The European Court oh Human Rights (ECtHR) has tackled again the tricky subject of intermediary liability in the case of Rolf Anders Daniel Pihl v. Sweden. This follows two controversial previous decisions in Delfi v Estonia and MTE v Hungary. The case began on September 2011 when a blog post […]
Can you re-sell software that you have purchased legitimately? Most people would say that it is definitely possible, you bought it after all, but things get a bit complicated when you explain the legal specifics of the question. When you buy software you are purchasing a licence, a limited permission […]
The Court of Justice of the European Union has made a troubling ruling regarding open wifi spots in the case of McFadden v Sony Music (C-484/14). This just following the also problematic case of GS Media makes it a rather bad week for balance in copyright. The case involves Tobias […]
Whenever I feel like criticising the European intermediary liability system, I look at Australia and any negativity quickly passes away. It has long been commented that while the USA, Europe, and many other countries have limitation of liability regimes in place, Australia seems to have managed to bypass most legislative […]
Last month we reported about a decision by the High Court of Justice that declared that a new law making it legal to make private copies of media you own contravened EU copyright law. As the decision was part of a judicial review procedure, and the judge asked the parties […]
The High Court of Justice has declared s1 of the Data Retention and Investigatory Powers Act 2014 to be unlawful and contrary to European Law. The article in question is part of emergency surveillance legislation enacted last year by the coalition government. The Court was responding to a judicial review […]
The European Court of Human Rights (ECtHR) has dealt a blow to existing intermediary liability rules in Europe in the case of Delfi v Estonia. The decision of the Grand Chamber reaffirms an earlier decision by the first section of the court. For years we have had a system of […]
It has been often remarked in these pages that we seem to be going back in time when it comes to copyright case law. In particular, the fact that the Court of Justice of the European Union continues to decide cases about linking seems to me to be a baffling […]
As we reported last year, an English court recognised the existence of a tort of privacy (more accurately, the tort of misuse of private information) in the case of Vidal-Hall v Google. The case involved a group of Google users who sued the search engine alleging that it had misused […]
The 1990s were a bit weird. France won the World Cup. 90210. “Under Construction” animated gifs. Marky Mark. The Rachel. We survived with our sanity intact. Barely. One thing that was weird as well was the obsession by copyright experts to determine the legality of hyper-linking, caching and framing; believe […]