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Some remarks on AG Sharpston’s opinion in the Nintendo case (C‑355/12).

spedicato“If my reasoning is correct, the AG’s conclusion on this specific point (no legal protection must be granted to TPMs which are not used to prevent or inhibit acts of infringement) is much more innovative than the AG herself seems to acknowledge.”

On 19 September, Eleanor Sharpston, Advocate General of the Court of Justice of the European Union, delivered her opinion in the Nintendo case (Case C‑355/12), in which some interesting questions related to the legal protection of technological protection measures (TPMs) have been referred for a preliminary ruling by the District Court of Milan.

As this is the first time that the CJEU deals specifically with the legal framework designed by [...]

Majority of Dutch Providers to Block The Pirate Bay. Game Over or Next Level in Copyright Wars?

On 10 May, the District Court of The Hague extended an earlier ruling with regard to two access providers to block The Pirate Bay to several major Dutch access providers.  The providers lament the ruling and consider appealing it, but soon more than 90% of the Dutch market blocks the infamous website. On the same day, the Dutch chapter of The Pirate Party was ordered to cancel its open proxy service to The Pirate Bay and to remove referrals to other proxies from its website. Finally game over for The Pirate Bay?

At first glance, and thus according to all hastily drafted media reports, the 10 May ruling against the major providers(Dutch) follows the reasoning of the 11 January ruling  (Dutc [...]

SABAM v. Netlog (CJEU C 360/10) … as expected!

The CJEU’s ruling in the Scarlet v. SABAM case (C 70/10) is still fresh in our memories: court injunctions to install global and preventative filtering systems with a view to preventing copyright infringements are precluded. SABAM asked again for the same measures in the framework of the SABAM v. Netlog litigation. Again, the Belgian court referred the question to the CJEU for a preliminary ruling. Again, the CJEU repeated mutatis mutandis its reasoning and reached the same conclusion (C 360/10). Bis repetetita placent?

Not exactly: whereas Scarlet is an ISP, Netlog is a Facebook-like online social network. This brings along several factual differences which could have had consequences as [...]

“In order to fight copyright infringements, ISPs may be asked to render specific websites inaccessible to their subscribers”

This sentence summarizes quite well the decision of the Antwerp Court of Appeal of 26 September 2011 which it is abstracted from.

The Belgian Anti-piracy Federation filed a cease and desist action against Telenet and Belgacom, two Belgian ISPs, in order to make them block The Pirate Bay’s websites in their respective networks.

In first instance, the President of the Commercial Court of Antwerp rejected the claims as he deemed that the requested measures were disproportionate.

The Court of Appeal overruled the decision and granted an injunction on basis of art. 87, §1, al.2 of the Belgian Copyright Act, which transposes art. 8, §3 of the InfoSoc Directive 2001/29/CE, and which provides th [...]

Parliament adopts new directive to improve digital consumer rights

For years, consumer representatives, citizen rights groups and academics have lobbied for a better balance between the interests of rights holders and consumers in copyright law. In particular the use of technical and contractual restrictions on the ability of consumers to play, copy, share or transfer digital content to their liking has been a notorious stumbling-block, and a painful one, too. Numerous proposals of how to better integrate the interests of consumers into copyright law have been put forward, debated, and left behind. The relationship between copyright and consumer rights is a complex one, to put it diplomatically.

Last week, the European Parliament adopted a new directive th [...]

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