested in questions of intermediary liability, injunctions and online enforcement might be interested in a new paper authored by me and my friend Miquel Peguera. It is a substantially revised version of a working paper that was previously made available on SSRN in July this year. Since the copyright policy of the journal
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Posted in ACTA, Art. 11 EnforD, Art. 8(3) InfoSoc, CETA, disconnecting injunctions, EU, intermediaries, safe harbours

#CETA: Should Canadian Internet Intermediaries Worry?
The Comprehensive Economic and Trade Agreement (CETA) is a proposed free trade agreement between Canada and the European Union. It is yet another alphabet soup that was cooked by our dear policy makers without first asking the public if it is hungry for any change of intellectual property protection/enforcement. As most of the other alphabet
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Posted in Art. 11 EnforD, Art. 8(3) InfoSoc, blocking, civil procedural law, CJEU, copyright, injunctions, website blocking

Austrian Supreme Court Confirms Open-Ended Website Blocking Injunctions [UPC Telekabel Wien]
Last Thursday, the Austrian Supreme Court (OGH) issued the decision (OGH, 4 Ob 71/14s) in the proceedings that gave rise to the UPC Telekabel C-314/12 reference before the Court of Justice of the European Union. OGH confirmed the lower court decision, which granted an open-ended website blocking injunction against the biggest Austrian ISP. Although the
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