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Leading Internet Case Law

Volume: 17 Issue: 3

The recent CJEU judgment, which adds to the increasing amount of case law on the ‘communication to the public’ right, allows rightsholders to prevent the sale of a physical device which facilitates access to unlawful online streams of copyright works, even where the seller of the device is not responsible for the existence of the unlawful streams and does not initiate any unlawful transmission. / read more

The European Commission (‘EC’) has imposed a fine of €110 million on Facebook, Inc. (‘Facebook’) on 17 May 2017 for the provision of incorrect or misleading information in the notification of its WhatsApp acquisition1. It is unclear whether Facebook will appeal the decision2. / read more

The Ninth Circuit Court of Appeals decision sheds light on how the use of moderators by a website to screen user content submissions impacts on that website’s ability to defend itself against copyright infringement claims under the US Digital Millennium Copyright Act. / read more

Following complaints made to the CRTC against Quebecor Media Inc., Videotron Ltd. and Videotron G.P. (collectively, ‘Videotron’), specifically relating to Videotron’s ‘Unlimited Music’ programme, the CRTC issued a decision and new regulatory framework in which it has clarified its stance on the offering by ISPs of free data offerings and other differential pricing practices. The CRTC’s actions here have largely reaffirmed net neutrality principles in Canada. / read more

Advocate General Szpunar issued his Opinion on a referral from a Spanish court, finding that Uber is a taxi company; if followed by the CJEU, the Opinion will have wider ramifications for the sharing economy. / read more

Following the posting on Facebook of a link to an article containing a number of statements about her, an Austrian politician requested Facebook remove the posts. After Facebook refused to do so, the Court ordered Facebook not only to remove the post but to delete further identical posts in future, on a worldwide basis; the extent of the Court’s order has drawn particular attention. / read more

The UK’s Advertising Standards Authority (‘ASA’) recently upheld a complaint against Nomad Choice Pty Limited, trading as Flat Tummy Tea (‘Nomad Choice’). The ASA found the advertisement in question, a video posted by a lifestyle blogger on Instagram, to be in breach of the UK Code of Non broadcast Advertising and Direct and Promotional Marketing (‘CAP code’) as it could not obviously be identified as a marketing communication. / read more

In a case involving the publication on the Glassdoor website of comments by an anonymous writer about his/her previous place of employment, Machine Zone, the Court considered whether the former employer could force the website to reveal the former employee’s name. In this case, the anonymous writer ultimately had his/her identity protected, but the case also stands as a warning that in certain circumstances, a website such as Glassdoor might be ordered to disclose the identity of a user. / read more

The District Court of Rotterdam in the Netherlands has ruled that the outright prohibition on price differentiation under the net neutrality rules set forth in the Dutch Telecommunications Act contravenes the EU Net Neutrality Regulation1 and is therefore invalid. On that basis, the Court struck an order issued by the Netherlands Authority for Consumers and Markets against T-Mobile Netherlands to cease its offering of zero rated access to music streaming services. / read more

CarGurus utilised webcrawler technology to find and index vehicle listings on its website, which drew a complaint from Trader, the operator of a digital marketplace where users can list vehicles for sale; Trader claimed copyright in the contents of its websites and in the vehicle photos on such websites. In the ensuing case, CarGurus relied upon in defence inter alia a new exemption in the Canadian Copyright Act for providers of an ‘information location tool,’ making this the first case in Canada to judicially consider this defence. / read more

In another case to look at the requirements for website operators under the Americans with Disabilities Act, the Court found that website operators do not currently have to offer the specific accommodations identified by the plaintiff in this case - although some form of accommodation was required. / 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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