Archive | November, 2011

Relevant provisions ISP liability under Ecommerce directive

Relevant provisions ISP  liability under Ecommerce directive; Information society directive; Enforcement directive 

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List of European cases

List of European cases where party seeks to require ISP to block infringing content doc

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Twentieth Century othrs v British Telecommunications

Evidence adduced at the 20C Fox v Newzbin trial indicated that the Newzbin1 Website had a substantial UK user base.

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Dastar v. Twentieth Century Fox Film

This case concerned a misrepresentation of origin claim. The Supreme Court found that because photographs are “communicative products” protected by copyright, false designation of their authorship is not cognizable under section 43(a)(1)(A).

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Agence France Press v. Morel

Terms licensing use and distribution of photos uploaded to Twitter by an author to third parties were found to withstand declaratory judgment of non-infringement of an online service providers licensing provisions included in the TOS agreement.

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Williams v. Lifes Rad, Cafépress.

Under the terms of the TOS agreement CaféPress had the authority to remove an item that “CafePress believes…. infringes the rights of a third party, including, without limitation, copyrights [and] trademarks.

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