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Leading Internet Case Law

Volume: 17 Issue: 2

A recent Order granted by the High Court based on an application made by the Premier League has extended the remit of blocking injunctions granted under s97A of the Copyright, Designs and Patents Act 1988. The Order is significant because it targets streaming servers, as opposed to specific websites. / read more

The UK High Court has rejected a trade mark infringement claim brought by the well-known UK catalogue retailer Argos (‘Argos UK’), against a US based company which legitimately and coincidentally shared the Argos name (‘Argos US’) but which used Google’s AdSense programme to direct adverts to UK consumers who mistakenly ended up at Argos US’s website. / read more

The European Court of Human Rights recently found in favour of the Swedish authorities in a case involving a defamatory comment posted on a blog run by a small non-profit association. / read more

The Court held that Facebook was liable for acts of unfair competition and copyright infringement against Business Competence S.r.l, a client company. The Court found that Facebook had copied the plaintiff's location-sharing app Faround when creating its own app of a similar nature. / read more

In February 2017, Vizio settled a case brought by the U.S. Federal Trade Commission and the Office of the New Jersey Attorney General, in which Vizio agreed to pay $2.2 million to resolve charges that it installed software on its TVs to collect viewing data without obtaining consumer consent. The company is also facing a consumer class action lawsuit in a California federal court in which Vizio is accused of purposely concealing tracking software from customers. / read more

Broadcasters and TV content providers breathed a sigh of relief following the Court of Justice of the European Union’s (‘CJEU’) confirmation that the defence to copyright infringement relied upon by unauthorised TV streaming service TV Catchup (‘TVC’) is incompatible with EU law. / read more

In Rzecznik Praw Obywatelskich, the CJEU found that the exclusion of digital books, newspapers and periodicals from the application of the reduced VAT rate is not contrary to the principle of equal treatment. / read more

A recent High Court judgment, while providing a useful illustration of the application and development of recent case law on contractual interpretation, also acts as a cautionary tale to software developers, licensors and their customers to ensure that the scope of the definition of the ‘software’ which is being licensed or assigned is consistent with the intentions and expectations of the parties. / read more

Following complaints by Czech politicians about the potential impact on freedom online of provisions of the Czech Republic’s new Gambling Law that allow the regulator to mandate that internet service providers (‘ISPs’) block certain websites that offer unlicensed gambling to Czech citizens, the Court reviewed such provisions and assessed whether they are in line with the Czech Constitution. / read more

The case is the latest in a line to grapple with the issue of whether an industry code or standard established by a private organisation that is then incorporated into public law by a government can be copyrightable. The lead plaintiff here develops private sector standards, while the defendant operates a website that posts laws and regulations in a free, searchable database. / read more

The Supreme Court of Japan dismissed on 31 January 2017 an appeal from a man seeking the removal of reports relating to him having committed a serious crime from search results indexed by Google, Inc. The Supreme Court’s ruling follows the Saitama District Court’s move to uphold the man’s claim in December 2015, referencing his right to be forgotten. / read more

The CJEU issued its decision in a case concerning the compatibility of the French law allowing for the digital exploitation of out-of-print 20th century books with EU law. / 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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