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Leading Internet Case Law

Volume: 14 Issue: 5

A US district court finds that TVEyes’ news monitoring service, which allows subscribers to search news broadcasts and download short video and audio clips, constitutes fair use of Fox’s copyrighted cable programming. / read more

A publishing company, operating a website on which an online version of its newspaper is available, cannot benefit from the liability exemptions set out in Directive 2000/31/EC. / read more

In a case involving the infringement of the general right to personality via statements on a web portal, the court’s decision has strengthened anonymity online by finding that the portal provider has no obligation to disclose the infringing user’s identity. / read more

The Court of Justice of the European Union has defined the concept of parody and ruled that a fair balance must be struck between the interests of the copyright holder whose original works are being parodied and the freedom of expression. / read more

In April, a US magistrate judge compelled production of the contents of a user’s email account stored on a Microsoft server in Dublin. If this ruling stands, US service providers may be compelled to produce customer’s data regardless of where it resides. / read more

Brazil’s consumer protection agency sued Oi for violations relating to its partnership with online advertising company, Phorm. The initial decisions taken could suggest possible future application of Brazil’s new legal framework for the internet. / read more

Four plaintiffs filed a suit alleging that the review site Yelp exerted undue pressure on them, which amounted to extortion, to purchase advertising. The Ninth Circuit determined however that Yelp’s business practices are just ‘hard bargaining.’ / read more

The General Court dismissed both cases regarding whether the Danish Gambling Duties Act is in accordance with EU rules on State Aid. / read more

The CJEU finds that libraries may be authorised by Member States to digitise books and make them available at electronic reading stations, in a judgment that may have a significant impact on the way works of authorship are reproduced and used in the EU. / read more

In recent settlements with Yelp! and TinyCo, the defendants entered into civil settlements with the Federal Trade Commission. These actions, filed in federal court on 16 September, could indicate a move towards increased government intervention. / read more

Threats provisions remain an area of great interest and debate for many intellectual property specialists and the recent case of Cassie Creations v. Blackmore and Mirrorkool has again placed threats and their commercial application into the spotlight. / read more

A federal judge ruled that the operator of Bitcoin Savings and Trust had operated a Ponzi scheme that defrauded investors and awarded $40.7 million in damages following Securities and Exchange Commission charges of investment fraud. / read more

The Court of Rome, in its recent decision dated 9 July 2014, reasserted the principle that Wikimedia, the well-known sponsor of the Wikipedia project, is a mere hosting services’ provider and as such cannot be held liable for the alleged unlawfulness of Wikipedia’s contents. / 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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