Brexit, Copyright and Liminality
Laurence Kaye considers the likely impact on the UK of the proposals from the EU Commission for a new Copyright Directive…
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ARTICLES BY scl-paullauria
Competition in Data Feeds: Court Confirms Commission View
The General Court of the EU has confirmed the Commission’s decision to accept the commitments of Thomson Reuters intended to remedy its abuse of a dominant position in the market for consolidated real-time data feeds…
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McFadden: Free Wifi, Liability and Passwords
The operator of a shop who offers a wi-fi network free of charge to the public is not liable for copyright infringements committed by users of that network. However, the CJEU suggests that an operator may be required to password-protect its network in order to bring an end to, or prevent, such infringements….
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Book Review: Celebrity and Royal Privacy, the Media and the Law
Laurence Eastham reviews Professor Robin Callender Smith’s book, published by Sweet & Maxwell in December 2015 (ISBN: 9780414050877, £175, 563 pp)…
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TVCatchup Case: A-G’s Opinion on Cable and Copyright
The questions referred by the Court of Appeal in ITV Broadcasting Ltd & Ors v TVCatchup Ltd & Ors are now the subject of an Opinion from and Advocate General…
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Hyperlinking Judgment from CJEU
According to the CJEU, ‘financial gain’ is the key differentiator when seeking to determine whether hyperlinking to material that is hosted in breach of copyright makes the poster of the link liable. If there is financial gain, knowledge of the breach is to be presumed. Where there is knowledge, there is liability….
E-books and VAT: A-G’s Opinion
Downloaded e-books and the like can be excluded from the reduced rate of VAT that applies to publications, according to a new Opinion from Advocate General Kokott…
EU and Canada PNR Agreement Invalid
The proposed agreement for the exchange of passenger name record data between the EU and Canada has been described as incompatible with EU fundamental rights by Advocate General Mengozzi as it is currently drafted…
CJEU Gives its OK to Pre-installed Software
According to the CJEU, the sale of a computer equipped with pre-installed software does not constitute an unfair commercial practice. Moreover, failure to indicate the price of each item of pre-installed software does not constitute a misleading commercial practice….
VKI v Amazon: Governing Law
Robert Bond considers a recent CJEU judgment that considered governing law clauses in consumer contracts and gave further guidance on the meaning of ‘establishment’ in the data protection context…