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Leading Internet Case Law

Volume: 15 Issue: 3

The UK Court of Appeal issued a landmark ruling in Vidal-Hall v. Google, finding that internet users are entitled to serve a claim on Google in the UK. The ruling will have far reaching implications for organisations processing personal data. / read more

The German Regional Court found that an adblocking service enabling users to block adverts from appearing on websites they visit is lawful even if the adblocker offers the affected publisher the opportunity for users to see their ads in exchange for payment. / read more

The ruling concerns the technology used by ‘Popcorn Time’ websites, which offer software tools allowing users to access unlicensed TV and film content; the decision marks another step forward in the maturing body of case law relating to site blocking. / read more

The CJEU struck down the EU Data Retention Directive in 2014 and urged Member States to reconsider their policies. The reluctance of the Dutch government to follow suit resulted in the Hague Court striking down the Dutch Data Retention Act in March 2015. Despite coming to the same conclusion both Courts took a different approach. / read more

In a case in which PCCW sued Sky for launching a TV service with the same name as its own service in the UK, the Court ruled that reputation is not enough for passing off. / read more

A determination by the Australian Privacy Commissioner on journalist Ben Grubb’s attempts to access the metadata held by Telstra about his own mobile use considers the concept of when an individual is ‘reasonably identifiable.’ / read more

A dispute addressed by the High Court of England and Wales over the source code of an online content platform used to deliver video-on-demand services provides useful insights into the approach to interpreting source code escrow provisions. / read more

The CJEU ruled that the exclusive distribution right under the Information Society Directive may be infringed by advertising or offering for sale unauthorised protected works or copies, even if such advertisement or offer does not give rise to an actual sale. / read more

The CJEU ruled that an agreement formed by ‘click-wrapping’ can be regarded as a ‘communication by electronic means which provides a durable record of the agreement’ and thus as being in writing under the Brussels I Regulation. / read more

The Dutch Supreme Court referred to the CJEU a question as to whether it is relevant that a work that a hyperlink directs to has been placed online without the copyright owner’s consent; the decision provides further analysis of Svensson and BestWater. / read more

Following the Court of Justice of the European Union’s landmark decision in Costeja v. Google - the ‘right to be forgotten’ case - two recent French court decisions indicate a tipping of the balance in France towards the public’s ‘right to know.’ / 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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