European court allows website blocking

You shall not pass!

The European Court of Justice has produced a very interesting ruling with regards to injunctions ordering intermediaries to block websites which make available infringing content. This has been a hot legal topic in recent years due to the strategy used by various content owners when attempting to tackle copyright infringement; [...]

The rise, fall, and rise of Popcorn Time

In a move that did not surprise Yours Truly, the unlicensed streaming service Popcorn Time was shut down by its developers a few days after it had gained notoriety. There was no reason why the site was removed, other than the developers needed to move on with their lives (after just 4 days?) There [...]

European court declares that linking does not infringe copyright

An obvious result

The Court of Justice of the European Union has reached a decision in the latest case dealing with questions about whether linking to content amounts to a communication to the public, and therefore unauthorised linking could be pursued as copyright infringement. The case is Svensson and Others v Retriever Sverige AB [...]

Is the NSA infringing copyright?

My friend and colleague Renata Avila has asked an interesting question on Twitter: “If the NSA is storing, reproducing – copying my data and works, are they violating Copyright Law?” I do not think that it has been asked before, so I am trying to tackle it today. This is actually a rather complex [...]

Copyright Week: Has the copyright war been won?

All of this week blogs and websites around the globe have been celebrating Copyright Week, an initiative by the EFF to celebrate two years of the defeat of SOPA/PIPA. Copyright Week consists of a series of articles analysing the future of copyright reform, showcased in a number of sites and organisations such [...]

Functionality in software is not protected by copyright

I finally managed to read the latest (and hopefully last) instalment of the long legal saga that is SAS Institute v World Programming Ltd. This has been an interesting yet long case that made it all the way to the European Court of Justice, and it deals with several questions regarding software protection, such as [...]

Analysis of key copyright provisions in the TPP

Wikileaks has published the IP chapter contained in the Trans-Pacific Partnership (TPP) agreement, a multilateral trade treaty negotiated between Australia, Brunei, Chile, Canada, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, United States, and Vietnam. Several commentators have already started to make their initial analysis of what it contains, and I wanted to take a [...]

Voluntary copyright relinquishment survey

Yours Truly is writing a report on voluntary copyright relinquishment and public domain dedications for WIPO. The terms of reference of the report can be found here.

As part of the work, I thought that it would be a good idea to have an informal web survey to ask people around the world about copyright [...]

In the land of the morally blind, the blind lead the way

In the land of the morally blind, the blind lead the way

Earlier this year, the World Intellectual Property Organisation (WIPO) agreed to hold a special session of its Standing Committee on Copyright and Related Rights (SCCR) to organise a diplomatic conference later in the year in Marrakesh that would discuss a possible Treaty [...]

Has the UK abolished copyright? Analysis of new orphan work legislation

Please, sir, I want some more copyright protection

Has the UK abolished copyright law with the passing of orphan works legislation? I’ll answer quickly with Betteridge’s Law of Headlines: NO.

However, if you listen to some copyright maximalist outlets, and particularly to the photograph lobby, you would believe that all copyright has been abolished [...]