Category Archive: Internet

TV Catchup – CJEU gives little air time to retransmission defence

By Alastair Mackichan The Court of Justice of the European Union has put to bed any doubt as to whether section 73 of the Copyright Designs and Patents Act (“CDPA”) is compatible with the EU Copyright Directive. Section 73 provides a defence against copyright infringement for operators of cable platforms in relation to the retransmission …

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2017/03/tv-catchup-cjeu-gives-little-air-time-to-retransmission-defence/

UK: Search engines agree to demote pirate sites in search result listings

By John Wilks and Alastair Mackichan The UK Intellectual Property Office (the “IPO”) announced last month that Google and Bing have agreed to enter into a voluntary code of practice with the UK creative industries (represented by the British Phonographic Industry, the Motion Picture Association and the Alliance for Intellectual Property) (the “Code”). The “Code …

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2017/03/uk-search-engines-agree-to-demote-pirate-sites-in-search-result-listings/

Sports betting does not require a German gambling license in North Rhine-Westphalia at the moment

By Dr. Michael Stulz-Herrnstadt and Christoph Engelmann The Higher Administrative Court of North Rhine-Westphalia (OVG NRW) ruled in a recent decision that sports betting intermediation by an EU-licensed provider does not require a(n additional) German gambling license in North Rhine-Westphalia at the moment. With this decision the court takes a very liberal stance. Yet, this …

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2017/01/sports-betting-does-not-require-a-german-gambling-license-in-north-rhine-westphalia-at-the-moment/

Filmspeler – Advocate General applies linking case law to Internet media players

By John Cloke, John Wilks and Alastair Mackichan Hot on the coattails of the CJEU’s ruling in GS Media (see here), the court’s Advocate General has come down hard on the seller of pre-configured media players which give access to pirated content over the Internet, in his advisory opinion in the Filmspeler case delivered last …

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/12/filmspeler-advocate-general-applies-linking-case-law-to-internet-media-players/

Unlawful prohibition of sports betting in Germany

The Federal Administrative Court of Germany (BVerwG) ruled in a recent decision that if the state monopoly for sports betting persists an administrative prohibition of sports betting without a German sports betting concession would be unlawful. This decision ties in with a recent decision of the European Court of Justice (ECJ). There the ECJ ruled …

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/11/unlawful-prohibition-of-sports-betting-in-germany/

Digital Content Distribution: the EU Commission Inquiry

A few weeks ago the EU Commission published the preliminary report of its inquiry on the e-commerce sector launched in May 2015, in the context of the Digital Single Market Strategy, DSM Strategy. The Inquiry is investigating both online sales of consumer goods and sale / license of digital content, and the latter is the subject …

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/10/digital-content-distribution-the-eu-commission-inquiry/

Cyber-Bullying: Some Legal Issues of the Bill under Discussion

On 12 September 2016, the Italian Deputy Chamber has begun the discussion of the Bill no. 3139 (“Bill”), aimed at contrasting cyber-bullying.  This would impose significant duties on web-site operators (as defined within the same Bill). You can find here the text of the Bill and below a summary of its main contents. Share this

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/09/cyber-bullying-some-legal-issues-of-the-bill-under-discussion/

Think before you link – CJEU confirms that linking to freely available but unauthorised content can infringe copyright

By Rahool Sarjua and John Cloke Following the string of cases on hyperlinking the CJEU has dealt with in recent years, the court has emphatically confirmed in its judgment in GS Media v Sanoma & Ors that hyperlinking to works that have been made available on the Internet without the authorisation of the copyright owner …

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/09/think-before-you-link-cjeu-confirms-that-linking-to-freely-available-but-unauthorised-content-can-infringe-copyright/

Bill on the Amendment to the Polish Gambling Act adopted

At a meeting of the Council of Ministers on 19 July 2016, the Bill on the Amendment to the Gambling Games Act and Certain Other Acts, tabled by the Ministry of Finance, was adopted. The Ministry stressed that its main objective was to limit the so-called “grey zone”, protect players against the negative consequences of …

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/07/bill-on-the-amendment-to-the-polish-gambling-act-adopted/

Changes to be introduced by the amendment to the Polish Gambling Act – part 1: changed definitions

The Polish Regulator has published the wording of the proposed amendment to the Polish Gambling Act. If enacted, it will come into force on 1 January 2017. In subsequent posts, I will highlight the most interesting changes and provide some comments. The new amendment changes or modifies the definitions of gambling games. Namely, it provides …

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/06/changes-to-be-introduced-by-the-amendment-to-the-polish-gambling-act-part-1-changed-definitions/

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