On 27 March 2014, the European Court of Justice (CJEU) ruled that national jurisdiction can order an injunction against an Internet Service Provider (ISP) requiring it to restrict its customers from accessing a website that is placing protected content online without the consent of the rights holder.
Four Austrian providers have continued to fight the details regarding the implementation of the decision before Austria’s supreme court (Oberster Gerichtshof, OGH) – without much success.
This week, Austrian online news platform “Futurezone” obtained a classified copy of the latest decision of the OGH. The document shows that the national supreme court decided to impose the costs of Austria’s blocking scheme on the operators – meaning that these will, in the end, be passed on to the customers.
In the first 18 sentences of its decision, the Spanish Audiencia Nacional court has endorsed, without any changes, the European ruling on the so called 'Right to be forgotten' on the Internet. Citizens can demand search engines, Google in this case, the removal of personal information from URLs if they consider it harmful, assuming accessing these links can not be justified neither on public interest grounds nor because of the public relevance of the affected individual.
Because of the 25-year copyright protection, several companies in the UK sell replicas of classic European furniture which cannot be sold in other EU member states due to copyright. Examples include Danish classics, such as the famous Egg chair, designed by Arne Jacobsen, who died in 1971.
These replicas are also sold to Danish consumers, among other things, through UK webshops. The Danish furniture industry has successfully pursued a number of legal options in Denmark against the UK sellers in order to stop this activity. A recent Danish court decision from 12 November 2014 concerns the UK company Voga Ltd. which operates a webshop, voga.com.
Late last month, Judge Otis Wright of the Central District of California invalidated five claims in one of MyMedicalRecords’ patents in a case involving Walgreens, Quest Diagnostics, WebMD, and more. Wright’s decision [PDF] is one of many new cases that have implemented the Supreme Court’s recent ruling in Alice v. CLS Bank, a groundbreaking decision that basically says: you can’t make an abstract idea patentable by simply adding “do it on a computer.”
In a German first court decision about Leistungsschutzrecht (also known as Lex-Google), a copyright holder was prohibited to use a screenshot as evidence for copyright violation.
Denmark was the first European country to force an ISP to block access to The Pirate Bay. Following this, a Danish Court has now ordered another round of pirate site blocks, the largest one thus far.
Following a complaint from the local Rights Alliance (RettighedsAlliancen) group the blocklist was updated with 12 popular torrent, streaming and MP3 download sites. Due to a recent agreement the sites will be blocked by all ISPs, even those not mentioned in the lawsuit. Late last year Rights Alliance and the telecommunications industry signed a Code of Conduct which ensures that blockades are put in place country-wide.