Posted in CJEU, data protection, EU, personal data, personality rights

Does Use of CCTVs to Protect Your Home From Offenders Fall Outside of EU Data Protection Laws?
This is how we could rephrase a new preliminary reference by the Czech Administrative Supreme Court.  Journalist and former publisher of local newspapers Mr. Ryneš had persisting problems with unknown offenders who attacked him six times and several times damaged his house. Czech Police never found out who they were. Mr. Ryneš thus decided to
Read More
Posted in Art. 11 EnforD, Art. 8(3) InfoSoc, human rights, right to a fair trail, UK, website blocking

What’s Wrong With UK Website Blocking Injunctions?
British courts issued already three website blocking injunctions against five copyright-infringing websites (Newzbin II. + 1 , Dramatico Entertainment + 1 , EMI Records ). In this blog post I don’t want to question the effectiveness of the remedy for copyright cases as I did before (see also J Arnold’s opinion in EMI
Read More
Posted in CJEU, communication to the public, copyright, EU, webstreaming

Retransmission by Internet Stream, CJEU Decides ITV Broadcasting
Television broadcasters may prohibit the retransmission of their programmes by another company via the internet, decided CJEU today in a British reference ITV Broadcasting C-607/11. Defendant in the British proceedings, TVCatchup Ltd (‘TVC’), offers an internet television broadcasting service. This service permits its users to receive, via the internet, ‘live’ streams of free-to-air
Read More
Posted in Art. 8(3) InfoSoc, CJEU, copyright, three-step test

IViR Has Some Numbers for CJEU
One of Huťko’s favorite European Internet law Institutes, Dutch IViR, recently published an interesting survey-based study on downloading and streaming from illegal sources in the Netherlands (including the effects of website blocking on consumers behaviour). Some of the findings might be really interesting for CJEU, who will be deciding two related cases this year. Namely:
Read More
Posted in collective societies, copyright, CR, free movement

Czech Court Asks CJEU: Is Teritorrial Monopoly of Collecting Societies Compatible with Free Movement of Services?
After BSA C-393/09, another copyright preliminary reference from Czech courts is making it’s way to the Court of Justice of EU. This time, on exemptions to the ‘communication to the public’ right, conformity of the territorial monopoly of collecting societies with Union law and possibility of the Horizontal Direct Effect of InfoSoc directive. The new
Read More
Posted in CJEU, communication to the public, copyright, linking

Is Linking to Copyrighted Works Communication to the Public? CJEU is asked
Two decades old debate of internet law now reached the Court of Justice of EU. UK IPO reports new preliminary reference Svensson e.a. C-466/12. 1. If anyone other than the holder of copyright in a certain work supplies a clickable link to the work on his website, does that constitute communication to the public within
Read More
Posted in Art. 11 EnforD, Art. 8(3) InfoSoc, CJEU, Court of Justice, EU, secondary liability

Is There Any Union Wide Secondary Liability?
In course of preparing my notes for the lecture on ‘Website blockig’, which I will hold in Brno in two weeks at Cyberspace conference, I bumped to several interesting things, which provoked the question formulated in the headline of the article. ‘Is There Any Union-wide Secondary Liability?’ Firstly, let me explain what I mean when
Read More