Legal enforcement of open source software license violations, in particular violations of the General Public License (GPL), has been established in Germany for quite some time. Back in 2004, the Regional Court of Munich I granted an injunction confirming copyright infringement on the basis of a violation of the terms of the GPLv2 (judgment of…

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the top 3 most-read posts from each of our IP law blogs.  Here are the top posts from June, July and August. Top 3 Kluwer Copyright…

Computer games are becoming more and more important, not only in everyday life but also in legal theory. The German Federal Supreme Court has now issued a decision on the online game World of Warcraft (decision of 06.10.2016, I ZR 25/15 – World of Warcraft I). In this decision, the Court addressed questions regarding the…

Lower courts can give fresh insight into the adjudication taking place at the highest national and European courts. This is especially true for the recent GS Media case. The German and Dutch courts have created new food for thought on the meaning of placing a hyperlink ‘for profit’. The exact meaning of this notion is…

Decision Landgericht (District Court) Hamburg of November 18, 2016 (file no. 310 O 402/16) Introduction In GS Media vs. Sanoma, the CJEU recently ruled that linking to illegal content may be considered to be a “communication to the public” and can therefore constitute copyright infringement (C-160/15 of 8 September 2016). The District Court Hamburg has…

2016 was a busy year for European copyright law. Unsurprisingly, Brexit and its potential impact on copyright in Europe and the UK was one of the most popular topics on the Kluwer Copyright Blog. Other hot topics included the much-anticipated CJEU judgment in the GS Media case and the ongoing EU copyright reform.  We provide a countdown below…

Decision of the German Bundesgerichtshof of July 28, 2016, file no. I ZR 9/15: “Auf fett getrimmt” (“trimmed to the fat”). In accordance with the CJEU decision in Deckmyn v. Vrijheidsfonds/Vandersteen (C-201/13), the Bundesgerichtshof (“BGH”) as Germany’s highest civil court supported a broad interpretation of the term “parody” in its recent decision “Auf fett getrimmt”,…

The last two weeks were truly hard for the future of the digital economy in Europe. First, the European Commission officially declared its regulatory capture. Then the CJEU provided us with a great set of hyperlinking clarifications for their daily use. Now it is completely clear, who, when, and how one can link to avoid…

The legal issues surrounding the publication of Internet search results is a topic of great interest for copyright experts.  In this interview, originally published in German in the journal Neue Juristische Wochenschrift, and reproduced here with the kind permission of Verlag C.H. Beck, Professor Jan Bernd Nordemann discusses a recent German case on this topic….

German Federal Constitutional Court’s decision of 31 May 2016, (ref.: 1 BvR 1585/13): Metall-auf-Metall Sampling technology has become an integral part of today’s music production. It is not unusual in recording studios for artists and producers to recall sounds from other artist’s productions which they particularly liked, copy them from the original recordings and use…