IT-Law News 7/2014: Web blocking
The High Court of Cologne, Germany has recently decided that an Internet Service Provider is not obliged to block a copyright-infringing site. This is remarkable because it is contrary to a decision of the Austrian Supreme Court and the European Court of Justice, according to which an Internet provider must block the access to a web portal to prevent further copyright violations. It remains to be seen if and how the German Supreme Court will decide.
IT-Law News 6/2014: Computer Ethics and Law
Prof. Wanbil Lee, President of our Hong Kong based partner The Computer Ethics Society, has kindly sent us a link to the write-up of his presentation on ethics and law in cyberspace in Vienna. We are pleased to forward this link and invite you to also provide us with information you would like to share with our largest international IT-law network of partners, contact points and advisory board members all over the world:
IT-Law News 5/2014: Right to be forgotten (ECJ), 15.05.2014
The European Court of Justice (ECJ) has again released a game-changing decision this week. The Court holds Google responsible for the processing that it carries out of personal data which appear on web pages published by third parties. Thus, if, following a search made on the basis of a person´s name, the list of results displays a link to a web page which contains information on the person in question, that data subject may approach the operator directly, and where the operator does not grant the request, bring the matter before the competent authorities in order to obtain, under certain conditions, the removal of that link from the list of results (ECJ Press Release, full decision).
The e-center and Prof Zankl are quite sceptical because the fundamental right of freedom of information will be affected and Google will now (have to) decide what to leave on the list of results which a search engine should not do. Moreover, the right to be forgotten does – considering the many ways and channels content is distributed on the internet – not really make sense. It is almost impossible to trace each and every content.
IT-law news 4/2014: groundbreaking ECJ decisions, 24.04.2014
Within a few days the European Court of Justice recently released two game-changing decisions regarding internet providers and their customers: first it accepted that courts may obligate providers to block their customers´ access to internet sites with copyright infringements. And then it declared the European Data Retention Directive to be invalid. This directive committed providers to store traffic and location data of their customers. Please read more about these very important IT law developments in the paper of Prof. Zankl, founder and head of the e-center.
IT-Law News 2/2014, 04.03.2014
The provisions of the new European Directive on Consumer Rights will be applicable as of June 13th 2014. Please find further information here: e-center.eu/en/aktuell/themenschwerpunkt.
IT-Law News 1/2014, 19.02.2014
The Federal Court of Justice of Germany has ruled that the operator of a typo domain is obligated to inform users that the called up website is not the targeted website. The Court granted theinjunctive relief from the point of interception of customers.
The subject matter was the dispute between the owner of the domain "wetteronlin.de" and the operator of the Weather Service "wetteronline.de". Thus the weather service claimed that users who had made a mistake, usually do not recognize why they have reached a completely different page. If they had then sought another weather service, "wetteronline.de" would have been damaged thereby.