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Leading Internet Case Law

Volume: 17 Issue: 4

The European Commission fined Google €2.42 billion in June for breaching EU antitrust rules - this being by far the single highest fine in Europe to date - and ordered Google to end the illegal conduct within 90 days or face penalty payments of up to 5% of the average daily worldwide turnover of Alphabet, Google’s parent company. / read more

The latest decision examining this right, Stichting Brein v. Ziggo, concerns The Pirate Bay platform. The CJEU has ruled that the peer-to-peer torrent file sharing site was communicating copyright protected works to the public. The decision might not be that surprising given that The Pirate Bay is perhaps the most notorious peer-to-peer piracy site, however it nonetheless provides further guidance as to when platforms might be held liable for ‘communicating to the public’ and also indicates that the CJEU will continue to interpret this right broadly. / read more

Following a challenge brought by internet access provider Spacenet in regards to the obligation to retain traffic data under the German Telecommunication Act, the Higher Administrative Court of North Rhine-Westphalia has found that such obligation violates EU law. The ruling leaves data retention enforcement in Germany in something of a state of limbo, as the Federal Network Agency has now said that it won’t enforce the obligation, while German politicians still insist that data retention as necessary. / read more

The Supreme Court of Canada has found that a Canadian court can order Google to de-index - on a worldwide basis - the websites of a company involved in unlawfully selling the intellectual property of the claimant, a Canadian company. The finding that such an order can have a worldwide nature has implications for businesses with an online presence in Canada, and those trading in Canada via the internet only, and may provide a new tool in tackling IP infringement as well as combating other illegal activities online. / read more

The case at hand, brought by an app developer against an Ordinance adopted by Milwaukee County which required companies that produce augmented reality games that would be playable in Milwaukee parks to obtain a permit for the park first, found that augmented reality games are protected as expressive media under the First Amendment to the US Constitution. Thus, such restrictions on location based augmented reality games are likely to be unconstitutional. / read more

The French Data Protection Authority, the Commission Nationale de l’informatique et des Libertés (‘CNIL’), issued a sanction against Facebook Inc. on 16 May 2017 for having breached a number of the French Data Protection Act’s provisions. The CNIL’s sanction and the incoming General Data Protection Regulation and revised ePrivacy Directive have the potential to impact Facebook’s business model going forward. / read more

In its judgment of 4 May 2017, the Court of Justice of the European Union (‘CJEU’) verified whether a general ban on advertising for Belgian dentists is in line with European Union law. In its judgment, the CJEU rejected an absolute ban but did not object to national or deontological rules that impose restrictions on advertising. The judgment is important for many liberal professions, including doctors, lawyers, architects, notaries, etc. / read more

Advocate General Bobek issued his Opinion on the referral from an Estonia court, finding that a company alleging defamation can take legal action in the country where it has its centre of interests, for all damage claimed. / read more

A US Court of Appeal found that DoubleVerify, Inc., an online authentication service, did have grounds to file a special motion to strike against under California’s Anti-SLAPP Law, which it filed in response to’s civil action against DoubleVerify for mischaracterising its video content, resulting in financial damages through loss of advertising revenue. / read more

In a set of five decisions, the Administrative Court of Paris has found that Google Ireland Limited (‘GIL’) is not taxable in France due to its lack of a permanent establishment in the country, which is the result of the specific contractual arrangements it has with its French SARL sister company Google France (‘GF’). / read more

In a landmark ruling a sharply divided Supreme Court of Canada declined to enforce the forum selection clause in the website terms of use of Facebook. / 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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