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ISP liability

Copyright

Mandatory Internet filtering and The War on Memes

In the last blog post we talked about the nefarious article 11 in the proposed new Copyright Directive, and why most experts agree it is a terrible idea. It is now the turn to look at yet another bad proposal in the Directive, and it is Article 13. We now Read more

By Andres Guadamuz, 8 years ago September 11, 2018
Cases

European Court of Human Rights revisits once more intermediary liability

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 Read more

By Andres Guadamuz, 9 years ago April 10, 2017
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, 9 years ago July 20, 2021
Andres Guadamuz
Copyright

Court rules copyright is infringed by 8 second video clips

At 7 seconds, this happy llama is thankfully not infringing.* How much do you need to reproduce a video or broadcast in order to infringe copyright? In the age of Vine, Periscope and animated gifs, this question has become more important than ever. We now may have a partial answer Read more

By Andres Guadamuz, 10 years ago March 21, 2016
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, 10 years ago February 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, 10 years ago January 31, 2021
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
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TechnoLlama by Andres Guadamuz is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

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