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Cases

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, 11 years ago February 4, 2016
Copyright

California judge reaches decision in PETA’s monkey selfie case

A judge in California has dismissed a copyright case brought by People for the Ethical Treatment of Animals (PETA), where the animal rights organisation claimed that it represented the monkey that took the famous selfie depicted above. The case is that of Naruto v Slater, where PETA sued British photographer Read more

By Andres Guadamuz, 11 years ago March 4, 2016
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, 11 years ago January 31, 2021
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, 11 years ago October 27, 2015
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, 11 years ago October 7, 2015
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, 11 years ago July 18, 2015
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, 11 years ago July 17, 2015
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, 11 years ago June 21, 2015
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, 11 years ago July 13, 2015
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, 11 years ago August 26, 2022

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