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Notice & take-down

ECJ to discuss the case of eBay & trademark infringement

15 December, 2010
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This article is also available in:
Deutsch: EuGH behandelt Rechtssache eBay & Markenschutz


In the case introduced by L'Oreal against auction site eBay and referred by the High Court of Justice (England and Wales) to the European Court of Justice (ECJ) the Advocate General, Niilo Jaaskinen, published on 9 December 2010 its opinion that the site could not be considered liable for trademark infringement committed by its users in case it was not expressly notified regarding such infringements.

However, in case electronic marketplaces, such as eBay, do not take measures to stop a trademark infringement when notified of it, they will no longer be except from liability: "Regarding the same user and the same trade ma

Commission finds solution on notice and takedown and it seeks the problem

15 December, 2010
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This article is also available in:
Deutsch: Kommission findet Lösung für Notice and Takedown und sucht nun das P...


On 15 December 2010, the European Commission held its third meeting on "public private cooperation to counter the dissemination of illegal content in the European Union." The first meeting took place in November 2009 and the second in May 2010.

After the previous meeting, the European Commission received written comments jointly from EDRi and EuroISPA as well as a variety of industry players.

Rule of law in the hands of private companies.Wikileaks is just the start.

15 December, 2010
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This article is also available in:
Deutsch: Das Prinzip der Rechtsstaatlichkeit in den Händen der Privatwirtschaf...


Private-sector attempts to undermine and attack the ability of WikiLeaks to function on the Internet have attracted much attention. Their domain name (wikileaks.org) was was taken out of service by EveryDNS, their ability to collect funds was restricted by Paypal, Visa and Mastercard while Amazon deleted their website. When did we abandon the rule of law and replace it with summary justice meted out by private companies? How does it happen that private companies can punish a website that has never been convicted of a crime?

EDRi response to European Commission E-Commerce Directive Consultation

10 November, 2010
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European Digital Rights responded to the European Commission's consultation on the E-Commerce Directive, the deadline for which was Friday, 5 November, 2010.

The E-Commerce Directive is of particular importance to digital civil rights because it covers issues such as the deletion of websites and monitoring of networks.

EDRi's response can be downloaded from:

http://www.edri.org/files/EDRi_ecommerceresponse_101105.pdf

ENDitorial: Internet blocking in ten weeks and counting

22 September, 2010
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This article is also available in:
Deutsch: ENDitorial: Internet-Sperren in zehn Wochen


Within the next ten weeks, the European Parliament will finish its crucial first reading of the Directive which, if the European Commission has its way, will impose an EU-wide blocking infrastructure - undermining child protection, fundamental rights and the EU's voice on freedom and democracy in the world.

The measure proposed is quite interesting. The text reads as follows: "Member States shall take the necessary measures to obtain the blocking of access by Internet users in their territory to Internet pages containing or disseminating child pornography.

YouTube guilty of its users' copyright infringement says a German court

8 September, 2010
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This article is also available in:
Deutsch: Deutschland: YouTube wegen Verletzung von Urheberrechten verurteilt


On 3 September 2010, the German Hamburg state court ruled that Google's subsidiary YouTube had to pay damages for not having prevented and blocked the upload by its users of several videos of Sarah Brightman's performances, thus violating its copyright.

Although YouTube uses a standardized form to users regarding their right to publish materials, the court did not find this enough and considered YouTube as legally responsible for the content uploaded, especially as the platform can be used anonymously, in the court's opinion.

YouTube uses Content ID, an anti-pirating technology to check out video

Deleting illegal sites is more efficient than blocking them

8 September, 2010
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This article is also available in:
Deutsch: Löschen illegaler Seiten ist effizienter als Sperren


Eco, the Association of German Internet Economy, presented, in a press conference in Berlin on 1 September 2010, the situation related to fighting child pornography, reaching the conclusion that deleting was, in 98% of the cases, more efficient than blocking illegal sites.

Thus, out of 197 child pornography sites reported at the Eco Internet Complaint during the first half of 2010, 194 were offline in a week. "The Websites that are hosted on the German servers were offline regularly within one business day."

The main reason for this successful result is the establishment of "notice and takedown" procedures and

Germany: Filtering by keywords is not an obligation for a hosting company

28 July, 2010
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This article is also available in:
Deutsch: Deutschland: Hosting-Unternehmen müssen keine Wortfilter einsetzen


The Higher Regional Court of Düsseldorf decided on 21 July 2010 that RapidShare, as a hosting company, is not guilty of copyright infringement.

RapidShare has faced several cases in court for copyright infringement and in December 2009 lost a case in a local German court to Capelight Pictures movie studio which accused the site of not having taken all reasonable measures to counter the illegal distribution of one of its films.

However, after RapidShare appealed the decision, the Higher Regional Court of Düsseldorf overturned the 2009 decision.

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