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Leading Internet Case Law

Volume: 14 Issue: 4

In July, LVMH and eBay finally settled a six-year legal battle in which the online auction site was accused of allowing users to sell knock-off luxury goods. eBay and LVMH said in a joint statement that ‘thanks to the cooperation measures put in place [to protect IP rights and combat counterfeits online], the companies have settled ongoing litigation.’ / read more

The US Supreme Court held that Aereo publicly performed copyrighted works by running an online service that allowed users to ‘rent’ television antennas to capture free, over-the-air television signals and watch shows online on computers or mobile devices. / read more

In a dispute over which party should pay costs resulting from a hacker’s takeover of a company’s VOIP system, the court’s decision serves as a reminder to every organisation to review the terms of supplier contracts in relation to security. / read more

The Amsterdam district court has refused an interim relief order to close the online second hand e-book store Tom Kabinet; the judgment goes against recent foreign judgments ruling that the online offering of works, other than software, does not lead to the exhaustion of rights. / read more

Key selling is a serious problem for the games industry. The resale of product keys harms consumers and businesses equally. In the first case of its kind in Germany, the Regional Court of Berlin decided in March of this year that the business model of key selling violates copyright and is illegal. / read more

The federal circuit court of appeals construed the provisions of the US Uniform Commercial Code, which governs how parties allocate responsibility for losses from unauthorised online banking transfers, which could prove useful for banks. / read more

Following an investigation into an advert for a ‘freemium’ game, the UK’s Advertising Standards Authority found that Electronic Arts’ app Dungeon Keeper had breached the misleading advertising components of the CAP code, principally in regard to a lack of clarity in the advert as to the role of in-app purchasing in speeding up gameplay. / read more

In a case in which the owners of a restaurant initiated a summary procedure after their business was the subject of a negative blog review, the court’s decision to require the blogger to remove the review’s title may indicate an evolution of judicial reasoning. / read more

The decision of the Appellate Court of Cologne represents the first further development of principles laid down by the CJEU in UPC Telekabel Wien GmbH v. Constantin Film Verleih GmbH. The close assessment of various EU Directives is of particular interest. / read more

Yelp, Google, Facebook and several news media companies filed briefs in a case before the Virginia Supreme Court regarding the balance between a person’s right to speak anonymously online and a business’s ability to combat defamation. / read more

The case was filed by the Pakistani non-profit human rights organisation Bytes For All, challenging the internet filtering and surveillance carried out by the Pakistan Telecommunications Authority, especially regarding YouTube. / read more

A recent ruling in Spain has further highlighted the possible need for specific regulation for contributory infringement in order to allow copyright owners to pursue those indirectly involved in and benefiting from copyright infringement. / 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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