Case Law

668 articles available

 By Raquel Xalabarder, Universitat Oberta de Catalunya "This ruling is very good news for the recent doctrinal attempts to bring some flexibility in the way copyright laws are being interpreted and…

 German Court of First instance rules that YouTube is only liable for secondary liability for user's infringing uploads, but must prevent future infringements of identified works by screening of and…

 The German Federal Court of Justice rejects liability for image search thumbnails even if they are indexed on websites showing the images without permission as long as other websites did so with the…

 The Dutch Court of Appeal in Leeuwarden has ruled in favor of an online market platform with regard to its liability for intellectual property infringements and the burden of policing for unlawful…

 On 10 May, the District Court of The Hague extended an earlier ruling with regard to two access providers to block The Pirate Bay to several major Dutch access providers.  The providers lament the…

 In recent years, Italian courts have struggled to create a new figure, the ‘active hosting provider,’ whereby providers that do not offer any content themselves, can nonetheless be held liable with…

 “The ruling confirms the exclusion of ideas from software copyright protection and enlightens certain grey zones of the Software Directive.” The protection of computer programs is one of the nicest…

 On 5 April 2012, the French Court of Cassation stayed of proceedings in a copyright infringement case opposing a French songwriter to an Austrian CD manufacturer and referred preliminary questions…

 "One could say that the CJEU by its decision in the Bonnier-case has “defended” or "safeguarded" the right of civil enforcement by right holders against direct online infringers." As with…