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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Posted in CJEU, data protection, EU, free speech, freedom of expression, privacy, right to be forgotten

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.
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Posted in BGH, CJEU, data protection, data scraping, database right, unfair comptetition

BGH: Screen Scraping Does Not Constitute Unfair Competition
German Federal Supreme Court (BGH) is in a new case on meta search engines and screen scraping — Flugvermittlung im Internet, I ZR 224/12 — again proving its superior expertise and better sense of the real world compared to the Court of Justice of the EU. In a case involving notorious litigant Ryaniar who sued
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Posted in Art. 11 EnforD, Art. 8(3) InfoSoc, CJEU, website blocking, webstreaming

CJEU Allowed Website Blocking Injunctions With Some Reservations
So the CJEU finally issued its UPC Telekabel Wien C-314/12 decision. It contains several good points, but also some missed opportunities (the rejections of a need of specific measures is quite a disappointment), and black-box type of issues, where only the time will tell. But before I get to the ruling, it is very interesting
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Posted in actio negatoria, CZ, domain names, ECHR

Czech Constitutional Court: Domain Name Protected as a Property
The Czech Constitutional Court this month handed its anticipated decision in globtour.cz case (III. ÚS 2912/12). The Court heard a constitutional complaint by one of the plaintiffs who complained that his right to fair trial, right to property and right to legal certainty were infringed when the Czech Supreme Court rejected the domain name transfer
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Posted in CJEU, communication to the public, copyright, linking

CJEU: Hyperlinks Are Copyright Free. Are They Really?
Highly awaited Svensson C-466/12 ruling of the CJEU is now available online. It will be most likely positively received by the European media. And probably rightly so. Despite this, however, I can not help to (preliminary) question two basic issues in the ruling: Assumption of the authorized (source) content; CJEU carries out the entire analysis
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