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28 Oct 2017, 3:57 am by Jan von Hein
It involves the actual pursuit of an economic activity through a fixed establishment in another Member State for an indefinite period (CJEU in Factortame and Others, C-221/89, para. 20 and Commission v. [read post]
26 Oct 2017, 4:52 am by INFORRM
In Lockton v Persons Unknown and Google Inc [2009] EWHC 3423 (QB). the court questioned whether it had jurisdiction to make an order against a company based in the United States without a place of business in England. [read post]
25 Oct 2017, 3:54 am by Graham Smith
Citations in the post are to that list and to paragraph numbers in the Communication.Index to Issues and AnnexPresumed illegalDue process at sourceLegal competence v practical competenceDue process v quality standardsManifest illegality v contextual informationIllegality on the face of the statute v prosecutorial discretionOffline v onlineMore is better, faster is bestLiability shield v removal toolNational laws v coherent EU… [read post]
25 Oct 2017, 3:54 am by Graham Smith
Citations in the post are to that list and to paragraph numbers in the Communication.Index to Issues and AnnexPresumed illegalDue process at sourceLegal competence v practical competenceDue process v quality standardsManifest illegality v contextual informationIllegality on the face of the statute v prosecutorial discretionOffline v onlineMore is better, faster is bestLiability shield v removal toolNational laws v coherent EU… [read post]
12 Oct 2017, 4:22 pm by INFORRM
A person signing a DMCA notice must state a good faith belief that the use is not authorized, declare her authority to act under penalty of perjury, and risk damages for misrepresentation under section 512(f).[3] That source of protection has not technically disappeared, but its value is largely lost when notices are generated not by a person, but by a machine. [read post]
10 Oct 2017, 3:53 pm by Eric Barton
The lawsuit is styled United Parcel Service, Inc. v. [read post]
10 Oct 2017, 3:53 pm by Eric Barton
The lawsuit is styled United Parcel Service, Inc. v. [read post]
9 Oct 2017, 4:00 am by Sean Vanderfluit
At para. 38, the court stated that this attracts considerable deference because it is a discretionary matter. [read post]
8 Oct 2017, 2:01 pm
The Remedial Pillar then suggests the framework for ordering state based non-judicial grievance mechanisms (UNGP 27) and non-state based grievance mechanism, including those preferred by enterprises, private third party groups and international human rights bodies (UNGP 28).Where these non-state mechanisms are operated by industry, multi-stakeholder and other collaborative initiatives and are based on respect for human rights-related… [read post]
5 Oct 2017, 3:33 pm by Daphne Keller
A person signing a DMCA notice must state a good faith belief that the use is not authorized, declare her authority to act under penalty of perjury, and risk damages for misrepresentation under section 512(f).[3] That source of protection has not technically disappeared, but its value is largely lost when notices are generated not by a person, but by a machine. [read post]