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Leading Internet Case Law

Volume: 16 Issue: 6


In a case brought by the Association of Dutch Public Libraries, the Court clarified its position on the lending of electronic books (‘eBooks’) under the Rental and Lending Rights Directive in light of the lack of specific reference to digital copies. / read more

This ruling clarifies the conditions under which dynamic IP addresses may be collected and stored by online media service providers. The decision has far-reaching consequences for data protection law and is of note for any company that processes personal data. / read more

LEGO has recently agreed to amend its retail discount system, after the German Federal Cartel Office (‘Bundeskartellamt’) initiated proceedings against it over concerns that retailers could only obtain the highest possible discount from LEGO if they sold LEGO products offline. This latest proceeding by the Bundeskartellamt over dual pricing marks an escalation in the Bundeskartellamt’s approach. / read more

The CJEU ruled that Article 4(2) and Articles 5(1) and (2) of Directive 2009/24/EC (the ‘Software Directive’) should be interpreted to mean that back-up copies of software cannot be sold without the rightsholder’s permission, even where the original copy of that software has been damaged, destroyed or lost. By its narrow interpretation of the right to create a back-up copy, the Court has provided software owners with a broader level of protection. / read more

In a landmark judgment concerning cross-border internet sales of prescription medicines, the Court of Justice of the European Union (‘CJEU’) held that a German law fixing retail prices for prescription medicines infringed EU free movement rules, as it prevented online pharmacies established in other Member States from accessing the German market. The judgment sets an important precedent and may contribute to the creation of a truly EU-wide market for online sales of medicinal products by encouraging cross-border sales from online pharmacies in one Member State to another. / read more

The Court's decision clarifies that tying practice involving the provision of a dominant product to customers only within a package of other products and subject to a set of supplementary obligations may result in violation of competition laws if no possibility to separately obtain the dominant product exists. The author of this article is a representative of Yandex, a complainant in this case, but here provides his personal opinion. / read more

The Court ruled that predatory bidding on eBay - the practice of actively bidding on online auctions that the bidder suspects will be cancelled so he or she can sue the seller for damages - may constitute an abuse of law. / read more

In a case concerning the infringement of exclusive broadcasting rights, the Court granted the petition filed by a major Italian pay-TV broadcaster requesting a web blocking order, but excluded that the order could be ‘blank,’ i.e. relating to future websites that were yet to be specified. The case adds to the growing body of case law balancing rightsholders’ attempts to assert their rights with the need to protect fundamental interests. / read more

The decision to ban access to LinkedIn from within Russia comes as part of early enforcement action regarding Russia’s new Data Localisation Law, which entered into force on 1 September 2015, and which requires companies to store certain types of personal data of Russian citizens in Russia to be processed in Russia itself. / read more

The Investigatory Powers Tribunal (‘IPT’) found that bulk datasets collected by the UK’s security and intelligence agencies were not lawful until they were publicly acknowledged, but were thereafter, in one of a number of legal developments relating to the UK security services’ surveillance powers. / 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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