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Commission Recommendation on the Digitisation and Online Accessibility of...
On the 28 of October the European Commission adopted a Recommendation on the digitisation and online accessibility of cultural material and digital preservation. The Recommendation follows up on a...
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Dutch University Blocks BitTorrent Pre-Emptively Breaking New Net Neutrality Law
In the course of the implementation of the European telecommunications package, a set of proposals has been introduced to the Dutch Telecommunications Law (Telecommunicatiewet) to safeguard an open and...
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The Link Wars Rage on: France and Germany Consider Exclusive Right over Snippets
“According to the current formulation of the draft law, material quoted by humans for commentary and analysis, as opposed to that automatically selected by a computer, may be copied freely.” The link...
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Google: “We made history in a very good way for the citizens of France.”
“Yet, in contrast to the legislative measures that had been previously contemplated, this deal is only of a stand-alone character and will not affect the situation of smaller aggregators.” A while back...
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CJEU Advocate General sides with Google in data protection dispute
“AG Jääskinen declined to classify Google as a “controller” of the data included on the pages indexed by its search engine within the meaning of article 1(d) of the Data Protection Directive.” The...
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UK Supreme Court Asks CJEU Whether the Internet is Legal
“Before finalising its decision however, it is seeking the CJEU’s input on whether end users, who view web-pages on their computers without downloading or printing them, are committing infringements of...
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CJEU in UPC Telekabel Wien: A totally legal court order…to do the impossible
“This indicates the main danger of the ruling, that of fragmentation. This was foreseen by the Austrian referring court, which suggested that guidelines assessing the proportionality of blocking...
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Filtering away infringement: copyright, injunctions & the role of ISPs
“The underlying key question – can technology solve this problem and, if so, should technology be allowed to determine law? – remains unanswered.” On 2-4 July 2014 Information Influx, the 25th...
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MTE v Hungary: New ECtHR Judgment on Intermediary Liability and Freedom of...
On 2 February 2016, the European Court of Human Rights (ECtHR) delivered its first post-Delfi judgment on the liability of online service providers for the unlawful speech of others. Somewhat...
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CJEU AG suggests that free Wi-Fi providers may not be ordered to password...
On 16 March 2016 the CJEU’s Advocate General Szpunar handed down his Opinion in case C-484/14, Mc Fadden. The case concerns the liability of Tobias Mc Fadden, the owner of a business selling lighting...
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C-494/15 – Tommy Hilfiger: No Difference between Online and Real World...
On 7 July 2016, the CJEU (Court of Justice of the European Union) handed down its decision in Tommy Hilfiger (case C-494/15). The case concerned the imposition of an injunction on Delta Center, a...
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EU Copyright Reform: Outside the Safe Harbours, Intermediary Liability...
As has by now been extensively reported, on 14th September the European Commission released its new copyright reform package. Prominent within this is its proposal for a new Directive on Copyright in...
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AG Szpunar in Stichting Brein v Ziggo: An Indirect Harmonisation of Indirect...
On 8 February Advocate General Szpunar handed down his Opinion on Stichting Brein v Ziggo. The case is significant, as it represents the first time that the liability of an internet intermediary for...
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CJEU Decision on Ziggo: The Pirate Bay Communicates Works to the Public
On 14 June 2017, the CJEU handed down its highly anticipated decision in Case C-610/15, Stichting Brein v Ziggo. As was reported on this blog when the Advocate General’s Opinion was released, the case...
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Axel Voss’s JURI Report on Article 13 Would Violate Internet Users’...
Last week, the Legal Affairs (JURI) Committee of the European Parliament voted in favour of Rapporteur MEP Axel Voss’s proposal on Article 13 of the draft Directive on Copyright in the Digital Single...
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Fixing Copyright Reform: How to Address Online Infringement and Bridge the...
1. Introduction In September 2016, the European Commission published its proposal for a new Directive on Copyright in the Digital Single Market, including its controversial draft Article 13. The main...
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YouTube and Cyando, Injunctions against Intermediaries and General Monitoring...
As readers of this blog will be aware, on 22 June the European Court of Justice (CJEU) handed down its ruling in joined cases C-682/18 (YouTube) and C-683/18 (Cyando) concerning the liability of online...
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Comparative Report on the National Implementations of Articles 15 & 17 of the...
Image by Clker-Free-Vector-Images from Pixabay In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. This included the highly controversial Articles 15 and 17 on,...
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Comparative Report on the National Implementations of Articles 15 & 17 of the...
Image by Clker-Free-Vector-Images from Pixabay In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. This included the highly controversial Articles 15 and 17 on,...
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Study on Copyright and Scientific Publications: Encouraging Access and Re-use
Image by Mediamodifier from Pixabay In August 2022, the European Commission’s Directorate-General for Research and Innovation published a study on EU copyright and related rights and access to and...
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