Tech Notes – Page 4 – IT/IP & Digital Services Act

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

Posted in CJEU, personal data, privacy

CJEU is Asked: Are Dynamic IP Addresses Personal Data?

BGH just issued a press release informing that it filed a preliminary reference to the CJEU. The question is whether dynamic IP addresses constitute a personal data according to Art. 2 (a) Data Protection Directive. The case arose between an individual who is suing the Federal Republic of Germany for an injunction against the storage

Posted in Art. 11 EnforD, Art. 8(1) EnforD, BGH, CJEU, injunctions

Munich Court Asks CJEU About Injunctions Against Operators of Open WiFis

Hutko
posted on October 13, 2014April 10, 2021
2 Comments

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

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

Posted in Art. 12 EcomD, Art. 13 EcomD, Art. 14 EcomD, safe harbours

CJEU on Applicability of the Safe Harbors to Free-of-Charge Websites

CJEU seems to be on copyright spree these days. Technische Universität Darmstadt C-117/13 , Deckmyn C-201/13 , Commission v Council C-114/12 , Pez Hejduk C-441/13 and Art & Allposters C-419/13 are all the cases I hope to be able to come back to on this blog. While these cases can wait, CJEU’s new

#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

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

Posted in Art. 12 EcomD, privacy, Tor

Austrian Court Sentenced a Tor Exit Node Operator

Last week, Austrian Regional Criminal Court in Graz (Landesgericht für Strafsachen in Graz) sentenced 22-year old William Weber to 3 months jail time with 3 years probation period for aiding distribution of child pornography by operating a Tor Exit Node, according to FutureZone.at. For those who don’t know Tor Project, it is a Free Software

Posted in Art. 14 EcomD, defamation, ECHR, freedom of expression

ECtHR: Delfi AS v Estonia Hearing

Today, the Grand Chamber of the European Court of Human Rights is holding a hearing in an important intermediary liability case – Delfi AS v. Estonia (web-stream here). The Court is hoped to correct many issues which the Chamber judgement so flagrantly overlooked, and as a consequence alarmed 69 organizations to support the re-hearing of

Should We Centralize the Right to be Forgotten Clearing House?

Being in Silicon Valley during the time when the honourable Court of Justice of the European Union “cracks” its epic right to be forgotten ruling, is a very interesting social experience. Suddenly, the European part of you receives a strange lot of attention among tech folks in all the small talks. No wonder.