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ISP liability

ISP liability

European court declares that linking can infringe copyright

A long-awaited case on intermediary liability and copyright infringement has finally been decided by the Court of Justice of the European Union (CJEU). The case is GS Media v Sanoma (C‑160/15), which involves Playboy pictures published online, and the liability of linking to said pictures. Sanoma publishes Playboy magazine, which Read more…

By Andres Guadamuz, 4 years4 years ago
Andres Guadamuz
Ideas

IP and IT implications of a Brexit vote

Last week I attended an event at the University of Sussex (organised by Charles Meredith and other students) discussing the potential legal implications of Brexit, and I was tasked with looking at some of the aspects that may affect Intellectual Property and Information Technology. Here are a few of my Read more…

By Andres Guadamuz, 5 years5 years ago
ISP liability

European Court of Human Rights revisits intermediary liability

The European Court of Human Rights (ECtHR) has revisited the issue of liability for Internet intermediaries in the case of Magyar Tartalomszolgáltatók Egyesülete and Index.Hu v Hungary. This is the second time in less than a year that the ECHR deals with this issue, as it had already produced a Read more…

By Andres Guadamuz, 5 years5 years ago
Cases

European Court of Human Rights holds news portal liable for user comments

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 Read more…

By Andres Guadamuz, 6 years6 years ago
ISP liability

UK court issues more blocking orders

Following a series of cases in which the High Court of England and Wales has granted blocking orders, a new injunction has been issued against two websites called SolarMovie and TubePlus. In Paramount Home Entertainment International Ltd & Ors v British Sky Broadcasting Ltd & Ors [2013] EWHC 3479 (Ch), Arnold J Read more…

By Andres Guadamuz, 7 years7 years ago
Cases

European Court of Justice rules against indiscriminate intermediary filtering

For more than a year, those of us interested in intermediary liability have been waiting for an important Belgian case, Saban v Tiscali (now Sabam v Scarlet). This has been a long-running battle between Sabam, the Belgian rights management agency representing authors, composers and editors of musical works, and Tiscali, Read more…

By Andres Guadamuz, 9 years8 years ago
ACTA

The beginning of the end for three strikes?

It has been a bad week for the supporters of three strikes copyright policies in Europe. Although at some point last year the panorama looked good for them with the enactment of the Digital Economy Act, it seems like recent legal developments will make it considerably harder for a comprehensive Read more…

By Andres Guadamuz, 10 years9 years ago
Cases

ISP liability to get ECJ hearing

Just on the coattails of Roadshow Films v iiNet, we are about to get another landmark ruling on ISP liability. If there was any doubt that we are witnessing a legal struggle between intermediaries and content owners, we can lay those doubts to rest. Sabam v Tiscali has been a Read more…

By Andres Guadamuz, 11 years9 years ago
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