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2 May 2009, 3:24 pm
Yesterday, the British Columbia Court of Appeal released reasons for judgment in Smith v. [read post]
15 Mar 2012, 12:00 am by INFORRM
Godfrey v Demon Internet represented an application of unvarnished traditional doctrine to the internet. [read post]
26 Jul 2017, 2:59 am by INFORRM
The Supreme Court of Canada has issued its decision in Google Inc v Equustek (2017 SCC 34). [read post]
14 Apr 2021, 4:07 pm by INFORRM
Over-vigorous application of a statutory offence might be greeted in similar terms to those employed by the Lord Chief Justice in the Twitter Joke Trial case (Chambers v DPP), an appeal from conviction under s.127 of the Communications Act 2003: “The 2003 Act did not create some newly minted interference with the first of President Roosevelt’s essential freedoms – freedom of speech and expression. [read post]
28 Apr 2013, 7:04 am by INFORRM
  In that sense the Supreme Court judgment has similarities to the Canadian Supreme Court Copyright Pentalogy and the CJEU decision in Usedsoft v Oracle. [read post]
22 Feb 2014, 4:08 pm by INFORRM
The decision of the European Court of Justice in Svensson v Retriever Sverige AB (Case C‑466/12, 13 February 2014) has established some important points about the legality of linking under EU copyright law: A clickable direct link to a copyright work made freely available on the internet with the authority of the copyright holder does not infringe. [read post]
1 Jan 2020, 4:24 pm by INFORRM
The YouTube and Uploaded cases (C-682/18 Petersongs v YouTube and C-683/18 Elsevier v Cyando) pending from the German Federal Supreme Court include questions around the communication to the public right, as do C-392/19 VG Bild-Kunst v Preussischer Kulturbesitz (Germany, BGH), C-442/19 Brein v News Service Europe (Netherlands, Supreme Court) and C-597/19 Mircom v… [read post]
3 Jan 2021, 4:01 pm by INFORRM
The YouTube and Uploaded cases (C-682/18 Peterson v YouTube and C-683/18 Elsevier v Cyando) referred from the German Federal Supreme Court include questions around the communication to the public right, as do C-392/19 VG Bild-Kunst v Preussischer Kulturbesitz (Germany, BGH), C-442/19 Brein v News Service Europe (Netherlands, Supreme Court) and C-597/19 Mircom v… [read post]
3 May 2018, 4:42 pm by INFORRM
“ Courts in Ireland (Mulvaney v Betfair), the England (Kaschke v Gray, England and Wales Cricket Board v Tixdaq) and France (TF1 v Dailymotion) have reached similar conclusions (albeit in Tixdaq only a provisional conclusion). [read post]
14 Apr 2023, 4:41 pm by INFORRM
” Take care with that social media duty of care October 2018: “[Rhodes v OPO] aptly illustrates the caution that has to be exercised in applying physical world concepts of harm, injury and safety to communication and speech, even before considering the further step of imposing a duty of care on a platform to take steps to reduce the risk of their occurrence as between third parties, or the yet further step of appointing a regulator to superintend the platform’s… [read post]