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Leading Internet Case Law

Volume: 15 Issue: 2

The CJEU has provided useful guidance on the private copying for personal use exception contained within the Information Society Directive. The overarching guidance is that no compensation needs to be paid if the harm to the rightsholder is minimal. / read more

On 3 March 2015, the United States Supreme Court made its first ruling related to the internet sales tax controversy in the US, authorising the continuation of a lawsuit challenging a Colorado statute that targets out-of-state internet retailers (such as Amazon hence the term ‘Amazon’ law) with notice and reporting obligations. / read more

In February 2015 the Information Commissioner’s Office (‘ICO’) imposed a fine on online insurance firm, for failing to comply with the Seventh Data Protection Principle under the Data Protection Act 1998, after the Staysure website allowed hackers to access its database of over three million customers. / read more

The Court of Justice of the European Union’s ruling in C More v. Sandberg has clarified that broadcasters may use paywalls to protect their live broadcasts in order to prevent unauthorised linking by third parties. / read more

Online businesses should take note of an evolution in French case law concerning consumer protection, as it may soon force them to relinquish their jurisdiction clauses and amend their terms of use in a way that is more protective of the consumer. / read more

The CJEU held that French and Luxembourg legislation applying a reduced rate of VAT to digital books were in breach of Council Directive (EC) 2006/112 (the ‘VAT Directive’). / read more

The Commercial Court of Nanterre held a maintenance services provider liable for failing to warn its client about the risks incurred for not changing its PABX telecommunications system password. / read more

The Court of Justice held that the operators of a right-wing message board were publishers of defamatory material concerning a left-wing blogger. However, the claim failed because defendants were entitled to rely on the defence of ‘fair comment.’ / read more

A US District Court has become the first to award damages under section 512(f) of the DMCA for wrongful takedown. Section 512(f) aims to deter abuse of the requirement that service providers process takedown requests from purported copyright owners. / read more

The Court found that website operators that must remove infringing content due to a declaration to cease and desist must not only remove the content from their website, but must also ask Google to remove the content from the search engine’s cache. / read more

In the case at hand, the Federal Court recognised that both copyright and trade mark rights may exist in metatags, but found that the metatags in this particular case did not contain sufficient skill and judgment to attract such protection. / 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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