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27 Jul 2020, 3:05 am by Eleonora Rosati
 In this regard, it is also worth noting that, unlike both Article 17 (which excludes the availability of hosting safe harbour in relation to situation covered by that provision) and what the referring court appears to think by looking at how the referred questions have been phrased, the AG considers that the hosting safe harbour is available irrespective of the type of liability at hand.All in allIn conclusion, when it comes to UUC platforms, the AG considers that liability… [read post]
27 Jul 2020, 1:02 am by Merpel McKitten
At 10, the authors state that third parties which are not nominal addressees of the FRAND commitment may still "benefit from the Huawei v ZTE negotiation framework". [read post]
22 Jul 2020, 4:26 pm by INFORRM
Resultantly, the safe harbour agreement was replaced by the EU-US Privacy Shield. [read post]
16 Jul 2020, 10:02 am by Rob Robinson
Editor’s Note: The Court of Justice of the European Union (CJEU) today issued a press release highlighting the judgment issued in the Case C-311/18 Data Protection Commissioner v Facebook Ireland and Maximillian Schrems. [read post]
16 Jul 2020, 9:17 am by INFORRM
  The original adequacy agreement in relation to the United States (safe harbour) was struck down in Schrems I because it failed to ensure that there was adequate protection on a number of grounds, some of which related to the safe harbour system itself, but some of which related to the law in the US, specifically that which allowed mass surveillance. [read post]
15 Jul 2020, 10:07 am by Christian Schröder
All companies involved in the PRISM program appeared to be Safe Harbour-certified, making the Safe Harbour scheme, in words of the EU Commission, “one of the conduits through which access is given to US intelligence authorities to collecting personal data initially processed in the EU”. [read post]
13 Jul 2020, 5:06 am by Eleonora Rosati
 The issues at the centre of these important referrals - on which see at greater length here and here - revolve around the key issue of whether platforms which make available user-uploaded content perform an act of communication to the public under Article 3(1) of the InfoSoc Directive.Other issues include:The availability of the hosting safe harbour in Article 14 of the E-Commerce Directive to platforms which communicate to the publicInjunctions under Article 8(3) of the InfoSoc… [read post]
9 Jul 2020, 3:35 pm by Kevin LaCroix
While inquiries into the Australian class actions market and the potential regulation of litigation funders are not new[v], the Federal Government in the past two months has sharply turned its attention on litigation funders by taking two significant steps: Litigation funding inquiry: On 13 May 2020, the Commonwealth Attorney-General announced an inquiry into litigation funding and the regulation of the class action industry. [read post]
24 Jun 2020, 11:47 am by Alan S. Kaplinsky
NAM violated the FCRA and Regulation V by failing to establish and implement adequate policies and procedures regarding the accuracy and integrity of information furnished to consumer reporting agencies. [read post]
16 Jun 2020, 2:51 pm by mtlawlibrary
Montana State Fund DA 20-0113 2020 MT 159N Civil – Workers’ Compensation Marriage of Kerr DA 19-0276 2020 MT 158N Civil – Domestic Relations Harbour v. [read post]
5 Jun 2020, 10:08 am by Krzysztof Pacula
Written by María Barral Martínez, a former trainee at the European Court of Justice (Chambers of AG Campos Sánchez-Bordona) and an alumna of the University of Amsterdam and the University of Santiago de Compostela The Hoge Raad Neederlanden (The Dutch Supreme Court), the referring court in the case Supreme Site Service and Others, C-186/19, harbours doubts regarding the international jurisdiction of Dutch courts under the Brussels I bis Regulation, in respect to a… [read post]
3 May 2020, 4:16 pm by INFORRM
Internet and Social Media IP Harbour had a post “TikTok owner use Blockchain evidence in Chinese Courts to prove IP Infringement””. [read post]
16 Apr 2020, 12:08 pm by Eleonora Rosati
Ba ba ba, bye BabybelFromageries Bel v J Sainsbury Plc [2019] EWHC 3454 (December 2019)Fact of the day: I don’t like cheese (you could say I’m not fondue it). [read post]
15 Apr 2020, 1:25 am by Eleonora Rosati
That case, as readers may remember, concerns whether YouTube (1) does directly perform copyright-restricted acts (acts of communication to the public under Article 3 of the InfoSoc Directive) when it gives access to user-uploaded content and (2) can rely on the hosting safe harbour under the e-Commerce Directive. [read post]
1 Apr 2020, 4:19 pm by INFORRM
The individual had been harbouring a grudge against Morrisons stemming from a previous disciplinary issue, and took the opportunity to copy the data from the USB stick and post it online. [read post]
21 Feb 2020, 4:53 pm by INFORRM
For an apt and very current illustration of the serious difficulties which arise when the boundary between the two is not recognised, it is worth taking time to read the judgment of Mr Justice Julian Knowles in Miller v The College of Policing & Another. [read post]
10 Feb 2020, 7:03 am by CMS
Does the CJEU’s Huawei v ZTE decision identify no more than a “safe harbour” within which a SEP owner would not abuse a dominant position? [read post]
1 Feb 2020, 5:31 am by Peter Groves
The first one is, but the second is more of a safe harbour, not itself determinative of an abuse. [read post]