Trade Marks in Online Marketplaces: The CJEU’s Stance in L’Oreal v. eBay

Post by Enrico Bonadio On July 12, 2011 the Court of Justice of the European Union (CJEU) gave its decision in L’Oréal v eBay (C-324/09). The CJEU dealt with inter alia the following issues: (1) the aspects related to the nature of the goods sold by eBay’s users; (2) the liability of eBay in connection … Continue reading

Google and Data Protection – Again!

By Professor Lorna Woods A new reference has landed on the ECJ’s desk: Google Spain and Google (Case C-131/12) from the Audiencia Nacional in Spain. The ECJ official website is a bit thin on details, but this seems to be the same case reported by Reuters. That case concerns the right to be forgotten – … Continue reading

Freedom of Expression and Mass Media Technologies

Post by Professor Lorna Woods Two months into 2012 and it seems that last year’s Arab Spring has given the impetus to some international bodies to look at mechanisms to facilitate the free flow of information through mass communications media. The Internet is the example that leaps readily to mind and indeed, the EU Commission … Continue reading

Court of Milan Holds Video Sharing Platforms Liable for Copyright Infringement

Dr. Enrico Bonadio In June and September 2011 the Court of Milan released two interesting decisions in the field of liability of Internet Service Providers for copyright infringement committed by their users. In particular, the Court found that the Internet Service Providers Italia On Line and Yahoo! Italia were liable for copyright infringement in connection … Continue reading

A free and open Internet in Europe? Case C-70/10 Scarlet Extended SA v SABM

Post by Prof. Lorna Woods Photo: Xeni Jardin (xeni, CC via flickr) Case C‑70/10 Scarlet Extended SA v. Société belge des auteurs, compositeurs et éditeurs SCRL (SABAM), judgment 24 November 2011 here. In 2004, SABAM requested that Scarlet, a Belgian Internet service provider, filter the online activities of its users to avoid illegal downloads, affecting copyright … Continue reading

File Sharing, Copyright and Freedom of Expression

The article explores the relationship between copyright and freedom of speech in the Internet environment. After highlighting the constitutional dimension of these conflicting rights, the phenomenon of file sharing and the role of Internet Service Providers (ISPs), the author analyzes the debate surrounding a particular sanction used in certain jurisdictions to punish unauthorized on line … Continue reading

ISPs lose in judicial review of DEA

The challenge by TalkTalk and BT to elements of the Digital Economy Act 2010 and the draft Copyright (Initial Obligations) (Sharing of Costs) Order 2011 has failed on all grounds except for a relatively minor point on the sharing of administrative costs. The challenged provisions included those related to the initial obligations code in Sections 3-7 including the provision of … Continue reading

‘Communication to the Public’ in FAPL v. QC Leisure and Murphy v. Media Protection Services: The Advocate General’s Opinion

On 3rd February 2011 Advocate General, Professor Juliane Kokott, gave her much awaited opinion in FAPL v. QC Leisure YouTube and Karen Murphy v. Media Protection Services Ltd (Joined Cases C-403/08 and C-429/08). She gave her interpretation of ‘communication to the public’ under Article 3(1) of the Info Society Directive and concluded that the showing … Continue reading

The High Court Rules on ‘Communication to the Public’ and Infringement of Copyright in Broadcasts

The High Court for England and Wales ruled in ITV v. TV Catch Up, a case regarding communication to the public of broadcasts by a live stream website. The judge gave a broad interpretation of ‘communication to the public’ acts and clarified when infringement of copyright in broadcasts occurs. For the full article written by … Continue reading

Madrid court confirms YouTube’s host status

On 20 September 2010 the Court of Madrid gave its decision in Telecinco v YouTube, affirming that the famous video sharing platform (i) is a hosting provider and (ii) is exempted from liability for the copyright infringement committed by its users. For the full article written by Enrico Bonadio and Davide Mula see here.