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Cases

Cases

Australian court rules that Google is liable for defamatory links

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 Read more…

By Andres Guadamuz, 7 yearsOctober 30, 2015 ago
Creative Commons

US Court interprets copyleft clause in Creative Commons licenses

During the last decade, a common attack against open source licenses from their opponents stated that the documents were invalid because they had not been tested in court. This type of FUD (Fear, Uncertainty, Doubt) seemed to be very popular with certain unimaginative legal types unwilling to fathom innovative solutions. Read more…

By Andres Guadamuz, 7 yearsOctober 24, 2015 ago
Privacy

European Court declares data protection Safe Harbor invalid

The Court of Justice of the European Union has produced a landmark decision in Maximillian Schrems v Data Protection Commissioner (C‑362/14). The ruling may have huge economic and political repercussions for the tech industry in the next months. This is a case that requires some context if you are unfamiliar Read more…

By Andres Guadamuz, 7 yearsOctober 7, 2015 ago
Cases

High Court takes second step in making it illegal to rip CDs

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 Read more…

By Andres Guadamuz, 7 yearsJuly 18, 2015 ago
Cases

High Court declares that emergency surveillance legislation is unlawful

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 Read more…

By Andres Guadamuz, 7 yearsJuly 17, 2015 ago
P2P

English Court takes step towards making private copying illegal again

This has been a bad week for logic and reason. Or a good week for insane rulings, depending on your take on life. Last year we had a series of copyright reforms, including an exception for private copying; but now the British music industry has managed to get the High Read more…

By Andres Guadamuz, 7 yearsJune 20, 2015 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, 7 yearsJune 17, 2015 ago
Cases

European Court decides about linking to infringing materials (or does it?)

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 Read more…

By Andres Guadamuz, 7 years ago
Cases

UK Court of Appeal confirms tort of privacy in Google v Vidal-Hall

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 Read more…

By Andres Guadamuz, 7 yearsApril 2, 2015 ago
Copyright

Time to rethink a flat rate for online content? European court decides on levies

The Court of Justice of the European Union has produced an interesting decision regarding copyright levies in the case of Copydan Båndkopi v Nokia Danmark (C‑463/12). Some European countries have established a copyright levy scheme for blank media, this means that whenever there is a sale of a product that Read more…

By Andres Guadamuz, 7 yearsMarch 14, 2015 ago

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