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Leading Internet Case Law

Volume: 10 Issue: 5

The Higher Regional Court of Hamburg ruled that YouTube was liable for damages as it had adopted 'as its own' infringing musical content posted by some of its users on the online platform. / read more

The US Supreme Court will have to decide whether a manufacturer of luxury goods can control the importation and national sale of its products - Swiss-made luxury watches in this case, through the use of copyright law. / read more

The British Columbia Supreme Court held that the Defendant's use of keyword advertising on internet search engines was not misleading, but reflected a common advertising practice in the educational services industry. / read more

The Indian Copyright Board held that a revenue-sharing model would be best to remunerate music copyright holders in the FM radio industry, as a fixed rate would lead to music being treated as a 'commodity'. / read more

A US district court held that copyright owners have no duty to actively search and find infringing activities perpetrated online, in order for them to protect the value of the copyright present in their works. / read more

The California Central District Court will have to give a decision on a complaint regarding the unlawful installation of tracking software on individuals' mobile phones and the subsequent illegal sending of unsolicited advertising messages. / read more

The US Court of Appeals, Ninth Circuit ruled that a software purchaser is a licensee of the software in question rather than its owner - thus, the first sale doctrine did not apply as the use restrictions imposed by the software creater were legal. / read more

The High Court ruled that broadcast game shows did not infringe the copyright in relation to the concepts, themes or formats underlying a variety of proposed television shows, as the similarities both types of shows shared were abstract. / read more

The Federal Court of Canada held that business methods - in this case, Amazon's '1click' system for online commerce - are patentable subject matter, rejecting a previous 'erroneous' decision of the Commissioner of Patents. / read more

A Federal Court in Australia ruled that copyright law does not apply to newspaper headlines, as the Judge considered them 'too trivial' and 'too insubstantial' to be generally considered as literary works. / read more

About Leading Internet Case Law:

The bi-monthly case law publication providing expert analysis of key cases relating to the internet. Topics covered include intellectual property rights, copyright infringements, ISP liability, online advertising, distance selling regulations, privacy law, social networking, telecoms, and domain name disputes / read more

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