Article 15(1) ECD is dead! Long live Article 15(2) ECD! Or how the European Commission stroke the last blow to the ECD safe harbours with its proposed copyright Directive!

Posted on September 14, 2016 by Sophie Stalla-Bourdillon • 9 Comments

So here we are, never 2 without 3. After the proposed Audiovisual Media Services Directive (AMSD), and the Code of Conduct on countering illegal hate speech, here comes the proposed Directive on copyright in the Digital Single Market! This proposed Directive contains 24 Articles and touches upon hotly debated and controversial issues, such as … Continue reading →

content regulation / Copyright / immunities / Internet intermediaries / liability / Linking / notice-and-take down

The CJEU on its head: Is GS Media consistent with Google v Vuitton?

Posted on September 8, 2016 by Sophie Stalla-Bourdillon • 3 Comments

The decision of the CJEU (Court of Justice of the EU) in the GS Media case is a shock. For those who are still enjoying your summer holidays, the CJEU issued today a decision that will not be forgotten easily. The first reason is that the CJEU does not follow its Advocate General (AG), who … Continue reading →

blocking injunction / deep packet inspection / filtering / Intellectual Property / Internet intermediaries / Trade Marks

Blocking injunction confirmed in trade mark case: could Cartier ever nourish euro-scepticism even after Brexit?

Posted on July 7, 2016 by Sophie Stalla-Bourdillon • Leave a comment

The Court of Appeal of England and Wales (CA) confirmed yesterday the availability of injunctions against Internet access providers to the benefits of trade mark owners. In short, the CA had to hear appeals by five English Internet service providers (Sky, BT, EE, TalkTalk and Virgin, known as ‘the ISPs‘) against first instance orders made … Continue reading →