Enforcement

AG Opinion, Artificial Intelligence (AI), Case Law, CDSM Directive, CJEU, Communication (right of), Database right, Digital Single Market, Enforcement, European Union, Infringement, Ownership, Round-up, Software

(University College London) and (Institute for Information Law (IViR))/ /Leave a comment

In this new series we will be updating readers every three months on developments in EU copyright law. This will include Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important policy developments.   The end of 2020 Since this is the first issue of our round up, we have also…

Case Law, Enforcement, Germany

(NORDEMANN)/ /Leave a comment

Everybody on the internet needs domain names. This also true for websites which run an illegal business model dedicated to copyright infringements. Such rogue websites are also called structurally copyright infringing websites. The German highest civil court Bundesgerichtshof (“BGH”) [German Federal Supreme Court] has now held that domain registrars have duties of care to disconnect…

Enforcement, Infringement, Italy, Legislative process, Liability

(University of Milan)/ /Leave a comment

In the last few months of 2020 there have been further developments in Italy with regards to private and administrative enforcement against illicit distribution of copyright content over the Internet. 1. New Italian case law against Content Delivery Network (CDN) operators In a 2019 post on this Blog (here), we analysed the impact of illegal…

Case Law, CJEU, Enforcement, European Union, Germany, Infringement, Liability

(NOVA School of Law Lisbon)/ /Leave a comment

On 9 July 2020, the Court of Justice of the European Union (CJEU) delivered its judgment in Case C-264/19 Constantin Film Verleih v YouTube and Google Inc. Providing clarification on the scope of the copyright holder’s right to information, the CJEU decided that the notion of “address”, as set in Directive 2004/48/EC (Enforcement Directive), does…

Case Law, Enforcement, Infringement, Remedies, Sweden

(Westerberg & Partners Advokatbyrå AB)/ /Leave a comment

Blocking injunctions against internet service providers (ISPs) remain one of the most interesting and litigated issues of contemporary copyright law. Though the concept of blocking injunctions per se is firmly established on the basis of CJEU case law (C‑324/09 L’Oréal, C-70/10 Scarlet Extended, C-360/10 Sabam and the seminal C-314/12 UPC Telekabel), blocking injunction jurisprudence in…

CDSM Directive, Digital Single Market, Enforcement, European Union, Germany, Legislative process

(GFF (Society for Civil Rights))/ /1 Comment

Germany was the main battleground over last year’s adoption of the EU Directive on Copyright in the Digital Single Market (DSM Directive). After 200,000 people took to the streets against impending restrictions of their freedom of communication, the German government promised to avoid the use of upload filters in its national implementation. One of the…

Enforcement, Fair Use, Infringement, Liability, USA

(Berkeley Law School)/ /Leave a comment

There are not many surprises in the just released Copyright Office Section 512 Study. On virtually every issue about which the copyright industry had complained for the last two decades regarding the notice and takedown regime first established by the Digital Millennium Copyright Act (DMCA) in 1998, now codified in 17 U.S.C. § 512—from its…

Belgium, CJEU, Communication (right of), Enforcement, European Union, Liability

(Institute for Information Law (IViR), University of Amsterdam)/ /1 Comment

On 6 August 2019 the Ondernemingsrechtbank Antwerpen (the court) submitted a request for a preliminary ruling to the Court of Justice of the European Union (CJEU) on a dispute between Mircom, a company registered under Cypriot law, and Telenet, a Belgian internet service provider whose users presumably shared copyright protected works via Bit-torrent. This case…

Distribution (right of), Enforcement, Infringement, Italy, Liability, Remedies, United Kingdom

(University of Milan)/ /Leave a comment

1. Italian Case Law on Fast Injunctions The impact of the illegal distribution of audiovisual content is growing (see, for Italy, the report issued in 2019 by FAPAV Federation for the protection of audiovisual and multimedia content). IP enforcement is an important part of the reaction against this illegal phenomenon. In 2019, some important improvements…

Case Law, Enforcement, Infringement, United Kingdom

, (Bristows LLP)/ /Leave a comment

In the consolidated claims of Mircom & GoldenEye v Virgin Media, the claimants sought court orders from the UK court requiring Virgin Media to disclose the names and addresses of tens of thousands of its broadband subscribers who, the claimants say, had unlawfully downloaded pornographic films. The claimants required the individuals’ names and addresses in order…