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Digital Business Lawyer

Volume: 18 Issue: 10
(October 2016)


The Court of Justice for the European Union (‘CJEU’) issued its judgement in Case C-160/15 GS Media BV v. Sanoma Media Netherlands BV (‘GS Media’) on 8 September 2016, ruling that posting a hyperlink to copyrighted content that has been published online without consent of the copyright holder does not constitute a ‘communication to the public’ unless the individual posting the link knew, or ought to have known, that the content was published illegally. However, where the posting of a hyperlink is done for profit, there is a presumption that the user posting the hyperlink knew of the work’s protected nature and possible lack of consent. In such a case, a communication to the public has taken place. / read more

The European Commission proposed on 14 September 2016 new rules designed to modernise copyright in Europe, which include measures aimed at supporting rightsholders in light of the challenges posed by the digital world and at creating ‘a fairer and sustainable marketplace for creators, the creative industries and the press,’ according to the EC media release. / read more

The European Commission (‘EC’) published a Preliminary Report as part of its E-Commerce Sector Inquiry (‘Report’) on 15 September 2016, in which the EC states that it may investigate possible anti-competitive clauses in selective distribution agreements that restrict online sales. / read more


With social media personalities increasingly being used as mouthpieces by global brands to advertise their products and services, a need to clarify when online content is paid-for advertising remains a challenge, particularly when the line between genuine opinion and public misrepresentation is thin. Jo Farmer and Rebecca Pennington of Lewis Silkin LLP analyse the regulatory stance being taken in the UK and US. / read more

The European Commission issued its proposal for a Directive on copyright in the Digital Single Market on 14 September 2016 (‘Proposed Directive’), which puts forward a set of provisions for online platforms that allow users to share content with the aim of enabling rightsholders to share in the revenues generated by their content. The proposals put forward include the obligation for platforms to implement appropriate and proportionate content identification technologies in cooperation with rightsholders to protect against the infringement of copyright. The Commission believes that such an obligation to implement such technologies will place rightsholders in a better position to negotiate agreements with online platforms and subsequently increase their revenues. Dr Torsten Kraul, Partner at Noerr LLP, provides an overview of the proposed provisions relating to content sharing platforms as they relate to copyrighted content and the likely stakeholder positions. / read more

The UK Information Commissioner’s Office (‘ICO’) launched its Anonymisation Code of Practice (the ‘Code’) back in 2012. Since then some stakeholders have found that there was still a need not entirely met by the Code for practical and readily accessible output, and so the ICO has helped to set up the UK Anonymisation Network (‘UKAN’), which has now published a best practice guide, the Anonymisation Decision-Making Framework (‘ADF’), on the anonymisation process. Liz Fitzsimons, Partner at Eversheds LLP, analyses here the new Framework. / read more

“Siri - scramble my eggs and order me a limo.” A key theme at various technology conferences this year has been the emergence of so-called “smart home” devices. Both hardware manufacturers and software developers are engaging in a new battle for platform supremacy - your home. The ultimate goal seems to be fully interactive and automated living environments, through the interconnectivity of all household gadgets with a central ‘hub’, which in turn can be monitored and controlled using artificially intelligent voice assistants. Think Star Trek computer, or (if you’re a pessimist), Hal from ‘2001: A Space Odyssey.’ This article offers an introduction to smart home concepts, with an analysis of key data protection implications, and a particular focus on compliance obstacles in relation to children’s use of these devices within the home. / read more

The announcement on 28 July 2016 by the UK Competition and Markets Authority (‘CMA’) that it had fined a relatively small Birmingham-based online toy retailer, specialising in distributing Justin Bieber posters, £163,371 for breaching competition law did not trigger much reaction outside of the local media. As Mark Tricker and Susanna Rogers of Norton Rose Fulbright explain however, if you dig a little deeper, there is more to this case than meets the eye. Mark and Susanna discuss the implications of the Trod case for online retailers. / read more

The Court of Milan clarified that the scope of interim injunctions against websites hosting third party infringing content cannot extend to possible future (yet to be registered) aliases of the infringing website. / read more

About Digital Business Lawyer:

The monthly publication providing authoritative insights and thought leadership on the legal/regulatory issues affecting online business, covering distance selling, contracts, domain names, adblocking, advertising, cloud computing, net neutrality, e-privacy, data protection, cyber crime, the Internet of Things, social media, internet taxation and software / read more

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