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Leading Internet Case Law

Volume: 16 Issue: 5

The Court of Justice of the European Union ("CJEU") clarified the liability of Wi-Fi providers under Article 12 of the E-Commerce Directive as well as the type of injunctions which can be issued against Wi-Fi providers, and perhaps most controversially confirmed that a Court can order an open Wi-Fi operator to implement password protection and to require Wi-Fi users to reveal their identity. / read more

The Court rejected the plaintiff’s arguments against Yelp that Yelp had both been responsible for creating a one-star review of the plaintiff’s business on its site and had “transformed” it into an ad by republishing the review on Google and had therefore lost the ‘grant of immunity’ given to websites under Section 230 of the US Communications Decency Act. The Court thus reaffirmed that plaintiffs cannot ‘plead around’ Section 230’s protection. / read more

The Court further clarified the circumstances in which unauthorised hyperlinking infringes copyright and where such hyperlinking will constitute a ‘communication to the public.’ / read more

This case clarifies whether transactions involving computer software can be categorised as ‘sale of goods’ for the purposes of the Commercial Agents (Council Directive) Regulations 1993. / read more

The Third Circuit held that liability under the US Video Privacy Protection Act is limited to those who disclose information that readily identifies a ‘specific individual’s video-watching behavior,’ in a case involving the alleged tracking of users under the age of 13 on the website. / read more

In an appeal by an ISP against implementing a court-ordered graduated response system ('GRS') to tackle copyright infringement, the Court found that the High Court has jurisdiction to issue such an order. The order was the first court-ordered GRS in the EU and sets a significant precedent going forward. / read more

The Court of Justice of the European Union has ruled that where a consumer lacks the option to purchase a computer without pre-installed software (‘mandatory bundling’), there is no violation of unfair trade practice law. / read more

In a ruling on the latest of three Federal Court actions brought by Voltage in Canada, the Court ordered Rogers Communications to disclose limited contact information for one of its subscribers without cost to Voltage. In this case, Voltage has proposed a ‘class action in reverse’ over alleged copyright infringement with the defendant class having one representative defendant, John Doe; this has yet to be certified by the Court, however. / read more

The Court ruled that photographs of public domain paintings, reproduced in the context of Wikipedia articles, infringe upon the exploitation rights of the plaintiff - a museum displaying the paintings - under German copyright law, in a decision with possible implications for access to public domain works. / 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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