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Russia’s New Anti-piracy Law. Throwing the Baby out with the Bath Water?

Svetlana YakovlevaOn 1 May 2015 a new, second, ‘anti-piracy’ law [1] will take effect in Russia. This law amends the provisions on preliminary interim blocking injunctions for intermediaries introduced by the first anti-piracy law, which took effect on 1 August 2013.

In the opinion of this blogger, the new law, like its predecessor, will barely affect internet piracy in Russia. It is not a secret that both providers and consumers of pirated content are well equipped to circumvent the injunctions. But what about the ordinary internet users, i.e. innocent website owners? The provisions of both anti-piracy laws are so ambiguous, and procedures for introducing and enforcing injunctions are so straightforward [...]

Austria: UPC-Telekabel II/kino.to, Supreme Court of Justice of Austria, 4 Ob 71/14s, 24 June 2014

On June 24, 2014, the Austrian Supreme Court ruled that the Austrian internet service provider UPC Telekabel Wien GmbH must block access to copyright infringing websites.  The Supreme Court noted that, in accordance with the ruling of the Court of Justice of the European Union in Case C-314/12, such an injunction leaves its addressee to determine the specific measures to be taken in order to achieve the result sought. This way the internet service provider can choose to put in place measures which are best adapted to the resources and abilities available to him and which are compatible with the other obligations and challenges which he will encounter in the exercise of his activity.

A [...]

Denmark: Code of Conduct on website blocking

Maria FredenslundThe Telecommunications Industry Association (Teleindustrien) in Denmark has recently signed a code of conduct defining the conditions of voluntary website blocking by Danish Internet Service Providers (ISPs).

In the event that one ISP is ordered by a court decision or by an order from a regulatory body to block the access to a copyright infringing website, the participating ISPs commit themselves to implement the block within 7 days after the notification from the plaintiff.

The recent Code of Conduct sets out a number of provisions, which aim at setting up a one stop shop for website blockings at DNS level. Also, the Code of Conduct aims to ensure that blockings can be expanded to other web [...]

Filtering away infringement: copyright, injunctions & the role of ISPs

KCB-IViR-Influx-Panel-Filtering

“The underlying key question – can technology solve this problem and, if so, should technology be allowed to determine law? – remains unanswered.”

On 2-4 July 2014 Information Influx, the 25th anniversary conference of the Institute for Information Law (IViR) was held in Amsterdam.

As part of the conference, on the morning of Thursday, 3 July a panel entitled Filtering away Infringement: Copyright, Injunctions and the Role of ISPs was held. The panel was set up as a mini mock trial of a topic that has been especially controversial in the area of online copyright infringement in recent years, particularly in Europe: that of injunctive orders imposed on internet intermediaries for the [...]

A bill to amend the Spanish IP Law

Raquel-Xalabarder-Plantada“A clear intention to solve some of the most disturbing problems in Spanish IP.”

On February 14th, the Spanish Government approved a bill to amend the law of intellectual property (TRLPI).  The bill is currently in its parliamentary proceedings. It is a “patchwork” reform bill dealing with very different topics, some more necessary than others, and including some unexpected –last minute- additions and a curiosity.

Table of Contents

Implementing two directives
Education and research activities
Private copying
The Google tax
Press-clippings
Collective management organizations
Distribution of competences
Online piracy
Liability for copyright infringement
Progress of the proceedings

Im [...]
Italy: the take-down notice must contain the specific YouTube URLs

spedicato“A take-down notice which generically refers to the titles of the infringing videos, without specifically indicating their URLs, is not sufficient to determine the “actual knowledge” of the hosting provider.”

On May 5, 2014, the Distric Court of Turin has given a preliminary ruling on the proper content of the take-down notices in copyright infringement disputes. Although the decision is not completely surprising (see, in this regard, this ruling of the Distric Court of Rome, 11 July 2011), it sets the standard for copyright holders on how to draft a take-down notice to be notified to a ISP.

Background

The action has been brought by Delta TV, an Italian company which produces and d [...]

CJEU in UPC Telekabel Wien: A totally legal court order…to do the impossible

Christina-Angelopoulos“This indicates the main danger of the ruling, that of fragmentation. This was foreseen by the Austrian referring court, which suggested that guidelines assessing the proportionality of blocking measures be laid down by the CJEU – that would have been welcome indeed! That absence is certainly the biggest deficiency of the ruling.”

Last Thursday, the Court of Justice of the European Union issued its judgment on Austria’s Oberster Gerichtshof reference for a preliminary ruling in Case C-314/12, UPC Telekabel Wien GmbH v Constantin Film Verleih GmbH.   

The case begun when film production companies Constantin Film Verheih and Wega Filmproduktionsgesellschaft GmbH noticed their copy [...]

CJEU Advocate General sides with Google in data protection dispute

Christina Angelopoulos“AG Jääskinen declined to classify Google as a “controller” of the data included on the pages indexed by its search engine within the meaning of article 1(d) of the Data Protection Directive.”

The CJEU’s Advocate General Niilo Jääskinen issued an Opinion  on 25 June advising the Court to refrain from allowing citizens the right to require Google to block links to content they find embarrassing and declining the existence of a “right to be forgotten” in existing EU legislation.

The case concerned the publication in 1998 in the printed edition of a widely circulated Barcelona newspaper of two announcements concerning a real estate auction in connection with proceedings related [...]

A Greek premiere: Greek ISPs ordered to block access to infringing websites

“This finding could have been considered predictable, if it wasn’t for  a special provision in the Greek Constitution that safeguards participation in the information society.”

Is obliging ISPs to cut off internet access to specific copyright infringing websites compatible with the Greek Constitution? That is one of the main questions that were answered by the ruling of the District Court of Athens of May 16th, 2012.

Even if it is just a response in a demand for injunctions, this decision is important for two reasons. First, it places Greek jurisdiction among other jurisdictions that decided to impose specific technological measures on  a website that hosts or offers copyright infrin [...]

France: Radioblog condemned to damages for over €1 million

The French Supreme Court (“Cour de Cassation”) has upheld, in a ruling of 25 September 2012, a judgment of the Court of Appeal of Paris condemning Radioblog and its managing directors to the payment of damages amounting to over €1 million, in addition to a suspended prison sentence of nine months and a €10,000 fine.

The case is interesting for two reasons: the gigantic amount of damages and the application, for the first time, of new provisions of the French Intellectual Property Code condemning the provision of software applications intended to be used for infringing copyright.

The facts are the following: the website Radioblog provided a software called ‘RadioBlogClub’ to Internet user [...]

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