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Leading Internet Case Law

Volume: 16 Issue: 2

In a rare example of a decision on the UK’s fair dealing exceptions to copyright protection, the Court considered the extent to which an app can make free use of clips of international cricket matches but not infringe copyright. / read more

Competition law may have been invented and developed during the pre-internet era, but it applies just as much to the online world as it does offline. This is clearly demonstrated in the recent judgment handed down by Mr Justice Roth. / read more

The Court of First Instance’s ruling raises some interesting questions pertaining to notice and takedown requests and when it is necessary to provider user data. / read more

The US Court of Appeals for the Seventh Circuit recently shed light on the enforceability of online terms and the limitations of ‘clicking through.’ / read more

Two recent decisions have examined technology used to make disclosure less burdensome: Vilca and ors v. Xstrata and another [2016] EWHC 389 (QB), which relates to keyword searches, and Pyrrho and another v. MWB Property and ors [2016] EWHC 256 (Ch), which approved the use of predictive coding for the first time. / read more

The CJEU essentially ruled that Daimler, as proprietor of the Mercedes Benz trade mark, has no right of action against a former authorised dealer in relation to advertising on third party websites where it expressly requested the operators to remove the ads. / read more

In Eturas the CJEU held that the mere sending of an email to the commercial users of an online booking platform cannot lead to the conclusion that these users were aware or should have been aware of the anti-competitive content of the email. / read more

On 2 March 2016, the Consumer Financial Protection Bureau (‘CFPB’) brought its first ever data security enforcement action against online payment platform Dwolla Inc. The data security ‘expectations’ communicated by the CFPB’s order are consistent with past enforcement actions brought by other federal and state regulators. / read more

AG Szpunar handed down his Opinion on whether businesses that provide free Wi-Fi access to the public can avail of the ‘mere conduit’ defence under the E-Commerce Directive. This Opinion is expected to be followed by the CJEU. / read more

The Court of Appeal ruled that streaming website operated by Playmedia infringed both the copyright and related rights of France Télévisions (‘FTV’), confirming that the ‘must-carry’ obligation does not override copyright and related rights of FTV. / read more

This dispute before the English courts arose regarding how a worldwide co-existence agreement between two companies relating to how and in which countries each could use the word ‘Merck,’ entered into by both businesses, applied to the internet. / read more

The German Federal Cartel Office (‘FCO’) took the novel step in December 2015 of prohibiting, an online hotel booking platform, from continuing to apply both ‘wide’ and ‘narrow’ ‘most favoured nation’ (‘MFN’) clauses. The FCO deems such practices in violation of Germany’s competition laws. / 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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