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Intellectual Property

McFadden: Free Wifi, Liability and Passwords

September 15, 2016

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

September 12, 2016

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

September 8, 2016

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

September 7, 2016

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….

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E-books and VAT: A-G’s Opinion

September 7, 2016

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…

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CJEU Gives its OK to Pre-installed Software

September 6, 2016

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….

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VKI v Amazon: Governing Law

September 5, 2016

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…

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Honouring the Breach

August 31, 2016

A recent appeal against a monetary penalty notice shows the need to recognise a data breach where the duty to notify applies…

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Apple, Tax and State Aid

August 29, 2016

The EU Commission find that Ireland gave illegal tax benefits to Apple worth up to €13 billion…

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When Algorithms Kill

August 23, 2016

Peter Gallagher considers the autonomous weapons debate in international humanitarian law…

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