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Category: Internet

Strengthening the Press Through Copyright – lack of legal protection

The briefing note by committee of legal affairs demonstrates that the new, related right for press publishers provided in Article 11 of the ‘Proposed DSM Directive’ is required to address pressing market failures in the area of the online press. The note also outlines why the proposed Article 11 is proportionate and the criticism raised against it by various stakeholders is not compelling.

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SWD IA on EU copyright modernisation – impacts of first option for out-of-commerce works in the collections of cultural heritage institutions

EU legislative intervention (i) requiring MS to put in place legal mechanisms to facilitate collective licensing agreements for OoC books and learned journals and to foster national stakeholder frameworks for these and other works, and (ii) giving cross-border effect to such legal mechanisms.

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Restricting the monopoly of IP rights as antitrust measure in Russia

Russian Federal Antitrust Services (FAS) develops fifth packet of amendments to Russian law on protection of competition. The reason of proposed amendments, according to FAS, is inability to apply current law standards to digital markets. The updated regulation should also cover internet and digital platforms or companies. This so called “fifth packet” includes amendments to Russian IP law.

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EU commission’s recommendation on measures to effectively tackle illegal content online

The presence of illegal content online has serious negative consequences for users, for other affected citizens and companies and for society at large. In the light of their central role and the technological means and capabilities associated with the services that they provide, online service providers have particular societal responsibilities to help tackle illegal content disseminated through the use of their services.

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Strengthening the Press Through Copyright – why a publisher’s right is required

The briefing note by committee of legal affairs demonstrates that the new, related right for press publishers provided in Article 11 of the ‘Proposed DSM Directive’ is required to address pressing market failures in the area of the online press. The note also outlines why the proposed Article 11 is proportionate and the criticism raised against it by various stakeholders is not compelling.

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Ventura v Motherless: safe harbor matters

Joshua Lange, the named defendant, owns, operates, and is the sole employee of his internet site, Motherless.com. The site contains over 12.6 million mostly pornographic pictures and video clips. The content generally has been uploaded by the site’s users, and the uploaders may or may not have created the material. Motherless stores the content on servers that Lange owns. In 2011, the website had nearly 750,000 active users and about 611,000 visits daily.

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Spanski v Telewizja Polska: domestic copyright infringement from abroad

When the owner of a foreign website, acting abroad, uploads video content in which another party holds exclusive United States public performance rights under the Copyright Act and then directs the uploaded content to United States viewers upon their request, does it commit an infringing “performance” under the Act? If so, is it protected from liability by the principle – unquestioned here – that the Act has no extraterritorial application?

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Russian internet includes only .ru and .su domain extensions

Internet is borderless, but national legislation is not. Under Russian law certain types of advertisement is forbidden for dissemination, including in Internet. Not all web-sites comply with requirements for ads. Therefore Russian authorities have rights to require restriction of access in a case if ad legislation is violated in relation to certain ad.

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Experts disliked Russian RKN’s draft order on web-site identification for blocking purposes

Experts from Russian government believes Russian internet watchdog Roskomnadzor extends its authority by means of proposed draft order. They believe the draft order is to be rewritten; the draft provides Roskomnadzor with authority to restrict access to any web-site at its own discretion. But Roskomnadzor believes it has proposed the suitable draft of order – it is necessary to fix failures made by courts in their decisions and other documents made by relevant authorities or officers.

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